NCJ Number
126712
Date Published
1988
Length
16 pages
Annotation
The role of the victim provides a basis for examining the relation between criminal law and civil law, welfare law, and the behavioral sciences.
Abstract
Consideration of the criminal-civil relationship underlies much of the contemporary literature on victim remedies. Welfare has developed as part of a social philosophy associated with social solidarity or paternalism, and its boundaries depend at least in part upon the relative strength of adherents to the philosophy as compared to those favoring a more individualistic or laissez-faire philosophy. The rise of positivist criminology in behavioral science research focusing on victimology and responsibility has created a problem for penal law in view of the implication that criminal conduct is determined by external forces. However, positivists generally demand no more from the doctrine of criminal responsibility than a degree of flexibility, mainly on the issue of insanity. A comparative perspective is used to discuss structural reforms in the Israeli legal system. Substantive issues in victim-oriented reform are addressed in terms of their implications for procedural versus substantive law. Procedural reforms to aid victims are examined, with emphasis on reforms designed to insure that the criminal justice system has more information about and focuses on the nature of harm suffered by victims and on reforms intended to give victims a more active role in both formal and informal stages of the criminal justice process. 68 references and 28 footnotes