NCJ Number
147104
Journal
British Journal of Criminology Delinquency and Deviant Social Behaviour Volume: 34 Issue: 1 Dated: (Winter 1994) Pages: 15-29
Date Published
1994
Length
15 pages
Annotation
Based on a study of 93 assault victims in England, this article critiques models for the criminalization of assault.
Abstract
The researchers gained access to 93 assault victims in autumn 1990 and spring 1991 through the Accident and Emergency Department of the Bristol Royal Infirmary. In interviews with each victim, the researchers discussed the circumstances of their assault, their attitude toward criminalization, and their reflections on what happened to them and its implications in the long term. If the assault had been reported to the police and recorded by them, the researchers interviewed the officer primarily involved in the case. Where prosecution followed, the researchers observed all court proceedings. Of the 93 cases, 22 ended in a conviction. The main "dropout" points were through failure to inform the police of the assault (19 cases), no formal "complaint" in cases where the assault was reported to the police (20 cases), and failure of the police to identify the assailant or obtain sufficient evidence against them (16 cases). There was also a significant failure rate later in the process at the point when cases were brought to court. This arose primarily through victims' failure to sustain a commitment to the prosecution process (six cases). The authors argue that when it comes to determining the police response to reported assaults, victim attitude is the first consideration, largely overriding that of offense seriousness. The "offense against society" model of criminal justice does not reflect this empirical evidence. An alternative model would be one that views both the form and outcome of court proceedings as addressing the harm done to the individual victim. 17 references