NCJ Number
74604
Journal
Revue internationale de criminologie et de police technique Volume: 33 Issue: 2 Dated: (April-June 1980) Pages: 133-147
Date Published
1980
Length
15 pages
Annotation
The place of the victim in the general system of criminal law and the protection or compensation provided victims by systems of criminal justice are discussed in the context of evolving criminal policy.
Abstract
In the classical 19th century system of crime and punishment there was no logical place for the victim: emphasis was placed on the offense and the penalty prescribed by law rather than on the situation of the delinquent or indemnification of the victim. This changed as representatives of the first school of social defense at the beginning of the 20th century demanded compensation to parties suffering damage from offenses. However, not until von Hentig's 1948 book, 'the Criminal and his Victim,' did the focus of research shift to the victim. At first the primary concern was the participation of the victim in the offense. Since then 'victimology' has been the theme of numerous conferences and seminars. Areas of interest have expanded to include victims' personalities, their biological, psychological, and social characteristics, their relationships with offenders, and their role in the commission of the offense, as well as their predisposition to victimization. In the eyes of the author, the victim must now be included in the system of criminal law, but as an integral part of the phenomenon of crime, not as an entity separate from other considerations relating to the offense and offender. Furthermore, educative efforts should be undertaken to protect high-risk groups. In Anglo-Saxon countries and other countries as well, innovations in law to provide for victims' rights have proceeded in three stages. First, the victim was enabled to demand and obtain reparation rapidly and conveniently through settlement by the public prosecutor. The second stage consisted in permitting the authorities for prosecution or judgment to substitute themselves for weak victims so that victims' rights were guaranteed. In the most advanced stage, the state itself demanded indemnification of the victim. This measure separates civil reparations from conviction and from criminal responsibility. Within this framework, a wide diversity of laws have been adopted in separate countries. Involvement of the state in victim indemnification is justified either with the argument that the State has failed in fulfilling its responsibility to protect the ordinary citizen or the argument that the State has the responsibility to aid those disadvantaged and needy. The new laws of most countries define specific crimes which can be indemnified, damages with warrant indemnification, and victim behavior which contributes to the commission of a crime. Despite the legal recourse made available to victims in many countries, victims still fail to use them. For that reason, efforts should be made to inform victims of their rights and to break down their traditional inhibitions. Notes are supplied.