NCJ Number
104375
Journal
Canadian Criminology Forum Volume: 8 Issue: 1 Dated: (1986) Pages: 31-44
Date Published
1986
Length
14 pages
Annotation
This article examines the current crime victim's status in Canada's prosecution process, the historic background of this status, reasons for the victims' rights movement, and proposals for change in the victim's status.
Abstract
Prior to the formal legal system, all wrongs were private matters between offenders and victims and their families. As these private disputes became the concerns of kings and landlords, those in charge of the collective began to devise procedures for resolving disputes. This evolved into the state's assuming full responsibility for addressing crime, without any essential legal rights or responsibilities given the victim in the prosecution process. The recent victim's movement has sought to increase the victim's role in case processing. This movement was spawned by citizens' fear of crime, the public's impatience with the state's concern for the rights of the accused to the exclusion of victims' rights, the women's movement, the self-help movement, and general humanitarian concerns. Some proposals for increased victim services and involvement in case processing include financial reparation, a victim impact statement, and the use of victim advocates to influence case processing on the victim's behalf. These proposals have had small impact, as restitution is seldom ordered, compensation schemes are seldom used, and most victims do not use the limited opportunities to influence case processing. Overall, the place of victims in the prosecution process is limited to that which does not obstruct the bureaucratic processes convenient for the traditional actors in case processing. 6 notes and 30 references.