A New Deal For Victims And Witnesses Essay

“Abuse is still seriously under reported. I was told by leading British social worker that when they hold training courses for employees, they find that a third of the females and slightly less of the males come forward to talk about their childhood experiences of being abused. Over ninety percent of parents as some time hit their children – and some people hit them several times a week – so there is a great deal of emotional hurt, fear and physical pain in the world today” (Davis 251). For this reason alone it makes perfect sense why violent crime rates are so frighteningly high.

In addition, all discussions boards agree that the media makes victims looks vulnerable, weak, defenseless, and in need of compassion and sympathy (Greer, p.22)

With the limitations of traditional criminological theories and the failings of the traditional criminal justice system, John Braithwaite’s reintegrative shaming theory provides a refreshing alternative to previous retributive and penal approaches (Braithwaite, 1989; White, Haines & Asquith, 2012). With its emphasis on cultural integration, the theory has shown utility amongst practitioners and academics (Kim & Gerber, 2012; Hay, 2001). However, despite its value, Braithwaite’s theory has not been without considerable critique (White, Haines & Asquith, 2012).

The concept of ‘crime’ is something that depends on time, place, and other influences. For this reason, researchers have been trying to get criminologists to rethink their definitions of ‘crime’ and consider the idea of ‘social harm’ which could help better explain the causes of human suffering and the definitions of ‘crime’ and ‘criminals’ and broaden the application of criminal justice. What this rethinking can do for criminologists broadly is give them a broader picture of human psychology as well as the range of harms that individuals, communities, or whole societies experience. In this context this can include crime in the sense of activities of individuals as well as government and institutions.

Like the media, the criminal justice system and organisations in and around the criminal justice system play a major contribution in the construction of an ‘ideal victim’. As stated by ‘….Rock (2006), Institutional practices shape the public representations and private understandings of victims of crime’. For instance, in Australia there are many organisations that help victims and their families of serious crimes. Although on the other hand, there are limited or no services available to victims of minor crimes.

There have been many changes in the treatment of offenders by the Criminal Justice System in England and Wales, particularly the treatment of female offenders. The handling of women within the criminal justice system has been closely tied to their social characteristics, and to what might be described as their ‘social construction’. On the other hand, women who compromise more than half of the world’s population, account for only 15% of criminal activity and as a consequence, relatively little attention has been given to them. This essay will explore how this has changed from a historical point of view to modern times, with exploration from cross-culture comparisons and an overview of the treatments of females in prisons.

The purpose of this essay is to discuss whether a perspective of social harm is more advantageous and useful over that of crime. In order to explore these advantages, this essay will look at the aetiology of crime from a legal perspective; which is arguably very narrow and individualistic in nature. As well as from a perspective of social harm, which is possibly more progressive as it broadens an understanding of ‘crime’ over that of many other serious harms.

The perception of the Australian criminal justice system’s legitimacy is determined by the actions of three institutions, and the manner in which they address issues of justice within society. For the criminal justice system to be seen with integrity and valued for its role, it is vital that all members of the community see the appropriate rectification of injustices through the police, courts and corrections. However, particular groups within society encounter the illegitimacy and social inequity embedded within these institutions, diminishing the effectiveness to which they fulfill their role. For women in particular, the institutions of the criminal justice system are notably unethical in their treatment of both victims and perpetrators of crime. Despite many reforms and recommendations for change, the criminal justice system ultimately fails in achieving justice for women, with the courts demonstrating the most significant attempt to eliminate social inequality and victimisation.

In recent years, the subject of crime has become an increasingly important theme of political, academic, and public debate. In particular, the media today is more focused on victims than it has ever been before. Through media representations of the ‘ideal victim’, this essay will subsequently show how the media are able to construct and re-affirm pre-existing traditional ideologies within the public realm. In effect, this assignment will critically assess the concept of an ‘ideal victim’ and show how the media have used this when describing crime.

Outline and explain the three key goals victims can pursue through the criminal justice system.

From the 19th century to the 20th, crime control state agencies have become instilled with ‘penal welfarism’ and rehabilitation. However since then they’ve been dominated by risk management, incapacitation and retribution. In clarifying this change Garland; the formal organisations of crime control have a tendency to be responsive. Garland states “too often our attention focuses on the state’s institutions and neglects the informal social practices upon which state

The Criminal Justice System, a system the British government set up to deal with the treatment of law-breakers, has three main goals to achieve social order, these are, (1) enforcing criminal law, (2) maintaining law and order in the society, and (3) helping victims. This may seem to be a well thought of system, but like any other organisation, there are flaws, and one of the major flaws is discrimination, and the bias that stems from discrimination.

Restorative justice has some key restorative values that are vital in the restorative justice conference to make the experience ‘restorative’. Concerning addressing victim needs and concerns means for listening, respecting, being non-judgmental, not blaming the victim and apologizing. The RJ system was bought as an alternative to the criminal justice system to give greater emphasis on victim rights and needs, offender accountability and community involvement. Throughout the essay, there will be an insight into how Restorative Justice addresses needs of victims in terms of the different proponents such as Information provided to victim, restitution/compensation, emotional and practical needs met, participation and involvement of victim and protection of victim, which (Wemmers and Marisa, 2002) as essentials to victims participating in the practice. The two countries that will be addressed will have had restorative justice built out of injustices and over-representation of the current criminal justice system to the indigenous peoples of those countries.

Victims of crime, particularly those violent in nature, have their rights violated and experience exceedingly high level of trauma and stress (Appendix B, 2015). It is surprising then, that Criminal Justice Systems (CJS) around the world forgo many victims’ rights and provided limited space for them to interact with the system (Sarre, 1999). Rather systems are built around balancing the rights of offenders against the greater safety and need of the community whilst neglecting individual justice needs of the victims (Sarre, 1999). With limited rights and minimal involvement a victim often becomes a disposable utensil to the CJS (Clark, 2010). They are used by the courts to determine the ultimate truth so justice may be served, with no care for the damage that may be caused in the process and then disposed of the case is concluded (Braun, 2014). In 2011-2012 a victimisation survey revealed that 1.2 million Australians were victims of personal crimes, such as assault, robbery and sexual assault (Australian Institution of Criminology, 2013). Of these victims, only half of the crimes were reported to the police (Australian Institution of Criminology, 2013). Such low reporting rates have been contributed in part to this notion of imbalance offender VS victims’ rights (Braun, 2014). Due to the sensitive nature of sexual crimes, the limited available evidence and victim rights, these crimes tend to carry the lowest reporting rates (Braun, 2014). During the latest Australian

Critically consider the way in which a focus on social harm can help us to explore the complexities of ‘crime’.