NCJ Number
46781
Date Published
1977
Length
169 pages
Annotation
THE PREMISE THAT THE VICTIM IS AN INTEGRAL COMPONENT OF THE MEANS BY WHICH CONTROL OF NORMATIVE DEVIATION IS INSTITUTED AND MAINTAINED IS DEVELOPED.
Abstract
AN INVESTIGATION IS UNDERTAKEN OF THE IMPLICATIONS OF THE VICTIM'S ROLE IN LAW AND SOCIAL CONTROL. ATTENTION IS FOCUSED ON EXPLORATION OF THE ATTRIBUTES OF THE VICTIM'S ROLE IN OTHER SOCIETIES, AT EARLIER PERIODS IN AMERICAN SOCIETY, AND IN CONTEMPORARY PROCEEDINGS AGAINST THE ACCUSED. WHY SOME PERSONS ARE RECOGNIZED AS VICTIMS AND OTHERS ARE NOT; HOW VICTIM SURROGATES IN THE FORM OF KINSHIP GROUPS OR THE STATE ACT ON BEHALF OF THE VICTIM; AND WHAT REMEDIES ARE SELECTED, HOW THEY ARE IMPLEMENTED, AND WHAT RESULTS ARE OBTAINED ARE EXAMINED TO BETTER UNDERSTAND NOT ONLY NORMATIVE DEVIATION BUT ALSO THE PROCESS BY WHICH CONFORMITY TO NORMS IS ENHANCED. THE DEVELOPMENT OF A VICTIM CONCEPT IS UNDERTAKEN; THE RELATION OF THE VICTIM TO CRIMINAL LAW, AND SOCIAL SCIENCE, BIOLOGICAL, AND PSYCHOLOGICAL PERSPCTIVES REGARDING CRIMINALS AND VICTIMS ARE EXAMINED. THE CONCEPTS, WITH REGARD TO LAW, OF SOCIAL CONTROL AND SOCIAL DIFFERENTIATION ARE DEFINED AND EXPLORED IN TERMS OF HISTORICAL AND CONTEMPORARY CONCEPTS RELEVANT TO SOCIAL AND POLITICAL THEORY. THE ROLE OF THE VICTIM IN SOCIETIES OF MINIMAL, EMERGING, AND ESTABLISHED SOCIAL DIFFERENTIATIONS IS DISCUSSED. THE VICTIM'S FUNCTION AS CRIME REPORTER AND WITNESS WITHIN THE CONTEMPORARY CRIMINAL JUSTICE SYSTEM IS ALSO EXAMINED. PROGRAMMATIC APPROACHES TO THE VICTIM'S ROLE ARE DETAILED; THE MANAGERIAL APPROACH, THE PARTICIPATION APPROACH, OFFENDER RESTITUTION AND PAROLE, RESTITUTION BY THE JUVENILE OFFENDER, AND PROGRAM APPROACHES DIRECTED SPECIFICIALLY AT POPULATIONS PERCEIVED OF AS ESPECIALLY VULNERABLE -THE ELDERLY AND WOMEN -- ARE CONSIDERED. LASTLY, THE FUNCTION OF CRIME VICTIMS AS AGENTS OF SOCIAL CONTROL IS EVALUATED; THE DECLINE IN VICTIM PARTICIPATION WITHIN THE CRIMINAL JUSTICE SYSTEM BROUGHT ON BY THE EMPHASIS OF REHABILITATIVE CONFINEMENT OVER PUNITIVE INCARCERATION, THE FUTURE OF HEARING PROCESSES THAT MAY PROVIDE OPPORTUNITIES FOR THE VICTIM AND THE ACCUSED TO ARRIVE AT MUTUALLY SATISFACTORY SETTLEMENTS, AND THE POSSIBLE RETURN OF THE VICTIM AS A PARTICIPANT IN SOCIAL CONTROL ARE DISCUSSED. REFERENCE NOTES ARE PROVIDED AT THE CLOSE OF EACH CHAPTER. SEPARATE NAME AND SUBJECT INDEXES ARE INCLUDED. (KBL)