CRIMINOLOGISTS BE CONCERNED WITH VICTIMS

Criminologists Be Concerned With Victims

Criminologists Be Concerned With Victims

The recent years in the UK and throughout the world has seen the importance and influence of human rights growing. This has had an effect on the law as a whole, but instead of the good of society being protected by statute and common law the individual has come to the forefront, i.e. an individual's rights cannot be derogated unless a set criterion is followed. Therefore this focus on the individual has not only given stricter rules for the courts and police to follow in respect to suspected and convicted criminals, it has also laid an emphasis on the individual victim and the resources, after-care and support, as well the effect on sentencing in respect to criminal cases and restitution or compensation in respect to civil cases.

The recent rise of the role of victims in the Criminal Justice system is highly important, which will be identified in the discussion of restorative justice. The role model for incorporating the victim providing restitution and their needs can be seen in Australia within Victorian Criminal Justice System. Therefore this case study is not going to explore not the medical help that victims need and which have been procured, but their search for justice and restitution and compare it to the UK's approach to the victim in the Criminal Justice System.

It is here that the victim's rights groups are calling for justice, as seen in the recent Home Office Survey of Victim's Rights Groups wishes, i.e. a true role for the victim in the Justice system, especially Criminal Justice:To genuinely reflect the needs of victims, the social rights referred to in the paper "The social rights of victims of crime" should be included in the new Charter, clearly identifying the agencies responsible for delivering them.

This is the most modern reasoning for sentencing and balances the various elements of the sentencing, such as the victim's needs, the rehabilitation of the offender, interests of protecting society. It could be adapted to include public opinion, but in the interests of justice it would need to be informed public opinion because the theory is Rawlsian in nature, which results in a theory from the standpoint of justice. Rawl's in his thesis for engendering equality states that justice is the prime basis of all government and to ensure justice, the access to justice for all is the obvious means and end to ensure justice is fulfilled; therefore in the Criminal Justice system this would include the access to justice for the offender, the victim, and the rights for the public to voice their opinion on sentencing of a convicted criminal. Rawl's theory is based on a few key ideas, which are the rights and duties of government/institution of society and the burdens and benefits of citizens co-operating. Rawls bases his theory on distributive justice, where inequalities are restrained by the greatest benefit of least advantaged and each person has the condition of fair equality of ...