History of the victim

In Babylon (18th century B.C.) required that many offenders –or their families-make restitution.

If the offender is not caught the city shall replace whatever the victim lost (victim compensation).

Middle Ages: King’s Peace concept: all offenses were seen as violations of imperial law.

Reference to common law process & its distrust for lay people, jurors, witnesses & victims alike.

So, for centuries after the Middle Ages we have a retrocession of victim’s rights.

The situation in Continental Europe has always been better than in common law countries. Europe has long known the system of co-prosecution where the victim becomes a private prosecutor with almost all rights as the prosecutor himself or herself.

In the common law world the first statute about victim was adopted by NZ in 63, then UK 64, USA 65 & CDN 67.

The government’s response

CDN Statement of Basic Principles of Justice for Victims of Crime (88)

·             Victims should be treated with respect.

·             Information about the criminal process, available remedies, health & social services.

·             Ensure the safety of the victim

·             Training to sensitize criminal justice personnel about victims’ needs.

 

Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (85)

State restitution when perpetrators are police officers or other state officials.

State compensation when restitution is not available.

Victims of abuse of power that is not a crime.

·             Victim impact statement

o           In 1988 changed to Criminal Code

o           Given after conviction and prior to sentencing.

o           This reduces the victims’ feelings of powerlessness as participants in the criminal justice system.

o           As from 1996 victim impact statements are to be considered in sentencing.

·             Victim compensation

o           Victims can apply for compensation from the state to pay for damages associated with the crime.

o           Victim compensation programs range from $5000 to $30,0000.

o           In NS very limited, mainly restricted to the payment of counseling fees.

·             Victim restitution

o           Sentence may oblige offender to pay restitution to the victim

·             Police Based programs: referrals for crisis intervention, staffed by volunteers & civilians.

·             Court services: helping victims deal with the criminal justice system: transportation, explanation of witness procedures, some limited counseling, etc. Presence of support person if witness is under 14 years of age, victim of sexual offense under 18 may make testimony behind a screen or by closed-circuit TV.

o           These services are funded by a victim fine surcharge of 15% of a fine. If there is no fine the judge can set the amount up to $10,000.

·             Rape shield provisions

·             Public exclusion orders in the case of child witnesses.

·             Publication and broadcast bans of identity of victims in sexual assault cases.

·             Crisis intervention: referrals for services to help victims recover from their ordeal.

·             Victim-offender reconciliation programs

·             Public education

·             Victims’ rights: Ontario has a Victim’s Bill of Rights

Private prosecutor system in Europe and Latin America

·             Examine the prevailing theories of victimization

·             Be aware of the social consequences of the theories of victimization

·             Be aware of the shortcomings of the theories of victimization

The victim is not a passive target in crime but someone whose behavior can influence his or her own fate.

·             Victim participation theory: people may actually initiate the confrontation that eventually leads to their own injury or death.

o           Active precipitation: the victim acts provocatively.

o           Passive precipitation: when the victim exhibits some personal characteristic that unknowingly threatens or encourages the attacker.

§             Hate rate in Canada occurs primarily on the basis of race (66%), religion (23%) and sexual orientation (10%).

·             Lifestyles theories

People may become crime victims because they have a lifestyle that increases their exposure to criminal offenders, such as being young, single, being with other young people, at night and living in an urban area.

 

The equivalent group hypothesis: victims and criminals share similar characteristics because they are not actually separate groups, and a criminal lifestyle exposes people to increased levels of victimization risks.

The proximity hypothesis: some people willingly put themselves in jeopardy by choosing high risk lifestyles or because they are forced to live in close physical proximity to criminals (they are in the wrong place and the wrong time).

The deviant place hypothesis: there are natural areas for crime, e.g., poor, densely populated, highly transient neighborhoods in which commercial and residential property exist side by side.

·             Routine activities theory:

The motivation to commit a crime is constant. The greater the opportunity to commit a crime the higher the crime and victimization rate. Consequently the volume and distribution of predatory crime are closely related to the interaction of three variable:

Suitable targets: homes containing easily saleable goods.

Capable guardians: e.g. police, homeowners, neighbors, friends, and relatives.

Motivated offenders: e.g., a large number of unemployed teenagers.