VICTIM IN THE JUDICIAL PROCEDURE

• NCJ Number: 52396
• Journal: INTERNATIONAL JOURNAL OF CRIMINOLOGY AND PENOLOGY Volume: 3 Issue: 1 Dated: (FEBRUARY 1975) Pages: 63-69
• Author(s): H MAISCH; H SCHUELER-SPRINGORUM
• Date Published: 1975
• Length: 7 pages
• Corporate Author: Academic Press Ltd
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United Kingdom
• Note: PRESENTED AT THE FIRST INTERNATIONAL SYMPOSIUM ON VICTIMOLOGY, JERUSALEM, SEPTEMBER 1973

Annotation

THIS ARTICLE EXAMINES HOW THE STUDY OF VICTIMOLOGY CAN BEST BE SERVED WHEN ANALYZING THE ROLE OF THE VICTIM IN THE CONTEXT OF CRIMINAL PROCEDURE. THE CONCEPT OF PRESUMPTIVE VICTIMOLOGY IS INTRODUCED.

Abstract

IT IS SUGGESTED THAT JUST AS ACCUSED PERSONS ARE PRESUMED INNOCENT UNTIL FOUND GUILTY, THE ALLEGED VICTIM SHOULD BE CONSIDERED A PRESUMPTIVE VICTIM UNTIL THE FINAL VERDICT IS PASSED. EVEN CONVICTION CANNOT GUARANTEE TRUE STATEMENTS ABOUT THE VICTIM-OFFENDER RELATIONSHIP SINCE THERE MAY BE JUDICIAL ERRORS OR A VERDICT BASED ON CIRCUMSTANTIAL EVIDENCE. EXAMPLES DERIVED FROM STUDIES OF SEXUAL OFFENSES INVOLVING CHILDREN IN THE FEDERAL REPUBLIC OF GERMANY ARE INCLUDED AS ILLUSTRATIVE OF THE VARIOUS PROBLEMS CONFRONTED IN STUDYING VICTIMOLOGY AND IN DECIDING HOW PRESUMPTIVE VICTIMS SHOULD BE TREATED WITH REGARD TO JUDICIAL PROCEDURES. THE CREDIBILITY OF VICTIMS AS WITNESSES AND THE EFFECT OF THE JUDICIAL PROCEDURE ITSELF UPON VICTIMS ARE DISCUSSED. REFERENCES ARE INCLUDED. (MPK)