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Journal articles on the topic 'Criminal victims'
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1
Laszlo, Anna T., and Tammy A. Rinehart. "Collaborative Problem-Solving Partnerships: Advancing Community Policing Philosophy to Domestic Violence Victim Services." International Review of Victimology 9, no. 2 (September 2002): 197–209. http://dx.doi.org/10.1177/026975800200900207.
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Throughout the last three decades, victims and victim advocates have significantly advanced victim's rights and services and have altered the fabric of police-victim interactions from viewing victims as necessary witnesses (Laszlo and Burgess, 1979; Waller, 1990) to engaging victims and victim organizations as collaborative partners in developing victim-oriented criminal justice services. As criminal justice agencies seek to engage stakeholders in problem-solving strategies, victims and victim organizations are becoming active partners in prevention, intervention, and restitution initiatives, and have been instrumental in tailoring criminal justice systems services to the needs of special populations. This paper describes four ongoing efforts to effect prevention, intervention, and restitution activities for special populations of victims and, in particular, to advancing community policing and community government in or for special populations. Within the historical contexts of the victim's movement, these efforts manifest the expanding role of victims as collaborative partners of police (including tribal police), prosecutors, and the courts.
2
Braun, Kerstin. "Giving Victims a Voice: On the Problems of Introducing Victim Impact Statements in German Criminal Procedure." German Law Journal 14, no. 9 (September 1, 2013): 1889–908. http://dx.doi.org/10.1017/s2071832200002546.
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Historically, victims of crimes were key participants in the prosecution of crimes around the globe. Over the centuries, however, as public police and prosecution service took over the prosecution of criminal acts, the importance of victims in criminal justice systems decreased in common law and civil law countries alike. The victim was sidelined and the victim's role was reduced to that of a witness for the prosecution. As one of the first scholars to comment on the absence of victims from the criminal justice system, William Frank McDonald referred to the victim as “the forgotten man” in criminal procedure.
3
Cartwright, Anna, and Edward Cartwright. "Ransomware and Reputation." Games 10, no. 2 (June 10, 2019): 26. http://dx.doi.org/10.3390/g10020026.
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Ransomware is a particular form of cyber-attack in which a victim loses access to either his electronic device or files unless he pays a ransom to criminals. A criminal’s ability to make money from ransomware critically depends on victims believing that the criminal will honour ransom payments. In this paper we explore the extent to which a criminal can build trust through reputation. We demonstrate that there are situations in which it is optimal for the criminal to always return the files and situations in which it is not. We argue that the ability to build reputation will depend on how victims distinguish between different ransomware strands. If ransomware is to survive as a long term revenue source for criminals then they need to find ways of building a good reputation.
4
Eddyono, Sri Wiyanti. "Criminal Code Draft and Protection for Victims of Gender Based Violence." Jurnal Perempuan 23, no. 2 (May 16, 2018): 65. http://dx.doi.org/10.34309/jp.v23i2.233.
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This paper analysis whether the Criminal Code Draft is oriented towards the interests and protection of the rights of victims especially women victims of gender-based violence. This paper uses juridical or normative research methods, through analysis on articles in the Criminal Code Draft. This study uses analytical framework of feminist legal theory which put law as a political product and often neglects the interests of women victims of violence that vary. This paper finds that the main orientation of the Criminal Code Draft is the interests of the perpetrator and the community, but not explicitly oriented to the victim's interests. It is assumed that with reference to the public interest then it has been victim-oriented. The victim is still seen as the party who helps to reveal the case alone, not the party who has suffered the loss so they need protection and reparation. The responsibility of the perpetrator is addressed to meet the interests of a sense of community justice, not a victim. In addition, some of the regulatory articles on criminal offenses still contain problems because the Criminal Code Bill prefer to compiles several laws outside the Criminal Code but does not revise articles which based on the experiences of the victims is difficult to implement, such as the arrangement of PKDRT (domestic violence). Furthermore, there are still articles that victimize victims by criminalizing those who are actually victims of gender-based violence.
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Amani, S. Z., and Nisha Dhanraj Dewani. "Restorative Justice: A Contrivance of Compensatory Jurisprudence for the Victims of Rape in India." Journal of Victimology and Victim Justice 2, no. 2 (October 2019): 202–14. http://dx.doi.org/10.1177/2516606919885495.
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Victims in rape cases are invariably the forgotten part in India’s criminal adversarial system. While the accused, more often than not, is protected with all the resources available at the expenditure of the State, the victim is left to fend for herself with little or no support from the State machinery. She is merely transformed to a witness to watch the entire play being organized by the accused and the State as the protagonists. The violations of victim’s rights, the invasion of her dignity, the actual losses incurred to her do not constitute matter of concern of any one. India, at present, is faced with the situations where respect for criminal law has reduced to minimum; one of the crucial reasons being the hapless condition of the victims. Perhaps, the most dismal condition is witnessed in the rape case. The present article seeks to highlight the plight of victims in Indian Criminal Justice System with special reference to victims of rape and also highlights the attempts of the judiciary to fill all the gaps through restorative justice to repair the harm caused by criminals.
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Wolf, Anne-Katrin, and Maja Werner. "Victims’ Rights Looking Good on Paper — How Criminal Prosecution in Germany Fails Victims of Sexual Violence." German Law Journal 22, no. 5 (August 2021): 800–816. http://dx.doi.org/10.1017/glj.2021.43.
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AbstractWhether in Germany or abroad, victims of sexual violence typically played only a minor part in criminal proceedings, serving primarily as witnesses due to the widespread public and objective nature of the trial.1 This led to victim disempowerment and a paternalistic method of State protection of victims.2 During the last decades, this perception underwent major changes in European legal systems, owing to a rising awareness of victim’s needs, especially in cases of sexual violence.3 International and European conventions and treaties played a major role4 by establishing an international regulatory framework. To implement those international standards, domestic criminal laws have changed significantly on both substantive and procedural levels. Today, Germany’s criminal procedure law contains many mechanisms for protecting victims. Nevertheless, in cases of sexual violence, the implementation of these mechanisms in criminal proceedings leaves much to desire due to the affect of gender stereotypes and rape myths. This Article argues that in these cases the law in action ultimately fails to meet international requirements.
7
FRIMAN, HÅKAN. "The International Criminal Court and Participation of Victims: A Third Party to the Proceedings?" Leiden Journal of International Law 22, no. 3 (September 2009): 485–500. http://dx.doi.org/10.1017/s0922156509990057.
