Victim in Historical Perspective - Some Aspects of the English Experience

• NCJ Number: 99169
• Journal: Journal of Social Issues Volume: 40 Issue: 1 Dated: (1984) Pages: 77-101
• Author(s): J Greenberg
• Date Published: 1984
• Length: 25 pages
• Publication Format: Article
• Publication Type: Historical Overview
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This paper attempts to place the relationship between the victim, the harmdoer, and the state in historical perspective by concentrating on a formative period in the English law -- the 11th through the 13th centuries.

Abstract

Major focus is on the transition from one system, in which victims were seen as deserving of compensation, to a very different system, in which compensation was gradually supplanted by the support of the state. Two related themes -- the emerging distinction between crime and tort, and the state's attempts to monopolize the prosecution of serious offenses -- also are treated. The paper concludes that, while victims eventually lost the right to compensation, they gained the valuable advantage of being represented by the might and power of the state, a development that relieved them of the heavy burdens that were inherent in the compensatory system of justice. (Publisher abstract)