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Justice for Victims

Crime Prevention and Criminal Justice [E4J]


What is justice for victims

• Who are victims of crimes: main theoretical framework


• UN 1985 Basic Principles declaration for Victims of Crime and abuse of power
• Data collection: administrative data, victim survey and law-case studies

The Principles set out in the Declaration are:


• Access to justice and fair treatment
• Restitution
• Compensation
• Assistance
Victimology
 

Criminal
criminology victimology victimology
Impact of victimization

• Material;
• Physical;
• Mental, psychological, emotional;
• Economic;
• Spiritual, and religious.
 
How are victims exposed to crime?

• When a person is victmizaed in the same way repetedly


Recurring victimization
• When a person is victimized more than once in the same way, usually in a
Repeat victimization short period of time.

• When a person is victimized again.


Revictimization
• Can take place following the crime. Refers to others’ attitudes, beliefs, to
Secondary victimization blaming of the victim, failure to address victims' needs and insensitive
reactions.
What is a crime related trauma?
A sudden violent event (human caused) being exposed to a violent event (even if not
personally involved, but witnessed).
Most common reactions to trauma :

• Feeling of fear,
• loss of control,
• constant feeling of threats of death,
• helplessness,
• depression
• suicidal ideas
• attempted or actual suicide
How can we explain negative reactions towards victims of crime?

Just World
Theory

People view the world as an People get what they


orderly and predictable place deserve

Secondary
Victimization

Blame victim’s Evaluate character Evaluate the


Distancing oneself
character/behavior of victim in a victimizing event in
from the victim
for victimization negative way a positive way
Maslow’ basic human needs

Self
actuali
zation
Self-esteem

Belonging and acceptance

Safety and security

Physiological needs (food, medical assistance)


Victims’ needs

• Support
• Protection
• Information
• Practical needs
• Needs for recognition by and in the criminal justice system
• Reparation
Victims’ rights

• Right to be heard
• Right to be informed
• Right to be protected
• Right to be respected and emotional condition being recognized
• Right to receive support
• Right to receive compensation
• Right to deal with specialized professionals
• Right to receive assistance across-borders
• Others?
Victims’ role in the criminal justice system

• Participation at all stages during the criminal justice process: reporting stage,
investigations stage, pre-trial stage, trial stage, sentencing stages, stage at which the
offender is released
• Victim-sensitive measures: interviewing techniques; modified court rooms; video
evidence; victims’ advocates; special provisions for vulnerable groups, such as children
or vicitms of SGBV crimes; Victim Impact Statements; partie civile (civil party)
Victim services

• Institutional – Governmental
Roles and functions.

• Non governmental organizations (NGO)


Roles and functions

How should services for victims address victims’ needs?


State compensation, reparation, restitution

Compensation can take different forms:


• Direct payment, following certain criteria (income, severity of damage, injuries, ability
to work)
• Direct payment of certain services, like in the case of pro-bono legal assistance where
the lawyers will claim to the State their costs;
• Indirectly through services and assistance.
Contemporary issues affecting Justice for Victims

 Challenges and responses to:


a) transnational organized crime and new forms of crime and
b) cross-border victimization

 The internet and social media

 The example of the #MeToo Movement


Victims in international criminal justice

• The ICC as a victims’ court, with a right to victim participation and reparations
• Inspiration for sub-sequent tribunals applying international criminal law
• Importance of acknowledgment of the role of victims in the international criminal law
context:
making international proceedings meaningful to those most affected
More information

@DohaDeclaration e4j@unodc.org

unodc.org/dohadeclaration unodc.org/e4J

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