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AbstractThe provisions of the ICC Statute allowing victims to participate in the criminal proceedings in their own right were a novel feature in international criminal proceedings. While representing a welcomed restorative element, victim participation has been a time and resource consuming issue for the ICC to handle. After a number of decisions concerning participation in the investigation and pre-trial phases of the process, the trial chamber in the Lubanga case and the Appeals Chamber have issued the first rulings with respect to victim participation at trial. This note addresses these decisions and controversial issues therein, such as the nexus between the victim and the crime charged and the victim's right to adduce and challenge evidence. One may now ask whether victims as ‘participants’ are in fact becoming ‘parties’ to the criminal proceedings.
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Dimyati, Khudzaifah, and Angkasa Angkasa. "Victimological Approaches to Crime of Rape in Indonesian Criminal Justice System." Hasanuddin Law Review 4, no. 3 (February 17, 2019): 366. http://dx.doi.org/10.20956/halrev.v4i3.1292.
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Neglect of rape victims in the Indonesian Criminal Justice System implicates at least two things; first, the victim does not receive legal protection, and second, the decisions of judges do not fulfill the sense of justice. Neglect of victims in the Criminal Justice System cannot be separated from the theory, doctrine and legislation, especially criminal law or the Penal Code, Criminal Procedure Code and the Corrections Act, which is oriented merely to the perpetrators (criminal oriented) instead of victims (victim oriented). Regarding the conditions above, this study was intended to provide a solution of the problems so that victims in the Criminal Justice System obtain legal protection and the decision of judges could fulfill the sense of justice.
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Puspitosari, Hervina, and Bintara Sura Priambada. "Victim Impact Statement Model in Criminal Justice System in Restorative Justice Perspective." SHS Web of Conferences 54 (2018): 07006. http://dx.doi.org/10.1051/shsconf/20185407006.
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Practice of restorative justice is the handling of criminal acts that are not only seen from the perspective of the law, but also related to moral, social, economic, religious and customary aspects. Local customs, as well as various other restorative considerations will deal with the perpetrators, victims, and stakeholders in the community, in collective problem solving, the purpose of which is to repair damage, restore the quality of relationships and facilitate the reintegration of the parties involved and related. This study uses research methods with a normative juridical research approach. Restorative Justice, namely the punishment imposed by the court is a punishment aimed at maximizing the condition of the victim as before the criminal incident befell the victim. The issue of justice and respect for human rights does not only apply to criminals but also victims of crime who must get a sense of justice so that the objective of the criminal justice system can be achieved with a sense of justice for the victims and perpetrators. It is very important to immediately make efforts to reform the criminal law that puts forward the substantial justice of victims and perpetrators.
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Wemmers, Jo-Anne. "Victims in the Dutch Criminal Justice System: The effects of Treatment on Victims’ Attitudes and Compliance." International Review of Victimology 3, no. 4 (January 1995): 323–41. http://dx.doi.org/10.1177/026975809500300405.
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The present study attempts to address the question of how victim notification influences the relationship between victims and the criminal justice system. It examines empirically the effects of victim notification on their satisfaction with the performance of the public prosecution, their feelings of obligation to obey the law and law-abiding behavior. It does so by reporting the results of a survey that was conducted as part of the evaluation of new measures to improve the position of victims within the criminal justice system, which are currently being introduced in the Netherlands. Procedures that allow the passive participation of victims in the criminal justice procedure are judged to be more fair than procedures which exclude victims. Moreover, how victims are treated by the prosecution has a significant impact on their subsequent attitudes towards authorities and their law abiding behaviour. Following a review of the literature concerning the impact of victim participation in the criminal justice system and a description of recent developments in the treatment of victims in the Dutch criminal procedure, the method and results of the present study are described. The paper closes with a discussion of the findings and their implications for victim policy.
11
Iliadis, Mary. "Victim representation for sexual history evidence in Ireland: A step towards or away from meeting victims’ procedural justice needs?" Criminology & Criminal Justice 20, no. 4 (May 20, 2019): 416–32. http://dx.doi.org/10.1177/1748895819851848.
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Sexual assault cases have historically resulted in persistent victim dissatisfaction with, and alienation from, the prosecution process. As a result, some adversarial jurisdictions have moved contentiously towards integrating victim participation rights within the legal process to address sexual assault victims’ procedural and substantive justice concerns. The introduction of section 34 of the Sex Offenders Act 2001 (IRE), which allows a victim to access state-funded legal representation to oppose a defendant’s application for the introduction of the victim’s sexual history evidence in court, is one such example. Drawing from five interviews conducted with high-level criminal justice professionals, legal stakeholders and victim support workers, and an analysis of primary source documents, including legislation and reports, this article argues that, although section 34 represents a unique response to the problems raised by the use of a victim’s sexual history evidence in criminal trials, its shortcomings may hinder its capacity to improve sexual assault victims’ procedural justice experiences in ways unanticipated from its introduction.
12
Spencer, John R. "Improving the Position of the Victim in English Criminal Procedure." Israel Law Review 31, no. 1-3 (1997): 286–99. http://dx.doi.org/10.1017/s0021223700015314.
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In this paper I shall try to do two things: first, for those who do not have a detailed knowledge of criminal procedure in England, I shall give a bird's-eye view of what the victim's legal position is today. Secondly, I shall examine the difficulties, theoretical and practical, which make it hard to give the victim the deal which many of those who claim to speak for victims believe they ought to have.In the last twenty years the victim, for long the “forgotten man” in the criminal justice system, has been rediscovered. Politicians of all parties have learnt that victims, and those who identify with them, have votes, and therefore need to be placated. Up to now, however, this has mainly been done by words rather than deeds.An example is the document rather grandly entitled “The Victim's Charter”, which the Government issued in 1990 (with a revised version in 1996). Contrary to what the title “Charter” might lead one to suppose, this document confers no rights or privileges, but merely lists the ways in which the various parts of the machinery of criminal justice ‘ought’ to be sensitive to the position of the victim.
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Hlynskaia, Natalia, Olha Shylo, and Olena Verkhoglyad-Herasimenko. "Problems of Implementing Standards for the Prevention of Secondary Victimization of Crime Victims in Ukrainian Criminal Procedure Legislation." Russian Journal of Criminology 14, no. 6 (December 30, 2020): 927–36. http://dx.doi.org/10.17150/2500-4255.2020.14(6).927-936.
