The Criminal Justice System in Transition: Assisting Victims of Crime

2017 ◽  
pp. 31-50
Author(s):  
Peter C. Kratcoski
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Victims Of Crime

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice

2003 ◽  
Vol 36 (1) ◽  
pp. 60-76 ◽  
Author(s):  
Kate Warner ◽  
Jenny Gawlik
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Public Support ◽  
Crime Victims ◽  
Property Damage ◽  
Victims Of Crime ◽  
To Receive ◽  
Legislative Measures

Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

scholarly journals Victim Impact Statement Model in Criminal Justice System in Restorative Justice Perspective

2018 ◽  
Vol 54 ◽  
pp. 07006
Author(s):  
Hervina Puspitosari ◽  
Bintara Sura Priambada
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Social Economic ◽  
Research Approach ◽  
Victim Impact Statement ◽  
Victims Of Crime ◽  
Sense Of Justice

Practice of restorative justice is the handling of criminal acts that are not only seen from the perspective of the law, but also related to moral, social, economic, religious and customary aspects. Local customs, as well as various other restorative considerations will deal with the perpetrators, victims, and stakeholders in the community, in collective problem solving, the purpose of which is to repair damage, restore the quality of relationships and facilitate the reintegration of the parties involved and related. This study uses research methods with a normative juridical research approach. Restorative Justice, namely the punishment imposed by the court is a punishment aimed at maximizing the condition of the victim as before the criminal incident befell the victim. The issue of justice and respect for human rights does not only apply to criminals but also victims of crime who must get a sense of justice so that the objective of the criminal justice system can be achieved with a sense of justice for the victims and perpetrators. It is very important to immediately make efforts to reform the criminal law that puts forward the substantial justice of victims and perpetrators.

Impediments to the Recovery of Restitution by Crime Victims

1990 ◽  
Vol 5 (2) ◽  
pp. 127-140 ◽  
Author(s):  
Alan T. Harland ◽  
Cathryn J. Rosen
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victims ◽  
Actual Case ◽  
Policy Makers ◽  
Technical Data ◽  
Victims Of Crime ◽  
Definition Of ◽  
Case Dispositions

Restitution is unique among criminal justice policies by virtue of the widespread support it has attained from many diverse constituencies. Restitution has received such universal praise as a panacea for victims of crime that in recent years a number of American jurisdictions have adopted legislation that creates a presumptive norm that restitution be awarded in appropriate cases. Despite popular support for its increased use and enactment of enabling legislation, restitution continues to be underutilized in actual case dispositions. The authors suggest that the underuse problem will not be cured and the powerful potential that restitution holds as a criminal justice sanction will not be realized until a consensus regarding the definition of restitution is achieved, significant gaps in the technical data about how restitution is effectuated are closed, and practical impediments to awarding and collecting restitution are dissolved. These goals, in turn, cannot be met until policy makers confront and begin to resolve the inherent conflicts posed when a restorative sanction, such as restitution, is pursued in a criminal justice system that is primarily punitive in nature.

Restitution as a Sanction in Juvenile Court

1986 ◽  
Vol 32 (2) ◽  
pp. 177-185 ◽  
Author(s):  
William G. Staples
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Historical Perspective ◽  
Juvenile Court ◽  
Current Trend ◽  
Tort Law ◽  
The Past ◽  
Victims Of Crime ◽  
Policies And Practices

Over the past decade, restitution has assumed increasing significance as a sanction both in the juvenile and in the criminal justice system. The purpose of this article is to examine the current trend toward utilizing restitution from a critical and historical perspective. Current restitution policies and practices are placed within the context of three major trends in justice: (1) the individualization of the juvenile court; (2) the growing concern with the victims of crime, and (3) the blurring of traditional distinctions between criminal and tort law. Restitution as a sanction is evaluated in the context of these three developments, and the contemporary form of restitution is compared with its historical predecessors.

Crime Victims’ Perceptions of Restitution: The Importance of Payment and Understanding

2008 ◽  
Vol 23 (6) ◽  
pp. 697-710 ◽  
Author(s):  
Barry R. Ruback ◽  
Alison C. Cares ◽  
Stacy N. Hoskins
Keyword(s):  
Multivariate Analysis ◽  
Criminal Justice ◽  
Distributive Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victims ◽  
Fair Process ◽  
The Future ◽  
Victims Of Crime ◽  
Willingness To Report

The Office for Victims of Crime recommends that victims should be informed, consulted, respected, and made whole, rights that relate to informational, procedural, interpersonal, and distributive justice. We surveyed 238 victims in two Pennsylvania counties to test whether crime victims’ satisfaction with the criminal justice system was related to their perceptions of the fairness of the process and of their outcomes in their case, particularly with regard to restitution. Results indicated that payment of restitution, perception of fair process, and good interpersonal treatment were positively related to victims’ willingness to report crimes in the future but that satisfaction with information about the process was not. Victims’ understanding of the restitution process was a significant predictor of willingness to report in a multivariate analysis.

scholarly journals Legal Protection Reform for Children Conflicted with Law

Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 59
Author(s):  
Emy Rosna Wati
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Court ◽  
Legal Protection ◽  
Victims Of Crime ◽  
The Law ◽  
The Government

The government has long been giving protection to children. Protection is reflected in the issuance of various Law. One of them is the Law No. 23 of 2003 on Child Protection. The legal protection of children in conflicted with law and child as victims of crime are regulatedin articlenumber 64. Issuance of Law No. 3 of 1997 on Juvenile Court actually originates from a passion for protecting the rights of children in conflicted with the law. However, due to inadequate understanding and mindset of Juvenile Court, which is do not have the children’s perspective, what comes up is that the substance of Law on Juvenile Court is not to protect children but to prosecute children. However, after the release of Law No. 11 of 2012 onThe Criminal Justice System of Children, legal protection of children in conflict with the law was encouragingly reformed. How To Cite: Rosna Wati, E. (2014). Legal Protection Reform for Children Conflicted with Law. Rechtsidee, 1(1), 59-70. doi:http://dx.doi.org/10.21070/jihr.v1i1.101

scholarly journals Victims of crime

2018 ◽  
Vol 34 (2) ◽  
Author(s):  
Khắc Hải Nguyễn
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Routine Activity ◽  
Access To Justice ◽  
Fair Treatment ◽  
Victims Of Crime ◽  
Definition Of ◽  
Core Issues

Research clarifies basic issues related to victims of crime as a social and legal phenomenon. Study gives definition of victims of crime, analyses victimization and its causes developed rely on theories as lifestyle model, routine activity approach and opportunity. Besides, the article studies international standard and the rights of victims like access to justice and fair treatment, restitution, compensation, and assistance. The role of victims of crime in criminal justice system and government’s responsibility are also core issues mentioned in the research. 

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