VICTIMIZATION IN

CRIMINAL JUSTICE
SYSTEM

SUBMITTED TO -

SUBMITTED BY

PROFESSOR DR.ANJU BERWAL

TEJINDER SINGH

UNIVERSITY INSTITUTE OF LEGAL STUDIES

PANJAB UNIVERSITY

102/10
10TH SEMESTER

CHANDIGARH

ACKNOWLEDGMENT
This project would be incomplete without expressing my gratitude towards the people who
made it possible for me to finish it on time and with accuracy.
Firstly, I would like to thank our Criminology, Penology and Victimology Professor Dr.Anju
Berwal for giving me the requisite guidelines and helping me in fulfilling the loopholes of my
project. Secondly, I would like to thank my family members friends who constantly gave me
advice on the quality of information and helped me in completing my project.
Lastly I would like to thank our library staff for helping me in collecting the material and the
required books for the project.

Tejinder Singh

TABLE OF CONTENTS

ACKNOWLEDGMENT.............................................................................................. 2
TABLE OF CONTENTS............................................................................................. 3
LIST OF ABBREVIATIONS........................................................................................ 4
INTRODUCTION...................................................................................................... 5
CONCEPT OF VICTIM.............................................................................................. 6
DEFINITION OF VICTIM........................................................................................... 6
THEORIES OF VICTIMIZATION................................................................................. 7
COMPONENTS OF CRIMINAL JUSTICE SYSTEM........................................................9
Law Enforcement................................................................................................ 9
Prosecution......................................................................................................... 9
Defense Attorneys.............................................................................................. 9
Courts................................................................................................................. 9
Corrections......................................................................................................... 9
VICTIM AND THE CRIMINAL JUSTICE SYSTEM.......................................................10
THE VICTIM AS VICTIM OF THE CRIMINAL JUSTICE SYSTEM..................................11
VICTIM SERVICES................................................................................................. 12
GRIEVANCES AND PROBLEMS OF VICTIMS...........................................................12
CONCLUDING REMARKS....................................................................................... 14

LIST OF ABBREVIATIONS
AIR

All India Reporter

All

Allahabad

Bom LR

Bombay Law Reporter

Cal

Calcutta

DE

Delhi

Guj

Gujarat

Ker

Kerala

Ltd

Limited

MANU

Manupatra

Mh LJ

Maharashtra Law Journal

Ori

Orissa

P&H

Punjab and Haryana

SC

Supreme Court

SCC

Supreme Court Cases

SCR

Supreme Court Reporter

TN

Tamil Nadu

VICTIMIZATION IN CRIMINAL JUSTICE SYSTEM

INTRODUCTION
From late 1989 to late 1993, in the Australian state of New South Wales, a dozen or so young
tourists had gone missing along one of the countries major highways. Many of the bodies
were later found in the Belanglo State Forest, in varying stages of decay. Some traveled in
pairs, others alone. They were both males and females, aged between 19 and 22. They come
from different backgrounds, different countries, and were traveling to different destinations.
Despite these differences, all of the victims shared a common characteristic that linked them:
they were hikers and backpackers. These similarities had the possibility of providing
investigators with a clue about the likely perpetrator of the crimes, and provide the profiler
with vital information not only about the perpetrator, but about the victims themselves.
Collectively, this information is referred to as "Victimology," or the study of victims: an
examination of every facet of their lifestyle, background, health, and physical characteristics.
It is hoped that through an in-depth examination of the victims, we may know the perpetrator
a little better.
The criminal justice system is the set of agencies and processes established by governments
to control crime and impose penalties on those who violate laws. There is no single criminal
justice system in the United States but rather many similar, individual systems. How the
criminal justice system works in each area depends on the jurisdiction that is in charge: city,
county, state, federal or tribal government or military installation. Different jurisdictions have
different laws, agencies, and ways of managing criminal justice processes.

CONCEPT OF VICTIM
The role, importance and visibility of the victim have varied greatly in human societies.
These variations reflect the historical evaluation of legal concepts, as well as diverse
approached to the interpretation of such notions as that of individual responsibility.
The concept of the victim is an ancient one that is found in many cultures and that is
inextricably intertwined with religious sacrifice. Early religious rituals from all parts of the
world embody the idea-and often the practice-of divine, human or animal sacrifice. Epics and
mythology offer numerous examples of symbolic sacrifices of victims. Before societies
created law or rules, law and order originated in the individual. The victimized person
himself chooses the offenders punishment and, if possible, inflicted it. Revenge was the
driving force of such individualist justice, and deterrence was its chief aim. The need for
security as well as the desire to prevent future attacks often meant that pre-emptive raids were
conducted. Thus, in early societies the relationship of criminal and victim basically reflected
a raw struggle for power and survival, and the right of the individual victim to take
vengeance was of paramount importance.