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Criminal procedure standards of preventing secondary victimization are examined through the prism of European documents of advisory nature that contain a number of regulations that establish minimum standards of the rights of victims and the duties of the state to protect them. The authors prove a vital role that criminal procedure legislation plays in the general mechanism of preventing such a negative phenomenon as secondary victimization of a crime victim. Taking into consideration the etymological characteristics of the concept of «standard», the authors formulate a definition of standards for preventing secondary victimization of crime victims and determine their system. It consists of an aggregate of interconnected elements: the state’s compensation to a victim for damage caused by the crime; provision of access to justice for victims and the use of criminal proceedings that are unburdensome for the victims; provision of an opportunity for the victim to actively participate in criminal proceedings; provision of legal, psychological, medical and social help to the victim; guarantee of a right to safety for the victim and their family members; a system of extra guarantees of the rights and interests of vulnerable victims. The article also highlights key discrepancies between Ukrainian legislation and some of the above-mentioned standards and presents ideas on eliminating them. Specifically, the authors pay attention to the necessity of creating a Foundation for the protection of the rights of crime victims, whose main purpose would be the compensation of damages to the victims. As for the use of unburdensome criminal procedures, it is suggested that the Criminal Procedure Code of Ukraine should include a norm that states that the involvement of a victim in investigation activities that infringe on their rights and lawful interests should be kept to a minimum and should only be carried out when it is necessary for criminal proceedings. It is noted that normative regulation of the time frame for criminal proceedings at their specific stages should be regulated. Besides, there is a necessity for statutory determination of a general prohibition to disclose information on victims of certain types of crimes that would make it possible to identify the victim, etc.
14
Resick, Patricia A. "Psychological Effects of Victimization: Implications for the Criminal Justice System." Crime & Delinquency 33, no. 4 (October 1987): 468–78. http://dx.doi.org/10.1177/0011128787033004004.
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The purposes of this article are to review research on psychological reactions to criminal victimization, to consider how victims might be affected by participation in the criminal justice system, and to offer some recommendations for the treatment of victims and their families within the criminal justice system. Over the past ten years there have been a series of studies conducted to examine the long-term effects of rape victims. Recently a study was conducted to compare the reactions of robbery victims with rape victims and to compare female and male robbery victims. This article will review the findings from these longitudinal studies with particular attention to victim reactions that may affect or be affected by participation in criminal prosecution.
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Dinh, Thi Mai. "The Rights of Victims in Viet Nam." Asia-Pacific Journal on Human Rights and the Law 17, no. 1 (June 15, 2016): 70–87. http://dx.doi.org/10.1163/15718158-01701006.
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This article examines the rights of victims of crime in the Vietnamese criminal justice system. It aims to evaluate how crime victims are treated by looking at both legal regulations on crime victims’ rights protection and victims’ personal experiences of rights. This article will answer two questions: (i) what rights do crime victims have under Vietnamese Law; and (ii) how do they exercise their rights in practice? Data related to victims’ rights experiences is collected from 312 court judgments, three court observations, three victim interviews and three other interviews from 2008 to 2013. The research found that the Vietnamese criminal justice system provides weak legal protection of crime victims’ rights and victims’ rights that have tended to be neglected in criminal proceedings. The author proposes some suggestions to better amend the system of criminal procedure law and promote victims’ rights in practice.
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Purwati, Ani, Fifin Dwi Purwaningtyas, and Jumali Sapta Agung. "Rehabilitation and reintegration policies of children victims of criminal action in the Children's Criminal Jurisdiction System." Research, Society and Development 10, no. 1 (January 17, 2021): e32810111706. http://dx.doi.org/10.33448/rsd-v10i1.11706.
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This research examines the harmonization of statutory regulations and the application of law on child victim protection as an achievement of optimal independence for child victims during formal restorative justice and post-recovery. The research objectives and specific targets were (1) formulating the concept of rehabilitation and reintegration of child victims in the juvenile justice system; (2) establishment of SOP (Standard Operational Implementation) for law enforcement officers on the handling of child victims; (3) integrated networking institutions / legal aid institutions and psychological assistance for child victims; and (4) the formulation of juvenile justice teaching, restorative justice, legal and psychological approaches. The method used in this research is through a mix methodological approach between law and psychology with a conceptual approach and a statue approach to analyze the weaknesses of current legislation, such as centralized legal protection for child victims of the fulfillment of restorative judicial evidence (informal), but not yet. Integrated psychosocial and vocational rehabilitation programs for every victims. Apart from that, the child criminal law policy in Indonesia which implements restorative justice is still in the perspective of children in conflict with the law. The concept method of victim rehabilitation is implemented by rehabilitation programs in accordance with the principles of the Convention on the Rights of the Child (KHA).
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Ahmadi, Ahmad. "The Rights of Victim in the Iranian Code of Criminal Procedure Act 2013." Review of European Studies 8, no. 3 (August 4, 2016): 279. http://dx.doi.org/10.5539/res.v8n3p279.
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<p>This study investigates the rights of victim in the light of developments in the Code of Criminal Procedure 2013 in Iran. The victim as one of the pillars of the criminal phenomenon has found its actual and certain situation in criminal policy of communities. Criminal researchers have focused most of their efforts on elements such as crime, offenders, and penalties. But the victim of a crime or crimes often also plays a role in the crime, has been forgotten. With the advent of the knowledge of the victim in recent decades and highlighting human rights issues through the adoption of international and regional documents and regulations on offenders and victims, the ground for serious attention to the position of victims in national criminal justice systems has been provided. Therefore, moral and material support of victims like predicting the Compensation Fund, psychological and medical support are seen in the Iranian Code of Criminal Procedure Act of 2013. This study aims to explain the legal grounds supporting the victims and review and analyze the effects of the rights of this vulnerable group.</p>
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Pradhani, Sartika Intaning. "Diversity in the Child Criminal Justice System." JURNAL CITA HUKUM 5, no. 1 (June 17, 2017): 25–40. http://dx.doi.org/10.15408/jch.v5i1.6575.
