Measures to Protect Victims of Crime and the Abuse of Power in the Criminal Justice Process (From Resource Material Series No. 70, P 92-106, 2006, Simon Cornell, ed. -- See NCJ-219628)

• NCJ Number: 219633
• Author(s): Pedro R. David
• Date Published: November 2006
• Length: 15 pages
• Sale Source: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Publication Format: Book Chapter
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Japan

Annotation

This article describes international measures to protect victims of crime and the abuse of power in the criminal justice process.

Abstract

The author shows how the importance of recognizing and restoring the plight of victims of crime is currently the central concern of the United Nations ad-hoc Tribunals and the statutes of the International Penal Court. In making this argument, the author first reviews the United Nation’s commitment to enhance the rights of crime victims among member states while also offering a timeline of atrocities committed against innocent peoples over the years, beginning in 1915 and ending in 1995. The following section considers the nature of “abuse of power” and describes the concepts of abuse and of offense. Typologies of abuse of power are identified as economic, political, social, and religious. It is argued that criminal justice, under conditions of abuse of power, tends to ignore the basic tenants of international human rights protection. As evidence, the International Principles are reviewed. The discussion next turns to a consideration of the role of victim reparation in the international justice process. Legislation concerning state and offender reparation to victims and communities are described. This section also includes definitions of the types of restitution generally allowable, the purpose of restitution. The effective enforcement and supervision of restitution orders are reviewed as are funding sources and mechanisms for victim compensation. The author offers a proposal for strategies for action to repair the technical obstacles that paralyze public action in the field of abuse of power and criminality. Specifically, it is suggested that researchers in political science, sociology, and criminology should collaborate on studies concerning the abuse of power within criminal justice systems as the subject matter stands at the crossroads of all three disciplines. It is also suggested that judiciary systems be integrated and independent to avoid the abuse of executive and legislative powers. Footnotes, references