NCJ Number
208316
Journal
British Journal of Criminology Volume: 44 Issue: 6 Dated: November 2004 Pages: 967-982
Date Published
November 2004
Length
16 pages
Annotation
After profiling four participatory roles for victims in criminal justice decisionmaking, this paper discusses the Victim Personal Statement Scheme, a recent reform in England and Wales, in order to illustrate the ambiguity that can occur in a victim's participatory role when governments are not sufficiently attentive to issues related to rationales for victim involvement.
Abstract
The author proposes two types of victim participation, dispositive and nondispositive, with four corresponding forms of participation within these categories. The dispositive type of victim participation gives the victim a high degree of control in criminal justice decisionmaking, which means that the criminal justice decisionmaker seeks and applies victim preferences, and the victim has the obligation to make decisions bearing upon the case. Under the nondispositive types of victim participation, the criminal justice decisionmaker consults with the victim to determine the victim's preference, seeks and considers victim information, and allows the victim to express personal preferences. The victim has the option of expressing preferences regarding case decisions, may be required to supply information about the case, and has the option of expressing feelings about issues in the case that relate to decisions being made. In analyzing the Victim Personal Statement Scheme, the author views it as an example of the uneasy relationship between the criminal justice decisionmaker and the victim. Under this scheme, a crime victim is entitled to make a Victim Personal Statement (VPS), which explains in the victim's own words how the crime has affected him/her. An assessment of the use of the VPS found confusion about its purpose among victims and criminal justice decisionmakers. Whereas many victims viewed the VPS as a means for them to influence case decisions, criminal justice decisionmakers tended to view the VPS as more of a therapeutic expression that was unrelated to case decisions. 2 figures and 51 references