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The Child Criminal Justice System in practice, the child as a victim of sexual violence does not always feel its justice being reversed because the diversion process involving the community, the police, the social department, and the parties concerned does not always have a victim's perspective. The absence of a victim's perspective in resolving the issue of sexual violence through diversities makes restorative justice incapable of restoring and fulfilling justice for child victims of sexual violence compared to the criminal justice system in general because diversity is unable to bridge the gap between the challenges faced by victims and the help available to victims. Legal protection of child victims of crime, especially crimes against morality, with child offenders under the Criminal Justice System which must prioritize the approach of Restorative Justice by guaranteeing the rights of child victims to the efforts of medical rehabilitation and social rehabilitation both inside and outside the institution; assurance of safety, whether physical, mental, or social; and ease in obtaining information about case development through diversion. Sistem Peradilan Pidana Anak pada praktiknya, anak sebagai korban kekerasan seksual tidak selalu merasakan keadilannya dikemalikan karena proses diversi yang melibatkan masyarakat, polisi, departemen sosial, dan para pihak terkait tidak selalu memiliki perspektif korban. Ketiadaan perspektif korban dalam penyelesaian permasalahan kekerasan seksual melalui diversi membuat keadilan restoratif tidak mampu mengembalikan dan memenuhi keadilan bagi anak korban kekerasan seksual dibandingkan dengan sistem peradilan pidana secara umum karena diversi tidak mampu untuk menjembatani jurang antara tantangan yang dihadapi oleh para korban dan pertolongan yang tersedia untuk para korban. Perlindungan hukum terhadap anak korban kejahatan, khususnya kejahatan terhadap kesusilaan, dengan pelaku anak menurut Sistem Peradilan Pidana Anak yang wajib mengutamakan pendekatan Keadilan Restoratif dengan memberikan jaminan hak anak korban terhadap upaya rehabilitasi medis dan rehabilitasi sosial, baik di dalam lembaga maupun di luar lembaga; jaminan keselamatan, baik fisik, mental, maupun sosial; dan kemudahan dalam mendapatkan informasi mengenai perkembangan perkara melalui diversi. DOI: 10.15408/jch.v5i1.6575
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Villacampa, Carolina, and Núria Torres. "Human trafficking for criminal exploitation: Effects suffered by victims in their passage through the criminal justice system." International Review of Victimology 25, no. 1 (April 2, 2018): 3–18. http://dx.doi.org/10.1177/0269758018766161.
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The victim-centred approach to human trafficking emphasises the protection of victims and respect for their rights. For this protection to be effective, victims must be treated as such in their passage through the criminal justice system, which can be complex with forms of trafficking that are still relatively unknown, such as trafficking for criminal exploitation. Based on 37 in-depth interviews with Spanish practising criminal justice and victim assistance services professionals, this paper analyses the effects that the failure to identify these types of victims has on them as they make their way through the criminal justice system, paying particular attention to the degree to which the aforementioned professionals recognise the principle of non-punishment.
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McGonigle Leyh, Brianne. "Victim-Oriented Measures at International Criminal Institutions: Participation and its Pitfalls." International Criminal Law Review 12, no. 3 (2012): 375–408. http://dx.doi.org/10.1163/157181212x648851.
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International criminal courts were created to address issues of impunity for the gravest of crimes, and undoubtedly victims are meant to be the direct beneficiaries of the justice process. Traditionally, however, victims have not always featured prominently in international criminal trials. In response to this perceived oversight, victims have been provided broad rights at the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the International Criminal Court (ICC). After addressing the theoretical underpinnings of criminal justice and the development of the procedural role of the victim in domestic criminal jurisdictions and international human rights discourse, this article will examine the rights of victims at the ECCC and ICC and explore what challenges arise when victims are afforded a greater role in the international criminal process. To structure the analysis, the framework will focus on two central concepts, namely the unique characteristics of international criminal proceedings and human rights standards.
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Boateng, Francis D., and Gassan Abess. "Victims’ role in the criminal justice system." International Journal of Police Science & Management 19, no. 4 (September 18, 2017): 221–28. http://dx.doi.org/10.1177/1461355717730834.
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In theory, crime victims have several rights and privileges—ranging from the rights to be heard to the right to confer with the prosecution. However, they are still considered as the forgotten individuals in the system because of underlying issues associated with the implementation of victims’ rights laws. Today, most states do not have any effective mechanisms of implementing legislation guaranteeing the rights of victims. The primary purpose of this article is to offer a comparative assessment of victims’ rights legislation in USA and to discuss some of the issues inherent in the implementation of these laws. Issues such as the lack of professional knowledge, the lack of enforcement mechanisms, strict eligibility criteria for compensation, varying definitions of victim across jurisdictions, and the limited scope of most crime victim legislation are discussed. The article also discusses ways to address the issues identified.
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Booth, Tracey. "Victim participation rights: victims across criminal justice systems." Current Issues in Criminal Justice 31, no. 4 (October 2, 2019): 525–27. http://dx.doi.org/10.1080/10345329.2019.1684180.
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Abdullah, Rahmat Hi. "Tinjauan Viktimologis Terhadap Tindak Pidana Perdagangan Orang (Human Trafficking)." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 22, no. 01 (October 30, 2019): 55–63. http://dx.doi.org/10.24123/yustika.v22i01.1958.
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Victims are an important element in the continuation of legal evidence as a victim witness or reporter. As is the case with the problem of human trafficking crime. Victimology with its various kinds of views extends the criminal etiological theories needed to understand the existence of crime as a better structural and non-structural victimization. besides the views in viktimology encourage people to pay attention and serve each party who can be victims of mental, physical, and social. From the explanation of the victim's typology and the factors that led to the crime of trafficking in persons, it was concluded that there were three types of victims of trafficking in persons, namely Latend or Prodisposed Victims who were economic contributors. Participating Victims were victims who because the cause is a low education factor, and False Victims which is being a victim because the cause is a consumptive behavior factor.
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Moffett, Luke. "The Role of Victims in the International Criminal Tribunals of the Second World War." International Criminal Law Review 12, no. 2 (2012): 245–70. http://dx.doi.org/10.1163/157181212x634153.
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This article, drawing from historical research of the practice and judgements of the Nuremberg and Tokyo tribunals, analyses the role of victims within the founding international criminal tribunals of the Second World War. While some commentators have decried the absence of victims at Nuremberg and Tokyo, numerous victim-witnesses testified before these tribunals. However, the outcome of these tribunals has been disappointing to victims who still seek justice over sixty-five years later. This article considers the implications of the Nuremberg and Tokyo tribunals not providing justice to victims and how this has impacted on their legacy. Although these tribunals are neglected in contemporary discussions of victim provisions in modern international criminal justice mechanisms, they can still provide some important lessons for modern international criminal justice mechanisms, such as the International Criminal Court, to learn from.
