scholarly journals Crime victims in the criminal justice system

Temida ◽  
2003 ◽  
Vol 6 (1) ◽  
pp. 19-35 ◽  
Author(s):  
Sanja Copic
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
State Intervention ◽  
Support Service ◽  
Crime Victims ◽  
State Agencies ◽  
Social Reaction ◽  
Willingness To Report

Negative social reaction and inadequate reaction of the agencies of the formal control on the primary victimization is leading to the so called secondary victimization that can be a source of trauma and frustration as much as the primary victimization. Due to that, relation of the police and the judiciary towards the crime victims is of a great importance regarding victims? willingness to report the victimization, their confidence in these agencies, and cooperation during clearing up the crime. In order to realize the victim?s position in the criminal justice system, this paper contains an overview of how the police, prosecutor?s office and courts are functioning. The paper is based on the interviews made with the representatives of these state agencies, as well as on the previous knowledge and realized surveys concerning this topic. The aim of the paper is to emphasize the position and the role of the victim support service in the system of the state intervention, based upon the obtained data, as well as to give some basic information on how victims could report the crime, what are their rights and duties, what can they expect from the competent agencies.

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 Role of Victim in the Criminal Justice System

2019 ◽  
Vol 3 ◽  
pp. 30-36
Author(s):  
MEERA MATHEW
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victims ◽  
Law Enforcement Agencies ◽  
Different Types ◽  
Victims Of Crime ◽  
The Impact

The victims of crime are those who have formerly endured injury or are possibly suffering as an outcome of crimes having been committed. The direct family or dependants of the direct victims, who are harmfully affected, are also included within the meaning of the term “Victims”. The predicament of the victims does not finish with the crime but it persists. It may even increase, following the crimes; since they have to face the rigors of the actuality, such as deficient support system, dearth of social backing, and sense of anxiety. They also experience the intricacy of police inquiry, magisterial investigation and criminal trial. The impact of victimization on different kinds of victims due to different types of crimes has been varied such as physical, psychological and financial. Through this paper writer has endeavored to check the situation of victims of crime in India and the criminal justice system. It is apparent that the desolation of the victims have not been effectively addressed or even gone out of contemplation. Victims are disregarded, may, forgotten. The paper also stresses the need to provide support to crime victims. The author of the present paper has also recommended some of the imperative steps that are to be implemented by the law enforcement agencies in India to improve the position of victims in the criminal justice system.

Radical Victimology: A Critique of the Concept of Victim in Traditional Victimology

1992 ◽  
Vol 38 (2) ◽  
pp. 258-271 ◽  
Author(s):  
Marilyn D. McShane ◽  
Frank P. Williams
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Theoretical Perspective ◽  
Crime Victims ◽  
Limited Ability ◽  
Assistance Programs ◽  
Victim Assistance ◽  
The Media

Traditional victimology has not yet tapped the potential of radical criminology to assist in the explanation of social reactions to crime and crime victims. From the theoretical perspective of the radical framework it is possible to explore society's preference for truly innocent victims and the limited ability of the system to avenge them (i.e., through victim assistance programs). Other avenues of analysis from this perspective include the role of the victim in furthering the interests of police and prosecution agencies, as well as the interests of the media and capitalist business enterprises. A radical victimological approach can also be used to analyze the extended victimization of the offender's family by the criminal justice system.

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 Constitutional Protection For Crime Victims And Witnesses In Indonesia And Its Problems

2020 ◽  
Vol 36 (1) ◽  
pp. 53-62
Author(s):  
John Kenedi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Crime Victims ◽  
Conceptual Approach ◽  
Constitutional Protection ◽  
Unfair Treatment ◽  
Criminal Offenses ◽  
Constitutional Protections

The constitutional protections toward crime witnesses in Indonesia are indisputably inevitable. As an effort to uphold justice, Indonesia relies on the formal mechanism of criminal law known as the criminal justice system. The system starts from reports by the police, prosecution by the prosecutor, to the stage of a trial in a court, and execution in a prison. Throughout its development, the criminal justice system seemed to focus more on protecting criminal offenses (criminal oriented) rather than paying attention to the rights of witnesses and victims (witness and victim-oriented). Therefore, the studies that concern the rights of witnesses and victims are highly needed in order to figure out ways to balance the treatment between the suspects/defendants and the witnesses and victims. Through the use of the statue approach and conceptual approach, the positions and the rights of legal protection for witnesses and victims are thoroughly captured and described in this current research. Besides, the factors causing uneven attention and unfair treatment toward crime victims are also specifically identified.

