Victim Participation in the Criminal Justice System

• NCJ Number: 109251
• Journal: Australian and New Zealand Journal of Criminology Volume: 20 Issue: 4 Dated: (December 1987) Pages: 195-217
• Author(s): C J Sumner
• Date Published: 1987
• Length: 23 pages
• Publication Format: Article
• Language: English
• Country: Australia
• Note: Fourteenth Annual John Barry Memorial Lecture, delivered at the University of Melbourne, August 25, 1987.

Annotation

After reviewing the history of the crime victim's movement, with particular attention to Australia, this article summarizes the United Nations (UN) Declaration on the Rights of Victims of Crime and Abuse of Power, discusses the South Australian response to the declaration, and considers the victim's role in prosecution, sentencing, and compensation for crime losses.

Abstract

Studies stemming from the victim's movement note the importance of the victim to the criminal justice system and crime victims' desire for information and understanding. In 1985 the United Nations General Assembly adopted the Declaration on the Rights of Victims of Crime and Abuse of Power, which presents principles to be incorporated into national law to address victims' needs. Considerable work has been done in South Australia to implement the UN declaration, including the government's formulation of principles which give victims rights at various stages of the criminal process. All relevant government departments have been instructed to ensure that their practices and procedures comply with the principles. The victim's role in prosecution pertains to input bearing upon the prosecutor's decision about whether or not to prosecute the case. The victim's role in sentencing pertains to input regarding the crime's impact on the victim, and victim compensation encompasses offender restitution and state reimbursement of victim costs and losses. 91 notes.