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Khamala, Charles A. "External and internal common legal representation of victims at the International Criminal Court: Beyond the ‘Kenyan trial approach’." African Yearbook on International Humanitarian Law 2020 (2020): 159–91. http://dx.doi.org/10.47348/ayih/2020/a6.
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The International Criminal Court (ICC) is primarily mandated to punish persons bearing the greatest responsibility for the worst crimes known to mankind. Additionally, its victim reparations are contingent on conviction; because of this, the Rome Statute’s retributive goal is compounded with the inquisitorial function of seeking the truth by realising the victim’s entitlement to participate at appropriate stages throughout the proceedings. However, the suspect’s due process rights must remain protected. While the Court balances these procedural functions, victims’ representatives determine which victims are members of the appropriate constituency. This paper’s theoretical framework shows how victims are vulnerable to their representative’s claims. Therefore, the question arises as to whether external or internal legal representation will be more effective for victims. This determines how victims’ voices may best be elicited. Some victimologists contend that the exclusion of an external Common Legal Representative (CLR) in the search of mass atrocity solutions promotes merely symbolic, rather than meaningful, victim participation in ICC proceedings. The Court insists on external CLRs because of their local knowledge. Others emphasise the proximity of the Office of the Public Counsel for Victims (OPCV) to judges as providing access to justice at The Hague. Crucially, by requiring the OPCV to interface between the external CLR and the Chamber in day-to-day proceedings, the ‘Kenyan trial approach’ has made victims’ participation more meaningful. Yet, following the Ruto and Sang case, the ICC faces challenges when confronted with diverse modalities of implementing reparations for multiple victims. In the Palestine situation, claims seeking to promote victims’ interests required victim empowerment, including strengthening appropriate victim constituencies through outreach to enable them to articulate disagreements with their representatives. In the Ongwen case, a broad interpretation gave victims’ voices enhanced agency over the defence. Recently, in Ntaganda’s case, the Court directed the Registry to liaise not only with the CLRs but also with the Trust Fund for Victims for appropriate outreach and communication with victims.
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Hryniewicz-Lach, Elżbieta. "Society seen as a victim — how it may affect criminal law." Nowa Kodyfikacja Prawa Karnego 52 (December 13, 2019): 83–106. http://dx.doi.org/10.19195/2084-5065.52.6.
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Crimes committed against individual victims quite often affect the whole of society or a certain community as well. Therefore society should be seen as a relevant subject on the victim’s side, and not only as a potential offender or a neutral third party providing certain services for individual victims. Regarding society as a kind of a victim enables us to see crime and criminal reaction in a broader context going beyond the interests of individuals and creating a counterweight to them. For this reason it is important to see in which way society can be victimised, what are its preventive and compensatory interests and how they can be satisfied with the instruments of criminal law.
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Davies, Rhiannon, and Lorana Bartels. "Challenges of Effective Communication in the Criminal Justice Process: Findings from Interviews with Victims of Sexual Offences in Australia." Laws 9, no. 4 (December 6, 2020): 31. http://dx.doi.org/10.3390/laws9040031.
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This article focuses on gendered experiences of the criminal justice system, specifically the experiences of adult female victims of sexual offending and the communication difficulties they experience during the criminal justice process. Drawing on the findings from qualitative interviews about sentencing with six victims and 15 justice professionals in Australia, we compare the lived experiences of the victims with the perceptions of the justice professionals who work with them, revealing a significant gap between the information justice professionals believe they are providing and the information victims recall receiving. We then analyse the international literature to distil effective communication strategies, with the goal of improving victims’ experiences of the criminal justice system as a whole. Specifically, we recommend verbal communication skills training for justice professionals who work with victims of crime and the development of visual flowcharts to help victims better understand the criminal justice process. We also recommend that Australian victims’ rights regimes be reformed to place the responsibility for providing information about the criminal process on the relevant justice agencies, rather than requiring the victim to seek this information, and suggest piloting automated notification systems to help agencies fulfil their obligations to provide victims with such information.
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Yesmen, Nelufer. "Nature of Crime Victims in Bangladesh." Asian Journal of Humanity, Art and Literature 6, no. 2 (December 31, 2019): 147–52. http://dx.doi.org/10.18034/ajhal.v6i2.359.
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The study focused on realizing the condition of crime victim and it is a tearing problem in Bangladesh. Police are the principal delegates of the criminal justice system local jurisdictions across the country face significant challenges in criminal justice. The particular sorts of crime and criminal justice problems that local governments face change extensively the nation over. To observe the nature of crime victimization in Bangladesh and try to find out the factors and their legal appreciations is the objectives of this study. In addition, secondary method and data is used for fulfillment of the study. There are some factors increase the visibility of victims i.e. role of media, the higher public profile etc. The victim is weak in relation to the offender – the ‘ideal victim’ is likely to be a female, sick, very old or very young and victim is blameless for what happened. Victims suffer from trauma resulted from the crime. Legal appreciation of victims’ right is, the Code of Criminal Procedure 1898, Section 545 (1 & 2) and section 546 recognized the right of compensation, but the opportunity was hardly available.
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Miers. "Victims, Criminal Justice and State Compensation." Societies 9, no. 2 (April 24, 2019): 29. http://dx.doi.org/10.3390/soc9020029.
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This article examines one element of the state’s responses to crime: the provision of a taxpayer-funded compensation scheme for victims of personal and sexual violence. The Criminal Injuries Compensation Scheme 2012 sits within a political context that seeks to ensure that victims of crime are better served by the criminal justice system of England and Wales, the jurisdiction that is the focus of this article. The government’s fundamental policy is that this scheme exists to compensate only those victims who are ‘blameless’, either in terms of their character, criminal record, conduct at the time of the incident, or in their engagement with the criminal justice agencies. It is a policy that illuminates elements of two of the questions that the editors posed for this Special Issue of Societies. Reviewing the increased urgency in government policies concerning the treatment of victims of crime, the first section addresses the question of how, why and when victims came to shape political and criminal justice discourse and practice. The question of how, and to what end, cultural representations have shaped perceptions of victims is addressed in the second and third sections, which examine the notion of victim status and illustrate the ways in which eligible (‘ideal’) victims are perceived and their claims under this scheme are determined.
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Wemmers, Jo-Anne. "Victims’ rights are human rights: The importance of recognizing victims as persons." Temida 15, no. 2 (2012): 71–83. http://dx.doi.org/10.2298/tem1202071w.