scholarly journals PERANAN KEJAKSAAN REPUBLIK INDONESIA DALAM PEMBERANTASAN KORUPSI DI NEGARA DEMOKRASI (Role of The Attorney General of Indonesia in Eradicating Corruption in State Democracy)

2016 ◽  
Vol 16 (1) ◽  
pp. 15
Author(s):  
Suharyo Suharyo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Good Governance ◽  
Attorney General ◽  
Strong Relationship ◽  
Criminal Code ◽  
Local Officials ◽  
Strategic Position

PERANAN KEJAKSAAN REPUBLIK INDONESIADALAM PEMBERANTASAN KORUPSI DI NEGARA DEMOKRASI(Role of The Attorney General of Indonesia in Eradicating Corruption in State Democracy) The Attorney General of Indonesia plays a strategic position in corruption eradication. Since IndonesiaIndependent Day on 17 August 1945 until now, the attorney general keeps eradicate the corruption. As one of the elements of criminal justice system of the democracy state refers to the Act No.16/2004 on the Attorney General of Republic of Indonesia, and also a concern with the Act No.8/1981 on the Criminal Code (KUHAP). Corruption eradication is ruled and stipulated on the Act No.31/1999 on Corruption Eradication Jo the Act No.20/2001, and supported the Act No.8/2010 on the Criminal Act of Money Laundering . Questions of this research were what obstacles of corruption eradication in attorneys and how to make it effective? It was a normative-juridical method. It was  an impression that the Attorney General has no dare to enforce the law for the elite politician, local officials (governors,majors) because of their strong relationship with. This phenomenon triggered scholars to do long march and protest to the Attorney General to be consistent and responsive in corruption eradication. Good governance and bureaucracy reform had no big impact, the meaning of “Tri Atmaka” and “Tri Karma Adhyaksa” had truly not been absorbed and practiced, yet. Keywords: The Attorney General of Indonesia in eradicating corruption ABSTRAK Kejaksaan Republik Indonesia memegang posisi sangat strategis dalam pemberantasan korupsi. SejakProklamasi Kemerdekaan 17 Agustus 1945 sampai sekarang, Kejaksaan Republik Indonesia terus menerus melakukan pemberantasan korupsi. Sebagai salah satu unsur dari  sistem peradilan pidana (Criminal Justice System) di dalam negara demokrasi Kejaksaan RI mengacu pada Undang-Undang Nomor 16 Tahun 2004 Tentang Kejaksaan RI, dan juga memperhatikan Undang-Undang Nomor 8 Tahun 1981 tentang Hukum Acara Pidana (KUHAP). Khusus untuk pemberantasan korupsi, diatur melalui Undang-Undang Nomor 31 Tahun 1999 tentang Pemberantasan Tidak Pidana Korupsi no Undang-Undang Nomor 20 Tahun 2001, dan ditunjang Undang-Undang Nomor 8 Tahun 2010 Tentang Tindak Pidana Pencucian Uang. Adapun rumusan masalah dalam penelitian ini adalah apakah kendala yang melekat jajaran Kejaksaan dalam pemberantasan korupsi, serta Bagaimana mengefektifkan Kejaksaan RI dalam pemberantasan korupsi. Metode yang dipakai adalah yuridis normatif.Terdapat kesan, Kejaksaan RI sangat tumpul pada pelaku dari elit politik, dan pejabat daerah (Gubernur, Bupati/Walikota) yang mempunyai koneksi politik yang kuat.Sehingga tidaklah mengherankan, apabila di berbagai daerah, muncul aksi-aksi unjuk rasa dari kalangan mahasiswa yang menuntut Kejaksaan RI agar konsisten dan responsif dalam pemberantasan korupsi. Good Governance dan reformasi birokrasi, hanya berpengaruh positif, secara minimal. Makna Tri Atmaka, serta Tri Karma Adhyaksa, kurang diresapi dan kurang  diamalkan secara mendalam. Kata Kunci: Kejaksaan RI dalam pemberantasan korupsi

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