VICTIMS, OFFENDERS, AND THE CRIMINAL JUSTICE SYSTEM - IS RESTITUTION AN ANSWER? (FROM OFFENDER RESTITUTION IN THEORY AND ACTION, 1978, BY BURT GALAWAY AND JOE HUDSON SEE NCJ-49547)

• NCJ Number: 49553
• Author(s): E C VIANO
• Date Published: 1978
• Length: 9 pages
• Corporate Author: Lexington Books
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE CRIMINAL JUSTICE SYSTEM'S GENERAL DISREGARD FOR THE RIGHTS AND NEEDS OF VICTIMS IS DISCUSSED, AND RESTITUTION IS CONSIDERED AS A MEANS OF OFFERING REDRESS TO VICTIMS.

Abstract

THE PROBLEMS THAT ARISE AS A RESULT OF VICTIMIZATION ARE DISCUSSED IN GENERAL AND RELATIVE TO SPECIFIC OFFENSES (HOMICIDE, SEXUAL ASSAULT, ASSAULT, PROPERTY CRIMES). FACTORS ENTERING INTO THE CRIMINAL JUSTICE SYSTEM'S RECOGNITION OF A PERSON AS A VICTIM ARE NOTED. EVIDENCE THAT MANY VICTIMS FAIL TO REPORT OFFENSES IS CITED. POSSIBLE REASONS FOR FAILURE TO REPORT ARE CONSIDERED. BECAUSE THE CRIMINAL JUSTICE SYSTEM'S DISREGARD FOR VICTIMS' RIGHTS AND NEEDS MAY BE ONE OF THE MAJOR REASONS FOR VICTIMS' RELUCTANCE TO REPORT AND/OR TO TESTIFY, IT IS CONCLUDED THAT STEPS MUST BE TAKEN TO ENSURE THAT THE SYSTEM PAYS GREATER ATTENTION TO THE VICTIM. A SYSTEM OF EFFECTIVE AND MEANINGFUL RESTITUTION IS VIEWED AS ONE APPROACH TO IMPROVING THE VICTIM'S PERCEPTIONS OF THE CRIMINAL JUSTICE SYSTEM AND OF SOCIETY IN GENERAL. RESTITUTION CAN SERVE VICTIM, OFFENDER, AND SOCIETY BY RESTORING THE VICTIM TO A PREVIOUS CONDITION, BY FORCING THE OFFENDER TO FACE RESPONSIBILITY AND REMEDY THE DAMAGE DONE, AND BY STRENGTHENING SOCIETAL TIES. IT IS POINTED OUT THAT TOO OFTEN THE FOCUS OF RESTITUTION IS ON THE OFFENDER AND THE BENEFITS TO BE DERIVED BY THE CORRECTIONAL SYSTEM, RATHER THAN ON THE VICTIM. THE IMPORTANCE OF CONSIDERING THE VICTIM'S NEEDS INDEPENDENTLY OF THE NEEDS OF THE OFFENDER AND THE CRIMINAL JUSTICE SYSTEM IS EMPHASIZED. A TABLE SUMMARIZES CRIME-RELATED VICTIM PROBLEMS. NOTES ARE INCLUDED. (LKM)