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In this paper the author argues that victims? rights are human rights. Criminal law typically views victims as witnesses to a crime against the state, thus shutting them out of the criminal justice process and only allowing them in when they are needed to testify. This is a major source of dissatisfaction for victims who seek validation in the criminal justice system. Victims are persons with rights and privileges. Crimes constitute violations of their rights as well as acts against society or the state. While human rights instruments, such as the Universal Declaration of Human Rights, do not mention crime victims specifically, a number of rights are identified, which can be viewed from the victim?s perspective. As individuals with dignity, victims have the right to recognition as persons before the law. However, such rights are only meaningful if they can be enforced.
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Suwito, Edy, and Mulyadi Aribowo. "PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PEMERKOSAAN DALAM PERADILAN PIDANA." MIZAN, Jurnal Ilmu Hukum 8, no. 1 (June 24, 2019): 27. http://dx.doi.org/10.32503/mizan.v8i1.496.
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This study aims to determine the extent to which legal protection and obstacles faced against the victims of rape in criminal justice in Blitar district court. The context of legal protection against victims of crime (criminal act of rape) is by preventive or repressive efforts conducted by both society and law enforcement officers such as providing protection from various threats that can endanger the life of the victim.
The research used is juridical normative and juridical empirical research. Research location in Blitar District Court. The materials used in literature study are data collection through literature study, and field research involves interviewing informant.
Based on the result of the research, the researcher got the answer that, the legal protection against the victims of criminal act of rape in criminal court in Blitar state court still caused many difficulties in settling either at the investigation stage until the victim was present in the court, because the psychic pressure in victims questioned. This of course affects the mental / psychological development of the victims and also affects the law enforcement process itself to bring about a sense of justice for victims and society.
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Davis, Robert C., Bruce Taylor, and Arthur J. Lurigio. "Adjusting to Criminal Victimization: The Correlates of Postcrime Distress." Violence and Victims 11, no. 1 (January 1996): 21–38. http://dx.doi.org/10.1891/0886-6708.11.1.21.
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This article explores the correlates of immediate and short-term psychological distress among victims of burglary, robbery, and nonsexual assault. A panel design was employed. Crime victims were interviewed within 1 month following the incident and again 3 months later. Four sets of predictors were examined: demographics, previctimization adjustment and stress, features of the crime incident, and victims’ perceptions. Measures of distress included a range of standard indices of adjustment and symptomatology. Demographic characteristics and victim perceptions accounted for the greatest proportions of variance in the outcome measures at Time 1 and Tune 2. The strongest predictors of psychological adjustment at the end of 3 months included adjustment after 1 month, education, victim injury, victims’ beliefs that their lives had been endangered during the crime episode, and victims’ appraisals of the world as meaningful. Implications for treatment and directions for future studies are discussed.
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Goodrum, Sarah. "Bridging the Gap Between Prosecutors' Cases and Victims' Biographies in the Criminal Justice System Through Shared Emotions." Law & Social Inquiry 38, no. 02 (2013): 257–87. http://dx.doi.org/10.1111/lsi.12020.
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Research on victims' encounters with prosecutors suggests that victims' rights have had a limited effect on victims' satisfaction with the criminal justice system. This study examines the victim-prosecutor relationship with a focus on people who have lost a loved one to murder. The emotional tone dimension of Carol Heimer's case versus biography analysis proves helpful for explaining the gaps between prosecutors' responsibilities and victims' expectations. The data come from in-depth interviews with thirty-five participants, including twenty victims, three crime victims' advocates, and twelve criminal court professionals in Union County (pseudonym). The findings indicate that shared emotions (e.g., sadness, anger) represent a key mechanism for (1) connecting victims to prosecutors (and individuals to organizations) and (2) improving victims' experiences with the criminal justice system. Although victims' rights do not guarantee the opportunity for shared emotions, prosecutors often honored victims' desire for a close relationship and considered their input on case decisions.
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Moffett, Luke. "Victim personal statements in managing victims’ voices in sentencing in Northern Ireland: taking a more procedural justice approach." Northern Ireland Legal Quarterly 68, no. 4 (December 21, 2017): 555–76. http://dx.doi.org/10.53386/nilq.v68i4.64.
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Victim personal statements (VPS) have been introduced in a number of common law criminal justice systems. Although they have been espoused as important in ensuring victims’ ‘voices’ are ‘heard’ in sentencing, this article examines the extent of improving victim satisfaction and procedural justice in Northern Ireland. In light of increasing juridification of victim participation through the VPS by the EU and the English Court of Appeal, its impact on sentencing has received mixed views amongst victims, intermediaries and legal practitioners. Drawing from 24 interviews with judges, lawyers and intermediaries, this article finds that greater attention should be paid to vulnerable victims’ inclusion and that judges should better articulate the impact the VPS has on sentencing and the significance of such statements in acknowledging the victim’s experience, rather than engendering harsher sentences.
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Kharlamov, Valentin. "Criminal Law Interpretation of Victimization Aspect of Domestic Violence." Journal of Russian Law 4, no. 4 (April 11, 2016): 0. http://dx.doi.org/10.12737/18694.
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The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.
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Ellison, Louise, and Vanessa E. Munro. "Taking trauma seriously." International Journal of Evidence & Proof 21, no. 3 (October 4, 2016): 183–208. http://dx.doi.org/10.1177/1365712716655168.
Full textAbstract:
Over the last two decades successive governments in England and Wales have stated a commitment to placing victims of crime at the heart of the criminal justice agenda. A raft of polices and reforming measures have been introduced with the declared aim of improving the experience and treatment of victims within the criminal process. Despite these developments, the government has recently conceded that the criminal justice process has continued to fall short—whether in relation to helping victims to recover in the aftermath of a crime or supporting them through the stresses of investigation and trial. In this article we argue that applying a trauma-informed lens to evaluate victim-centred initiatives helps to explain the failure of victim policy in England and Wales to fully deliver on its promise. We highlight the barriers that experiences of trauma can present to effective victim participation and the extent to which current trial processes are often liable to exacerbate rather than ameliorate trauma amongst a broad constituency of victims.
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Baumgartner, Elisabeth. "Aspects of victim participation in the proceedings of the International Criminal Court." International Review of the Red Cross 90, no. 870 (June 2008): 409–40. http://dx.doi.org/10.1017/s1816383108000386.
