NCJ Number
61331
Journal
DELIKT EN DELINKWENT Volume: 7 Issue: 9 Dated: (NOVEMBER 1977) Pages: 616-625
Date Published
1977
Length
10 pages
Annotation
THE EXTENT OF CRIME VICTIM PARTICIPATION IN THE DUTCH CRIMINAL JUSTICE PROCESS AND THE DEGREE TO WHICH OFFICIALS OF THE JUSTICE SYSTEM CONSIDER THE VICTIM'S POSITION IN THEIR DECISIONS ARE EXPLORED.
Abstract
IN ABOUT 90 PERCENT OF THE CASES, THE CRIMINAL JUSTICE SYSTEM IS USUALLY SET IN ACTION BY THE REPORT OF AN OFFENSE TO THE POLICE BY THE VICTIM. DARK-FIGURE AND VICTIMIZATION STUDIES INDICATE THAT VICTIMS DO NOT REPORT OFFENSES IF THEY DO NOT REGARD THEM AS SERIOUS OR IF THEY DOUBT THE CHANCES OF A SUCCESSFUL POLICE INVESTIGATION OR OF ANY POLICE ACTION. THE DEGREE OF INTEGRATION OF THE VICTIM IN THE COMMUNITY ALSO APPEARS TO PLAY A ROLE IN REPORTING BEHAVIOR. AT THE NEXT STAGE, THE POLICE MUST DECIDE WHICH OF THE INCIDENTS REPORTED TO THEM ARE ACTUALLY CRIMINAL OFFENSES. POLICE ONLY FILE AN OFFICIAL REPORT IN 40 TO 50 PERCENT OF THE CASES REPORTED TO THEM. POLICE ARE MOST LIKELY TO MAKE REPORTS WHEN THE OFFENSE IS REPORTED BY THE VICTIM IN PERSON OR IN WRITING RATHER THAN BY TELEPHONE. FREQUENTLY VICTIMS HAVE NO IDEA WHETHER THE OFFENSE IS OFFICIALLY REPORTED OR NOT. NEXT, THE PUBLIC PROSECUTOR INITIATES CRIMINAL ACTION AGAINST THE OFFENDER. COMPENSATION OF THE VICTIM CAN BE ONE OF THE CONDITIONS OF THE ACTION, BUT THIS POSSIBILITY IS RARELY USED. THE VICTIM MAY APPEAL THE PROSECUTOR'S DECISION TO HALT A PROSECUTION, BUT THIS IS UNUSUAL. THE POSSIBILITIES FOR PROSECUTION ARE DIRECTLY RELATED TO THE 'INNOCENCE' OF THE VICTIM, THE NATURE OF THE RELATIONSHIP BETWEEN VICTIM AND OFFENDER, THE HELPLESSNESS OF THE VICTIM, AND THE ATTITUDE OF THE POLICE AND THE JUDGE TOWARD THE VICTIM. THE VICTIM ONLY PLAYS A ROLE IN RECONSTRUCTION OF THE CRIME. HIS OR HER SUFFERING IS NOT CONSIDERED; VICTIM COMPENSATION IS SELDOM IMPOSED IN CONDITIONAL PROBATION, AND RESTITUTION IS ONLY POSSIBLE FOR MATERIAL DAMAGES. WHILE ATTENTION HAS BEEN DEVOTED TO VICTIM ASSISTANCE, THE NEED FOR PARTICIPATION OF THE VICTIM IN THE JUDICIAL PROCESS HAS BEEN DISREGARDED. IT IS THUS ESSENTIAL THAT PROCEDURES BE ALTERED TO BRING VICTIMS BACK INTO THE JUDICIAL PROCESS AS ACTIVE PARTICIPANTS AND THAT VICTIMS BE REGULARLY KEPT ABREAST OF THE STATUS OF LEGAL PROCEEDINGS. NOTES ARE SUPPLIED.