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Principles of Victimology

Principles of Victimology


Dotnepal presents an information on Principles of Victimology.
 
 

Principles of Victimology

There are some emerging principles in the field of victimology, such as; [1]

 

I. The Victim Centered Approach

In this approach, victim is taken at the center level with all focused. Although the system cannot heal victim’s trauma. However it can avoid further harm. It concerns on notifying victim of hearing dates or any change in schedule time for hearing dates and any case related process, providing information about the status of the spelled perpetrator, discussing decision about plea negotiation, and providing prime crime victim an opportunity to address the court before the sentenced is pronounced. Communities must adopt this approach, because it is a type of behavioral approach that everybody must show courtesies to the crime victim.

 

II. Real Justice Approach

There are different kinds of justice; distributive justice refers to the extent to which society’s institutions ensure that benefits and burdens are distributed among society’s members in ways that are fair and just. A second important kind of justice is retributive or corrective justice. Retributive justice refers to the extent to which punishments are fair and just. Yet a third important kind of justice is compensatory justice.

Compensatory justice refers to the extent to which people are fairly compensated for their injuries by those who have injured them; just compensation in proportional to the loss inflicted on a person. Victim justice System concerns on the compensatory justice Compensation/Reparation, Restitution, Rehabilitations, Social Security, Victim/Witness Assistance/Protection, Financial Support, Counseling, and Mediation are the necessary tools for the real justice for crime victim.

 

During the past three decades, several justifications for victim compensation programs have been advanced in victimology ground. It implies that justice should not only be punishing or preventing but should be compensating the loss, because “justice is primarily a means to socio-co-operating and that social co-operation is primarily meant to promote the maximum happiness and well being of each and all. Individuals are most likely to trust and co-operate freely with systems whether they themselves win or lose by those systems when fair process is observed. The fair process does include engagement; Involving offenders/victims and their families in decisions that affect them by asking for their input so they can by asking for their input so they can tell their story, explanation; everyone involved and affected should understand why final decisions are made as they are.

 

III. Human Rights and Limit Risk Approach

Crime is the violation of basic human rights. The purpose of victim justice is to protect the rights of victim as a human rights approach. Right to life is the basic ground of humanitarian law. Rights not to be victimized, rights to be compensated against victimization in terms of financial/material compensation, reparation, rehabilitation, right to stand as a party on the failure/withdrawal of the state cases, right to be entitled for free medical treatment, right o free legal aid, right to be consulted before the decision is made for withdrawal of sub-judice cases or before to grant pardon, right to access to justice are the fundamental rights that must be ensure for crime victim.

 

IV. Welfare State Approach

The modern welfare state is sought to achieved and ensured by punishing the accused in accordance with the provision of law. To ensure that innocent person may not be victimized, the accused found guilty he is punished and kept in prison with an object of reforming him. Courts have form time to time directed the state authorities to provide necessary compensation to victim. The functional justification for victim compensation is the ‘welfare theory’ arising from the assumption that the government exists and function for the people.

 

V. Parents Patriae Approach

Parents patriae is the legal concept from British common law connotes “ultimate parent”/ provides legal basis for the state to intervene on behalf of children. Parents patriae model is known as the welfare model. State is the guardian of all citizens. The main duty of government is to promote effective administration to secure safety and security of people at large. This notion is applicable to protect victim and provide them justice from state.

 

[1] Ramesh Raj Pradhan, “Victim Justice System and Its Underlying Principles”, Nepal Bar Council Law Journal (2014/15): 162-66.



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