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AbstractThe participation of victims in criminal proceedings is generally a rather new phenomenon. While there is a certain tradition of victim participation as “partie civile” in the criminal proceedings of some national jurisdictions, it is a novelty in international criminal trials. The drafters of the International Criminal Court (ICC) Statute chose to design a rather broad victim participation scheme. Although it is hailed as an important and effective instrument for giving victims of gross violations of human rights and international humanitarian law a voice, the procedural and substantive details are far from being settled. Some of the most significant issues are discussed in this article, including the question whether and how victim participation may influence sentencing and punishment.
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Skulic, Milan. "Possibilities for improvement of the position of victims of trafficking in people within criminal procedure." Temida 5, no. 2 (2002): 5–17. http://dx.doi.org/10.2298/tem0202005s.
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In this paper main possibilities for improvement of the position of victims of trafficking in people within criminal procedure are discussed. The special focus of the analysis is on the issues regarding theoretical base for improvement of the position of victim in criminal procedure. Also, the analysis of international documents related to the protection of victims within criminal procedure, review of laws which allow for organized crime to be proved easier and of legal possibilities (within Yugoslav and comparative law) for prevention of secondary victimization, i.e. for protection of victims, is done.
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Vahedi, Hassan. "Fair Treatment of the Victim in the Code of Criminal Procedure." International Law Research 7, no. 1 (October 30, 2018): 260. http://dx.doi.org/10.5539/ilr.v7n1p260.
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Criminal justice institution undertakes the duty to investigate about legal cases and complaints, to issue the judgment and to enforce it on time through proper hearing and without any dely. Such actions can play an effective role in reducing the possibility of delinquency and victimization. As an essential element of procedure, victimization has not succeeded to recover its real right. Many criminologists have focused their researches on victims to solve the riddle of victimization and etiology of crimes. Criminologists also intended to assess victims’ roles and shares in the process of crime commission. In addition, they intend to amend criminal provisions based on a victim-based approach to protect the victims through establishing new criminal institutions. Because of this, criminal justice system will change due to the effects of revolutions of victimization considered as the central core. This has led to an increase in paying attention to the victim’s needs and rights in criminal system. The necessity of protecting the victim has not yet been recognized in Iranian statutes. This issue has not a place in criminology researches in Iran. However, we can observe the existing shortages in the area of protecting the victim and their status in Procedure Code through studying the victim’s role. The author of the present article has studied the necessity of establishing special institutions to fill the existing gaps considered by Iranian legislator in New Criminal Procedure Code 2013. The author has also dealt with the protection of victims based on literature review, library search and related sources.
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Rosenbaum, Dennis P. "Coping with Victimization: The Effects of Police Intervention on Victims' Psychological Readjustment." Crime & Delinquency 33, no. 4 (October 1987): 502–19. http://dx.doi.org/10.1177/0011128787033004007.
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Beginning with the premise that police-victim interactions shortly after victimization mediate the psychological impact of criminal victimization, the Detroit Victims Experiment was designed to test the notions that (a) new police officers could be sensitized to the psychological needs of victims, and (b) this sensitivity would ameliorate the severity of the victims' stress reactions, facilitate readjustment, and improve the prospects of cooperation with the criminal justice system. In a randomized experimental design, police recruits who received the victim-focused training reported significantly more favorable attitudes, perceptions, and behavioral intentions vis-à-vis victims than did the control group. However, victims were largely unaffected by this police intervention across a wide range of outcome measures. Implications for crisis theory and policy are discussed.
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Azumah, Francess Dufie, John Onzaberigu Nachinaab, Samuel Krampah, and Pius Nzeh Ayim. "Determinants of Target Victim Selection: A Case Study of Criminals from Gambaga Prisons." Journal of Victimology and Victim Justice 3, no. 1 (April 2020): 93–112. http://dx.doi.org/10.1177/2516606920927258.
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The study was conducted to explore the determinants of target victim selection by criminals, mode of operations adopted by criminals and the factors considered in the selection of victims by criminals. The study adopted a qualitative approach where simple random and purposively sampling techniques were used to select a sample size of 50 inmates in the Gambaga prisons. Interview guide was the main tool used for the data collection for this study. The study found that victimization influences criminal intentions and behaviour of an individual. The inmates noted that they like to attack victims in isolation and in dark places, especially at night. The study further found that criminals operated in gangs, in areas with darkness and in the night using caps and tattered dresses that anonymized them. They also used fear to traumatize their victims, monitor their victims, as well as operated with guns and knives and under special requests of other individuals in society.
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Elin, Cang. "Analisis Yuridis Efektivitas Penerapan Undang-Undang Nomor 31 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban dalam Proses Pemeriksaan Perkara Pidana di Kota Batam." Journal of Law and Policy Transformation 5, no. 2 (December 10, 2020): 14–28. http://dx.doi.org/10.37253/jlpt.v5i2.1277.
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Witness is a person who sees, hears, and directly experiences the occurrence of a criminal act. The information conveyed by the witness can assist the investigation process to the court to reveal the actual criminal suspect. Meanwhile, victim is a person experiencing the occurrence of a criminal act that causes harm materially or physically. This study uses empirical research methods which in this study the writer used research from primary data.The results of this study are witnesses and victims have priority in their statements during the investigation process of criminal cases both at the investigation stage and the court investigation stage. The implementation of protection as in the Act on Witness and Victim Protection in Batam City has not been fully effective because there are several rights of witnesses and/or victims that cannot be fulfilled by the Police since there are no special authority and special budget to provide protection for witnesses and/or victims in criminal cases in Batam city.
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Copic, Sanja. "Crime victims in the criminal justice system." Temida 6, no. 1 (2003): 19–35. http://dx.doi.org/10.2298/tem0301019c.
Full textAbstract:
Negative social reaction and inadequate reaction of the agencies of the formal control on the primary victimization is leading to the so called secondary victimization that can be a source of trauma and frustration as much as the primary victimization. Due to that, relation of the police and the judiciary towards the crime victims is of a great importance regarding victims? willingness to report the victimization, their confidence in these agencies, and cooperation during clearing up the crime. In order to realize the victim?s position in the criminal justice system, this paper contains an overview of how the police, prosecutor?s office and courts are functioning. The paper is based on the interviews made with the representatives of these state agencies, as well as on the previous knowledge and realized surveys concerning this topic. The aim of the paper is to emphasize the position and the role of the victim support service in the system of the state intervention, based upon the obtained data, as well as to give some basic information on how victims could report the crime, what are their rights and duties, what can they expect from the competent agencies.
