NCJ Number
60022
Date Published
1977
Length
15 pages
Annotation
WITHOUT RETURNING TO A SYSTEM OF PRIVATE RETRIBUTION, THE CRIMINAL JUSTICE SYSTEM SHOULD BE MODIFIED TO DEMONSTRATE INCREASED SENSITIVITY TO THE NEEDS OF VICTIMS.
Abstract
ALTHOUGH THE VICTIM OF CRIMINAL ACTIVITY IS NO LONGER THE PERSON WHO MUST APPREHEND THE PERPETRATOR AND INSTIGATE THE PROSECUTION, VICTIMS SHOULD NOT BE DISPLAYED BY A CRIMINAL JUSTICE SYSTEM WHICH SEEMS TO FAVOR THE PROSECUTION OF 'VICTIMLESS' CRIMES. VICTIMS SHOULD BE SPARED THE DELETERIOUS SIDE EFFECTS OF CRIME BY A CRIMINAL CODE WHICH PROVIDES SOME MEASURE OF PERSONAL RELIEF TO VICTIMS, SUCH AS RESTITUTION, DIRECT STATE AID, OR COMPENSATION THROUGH PAYMENTS DERIVED FROM FINES IN CRIMINAL CASES. THE LACK OF SUCH PROGRAMS CONTRIBUTES TO THE NONREPORTING OF SERIOUS CRIMES AND THE NONINVOLVEMENT OF WITNESSES. VICTIMS OF CRIMES ARE MORE LIKELY TO CONTRIBUTE TO THE APPREHENSION AND CONVICTION OF CRIMINALS WHEN THE COSTS TO THE VICTIMS ARE REDUCED. GOVERNMENTS WHICH PUBLICIZE AND ADHERE TO A POLICY OF NONNEGOTIATION WITH TERRORISTS ARE ACKNOWLEDGING THAT INTERESTS OTHER THAN THE SURVIVAL OF VICTIMS ARE AT STAKE. SUCH INTERESTS MAY INCLUDE THE INCULCATION OF PUBLIC CONFIDENCE, BUT THIS EMPHASIS SHIFTS THE RISK OF TERRORISTS ACTIVITIES TO THE VICTIMS. ARGUABLY, INSENSITIVITY TO VICTIM CONCERNS MAY BE INEVITABLE BECAUSE ANY ATTEMPT TO REGULATE THE ATTACKER'S SELECTION OF VICTIMS WOULD BE FUTILE. POLICYMAKERS ALSO FACE A DILEMMA OVER THE EXTENT TO WHICH VICTIMS SHOULD BE COMPELLED TO PROVIDE INFORMATION CONCERNING CRIMINAL ATTACKS. SUCH INFORMATION MAY BE VALUABLE IN APPREHENDING THE ASSAILANTS, BUT INTERROGATION MAY FURTHER HARM THE VICTIM. THE INSUFFICIENCY OF AVAILABLE INFORMATION SHOULD NOT PREVENT THE PRACTICAL RECOGNITION OF VICTIMS' INTERESTS. SIMPLE MEASURES THAT WILL ASSIST VICTIMS THROUGH THEIR IMMEDIATE TRAUMA CAN AND SHOULD BE PROVIDED IMMEDIATELY. NO REFERENCES ARE PROVIDED. (TWK)