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Sokovic, Snezana. "Victims and contemporary tendencies in crime control." Temida 17, no. 1 (2014): 5–28. http://dx.doi.org/10.2298/tem1401005s.
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Victimological dimension of new criminality forms is a specific challenge for contemporary criminal law systems; new time brings new forms of criminality, new victims, but also new ways and opportunities for more efficient protection of victims. At the same time with review and improvement of existing standards of victims` protection, contemporary criminality control systems show strong tendency toward compromising the general position of the victim. Victim?s interests are being instrumentalized because of the justification of changes in criminality control in the direction of significant strengthening of criminal law repression. The crime which is emotionalized with the affective media presentation of the victim justifies stricter penal policy and provides the populist support for repressive criminality control strategies and criminal law expansionism. The aim of the paper is the analysis of the mechanisms of victim ?use? in contemporary criminality control and the examination of its consequences, with special review on domestic circumstances through analysis of the Code on special measures for prevention of crimes against sexual freedom towards juveniles (Marija`s Code).
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Sheveleva, S. V. "LEGAL FIXING OF CRIMINAL CONCUSSION IN CRIMINAL LEGISLATION." Proceedings of the Southwest State University 21, no. 1 (February 28, 2017): 171–76. http://dx.doi.org/10.21869/2223-1560-2017-21-1-171-176.
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Criminal legislation concussion has various fixing forms: as a circumstance excluding crime act, as a punishment sign, as a crime sign of separate crime components. There are two types of concussion: concussion by circumstances and concussion by actions. The last always is done by a person. And it can be called criminal concussion. Such impact on other person as violence or threat, including threat of murder or causing heavy harm to health, mockeries and tortures is in the Criminal Code of the Russian Federation; destruction, damage or withdrawal of someone else's property or these actions threat; blackmail; use of material or other victim dependence; threat of data discrediting distribution or other data which can do essential harm to victim rights or legitimate his/her (his/her relatives) interests; bribery; persuasion; promises; deception or abuse of confidence; compulsion. The distinctive characteristic of such pressure is that criminals choos behavior seeking to avoid adverse consequences. It is possible to say that criminal concussion in criminal legislation can be fixed in such forms as threats, blackmail and violence. Persuasion, deception, deception or abuse of confidence aren’t forms of criminal concussion because victims' free will isn't limited.
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Arifi, Besa. "Categorization of crime victims: comparing theory and legislation." Temida 19, no. 3-4 (2016): 493–515. http://dx.doi.org/10.2298/tem1604493a.
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This article aims to analyze the categorization of victims by several victimological schools and to compare that to the categorization in the Criminal Procedure Code of Macedonia (CPC). The first part of this article analyzes different theoretical categories of victims, taking into consideration approaches of representatives of positivist, conservative, radical and critical victimology. A parallel is drawn between theoretical and legislative categorization of victims. Many countries have reformed their criminal legislation providing certain rights to the victim of crime. The second part of the article discusses the categorization of the victims within the CPC of Macedonia. Categorization of the victims is linked to their separate rights guaranteed by law. The article draws certain conclusions and recommendations regarding the categorization of victims and their specific rights. The importance of effective implementation of the guaranteed rights for the victim is especially emphasized.
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Kenedi, John. "Constitutional Protection For Crime Victims And Witnesses In Indonesia And Its Problems." MIMBAR : Jurnal Sosial dan Pembangunan 36, no. 1 (June 28, 2020): 53–62. http://dx.doi.org/10.29313/mimbar.v36i1.5084.
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The constitutional protections toward crime witnesses in Indonesia are indisputably inevitable. As an effort to uphold justice, Indonesia relies on the formal mechanism of criminal law known as the criminal justice system. The system starts from reports by the police, prosecution by the prosecutor, to the stage of a trial in a court, and execution in a prison. Throughout its development, the criminal justice system seemed to focus more on protecting criminal offenses (criminal oriented) rather than paying attention to the rights of witnesses and victims (witness and victim-oriented). Therefore, the studies that concern the rights of witnesses and victims are highly needed in order to figure out ways to balance the treatment between the suspects/defendants and the witnesses and victims. Through the use of the statue approach and conceptual approach, the positions and the rights of legal protection for witnesses and victims are thoroughly captured and described in this current research. Besides, the factors causing uneven attention and unfair treatment toward crime victims are also specifically identified.
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Sebba, Leslie. "Victimhood, Dignity, and the Criminal Justice System: A Comment." Israel Law Review 44, no. 1-2 (2011): 301–13. http://dx.doi.org/10.1017/s0021223700001059.
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While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.
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Fenwick, Helen. "Charge Bargaining and Sentence Discount: The Victim's Perspective." International Review of Victimology 5, no. 1 (September 1997): 23–36. http://dx.doi.org/10.1177/026975809700500102.
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This paper draws attention to the interests of the victim in the criminal justice system in relation to the use of charge bargaining and the sentence discount in UK law. The paper argues that debate in this area tends to assume that these practices, particularly use of the graded sentence discount, are in harmony with the needs of crime control and with the interests of victims, but that they may infringe due process rights. Debate tends to concentrate on the due process implications of such practices, while the ready association of victims' interests with those of crime control tends to preclude consideration of a distinctive victim's perspective. This paper therefore seeks to identify the impact of charge bargaining and the sentence discount on victims in order to identify a particular victim's perspective. It goes on to evaluate measures which would afford it expression including the introduction of victim consultation and participation in charge bargains and discount decisions as proposed under the 1996 Victim's Charter. It will be argued, however, that while this possibility has value, victims' interests might be more clearly served by limiting or abandoning the use of these practices.
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Van Dijk, Jan. "Free the Victim: A Critique of the Western Conception of Victimhood." International Review of Victimology 16, no. 1 (May 2009): 1–33. http://dx.doi.org/10.1177/026975800901600101.
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In Western languages those affected by crime are universally labelled as ‘victims’, meaning the sacrificed ones. According to the author this practice seems to originate from the association of the plight of victims with the suffering of Jesus Christ. In his view, the victim label, although eliciting compassion for victims, assigns to them a social role of passivity and forgiveness that they may increasingly find to be restraining. He analyses the narratives of eleven high-profile victims such as Natascha Kampusch, the couple McCann and Reemtsma to illustrate this thesis. The article continues with a critical review of biases deriving from the unreflexive adoption of the victim label in various schools of thought in victimology and criminal law. Finally, the author argues for the introduction of stronger procedural rights for crime victims in criminal trials and for a new focus within victimology on processes of victim labelling.