DEFINITION OF VICTIM
The connotations of term victim vary in different legal, social, psychological or
criminological contexts. The penal codes of the erstwhile USSR describe the victim as
follows.
Those who have as a direct result of a crime suffered moral physical or material damage;
1. Those who have suffered physical, moral, or material damage throw and attempted
offence;
2. Those whose material damage caused by the crime was made good after the crime,
either by the criminal himself or with the help of Militia or of an individual action;
3. Close relation of person who died as a result of a crime.
From the legal stand point, Fattah (1966) observed-

The Victim may be specific such as physical or moral person (Corporation, State, and
Association) or non specific-and an abstraction.
Quinney (1972)The victim is a conception of reality as well as an object of events. All parties involved in
sequence of actions construct the reality of the situation. And in the larger social contacts, we
all engage in common sense construction of the crime, the criminal, and the victims
Separovic (1975) statedWe consider a victim as anything, physical or moral person who suffers either as a result of
ruthless design or accidentally. Accordingly we have victim of crime or offence and victims
of accidents.
Castro(1979)A Victim is a variable of crime or is an accident producing factor for others and for him.

THEORIES OF VICTIMIZATION
A number of theories have been advanced to explain some of the findings indicated above.
Life-style theory, for example, argues that certain life-styles increases one's exposure to
criminal offenses and increases risk of victimization, while other life-styles might reduce risk.
For example, increased risk would be likely if a person is single, associating with other young
men (who are at greater risk for criminal activity), living in urban areas, and going to public
places late at night. Reduced risk would be associated with staying home at night, living in a
rural area, being married and staying at home, and earning more money. According to this
explanation, the probability of crime depends partially on the activities of the victim. Crime
is more likely when victims place themselves in jeopardy.
This explanation would account for some of the findings with respect to victimization. For
example, although the elderly are more fearful of crime (perhaps because they are more
vulnerable), they go out less and take more precautions when they do. Women also tend to
take more precautions, and are more likely to be accompanied be accompanied by a male or a

group, rather than alone. Living in an urban area should increase risk, because crime is more
common in urban areas and the likelihood of detection is lower.
The Proximity hypothesis suggests that crime is less a function of life-style, but rather is
based on close proximity.

Victims and criminals live in the same high crime areas,

characterized by poor, densely populated, highly transient neighbourhoods. The probability

of being victimized is more a function of where one lives than one's lifestyle. Proponents of
this argument point out that typically criminals do not go far from home to commit their
crimes, and thus other people in their own neighbourhoods will be more at risk.
A related concept is the equivalent group hypothesis, which points out that criminals and
victims overall share similar characteristics because they are not entirely separate groups.
People who commit crimes are probably at higher risk for victimization, both because of
proximity to other criminals and because of their own lifestyles, which involve going out at
night and associating with other young males who are involved in crime.

In such

associations, they place themselves at risk for becoming the victim of crimes themselves.
Some support for this concept comes from research that indicates that crime victims as a
group self-report a high amount of criminal activity. This hypothesis does not indicate that
all victims are criminals, but that criminals as a group are at higher risk for becoming victims
at some point because of the high-risk nature of their activities and associations.
Routine activities theory argues that victimization is dependent on the routine activities of
people's daily lives. The volume and distribution of predatory crimes depends on (1) the
availability of suitable targets; (2) the absence of capable guardians; and (3) the presence of
motivated offenders. In other words, as people move about, there must be opportunities
(suitable targets), and it must appear that no one will be present, or that no one will intervene
if they do observe the crime. "Capable guardians" refers to citizens who are watchful and
who would take effective action if the saw criminal activity. Of course, even if there were
opportunities and no one to observe activity, crime would not occur if they were not
motivated to commit a crime.
Routine activities theory accounts for the increase in crime since the 1960s as a function of
changes in activities. For example, the traditional neighbourhood in the city has declined as
many people have left for the suburbs, leaving fewer capable guardians. There are less
people at home. Partly this is because more women have entered the workforce rather than

staying home, but perhaps more importantly more people have automobiles and more places
available for them to go, and simply stay home less. The volume of wealth that can be easily
transported has increased. Such changes have meant that there are more opportunities for
crime as a function of people's daily routines. Most of Western Europe, Australia, Canada,
and the United States have all experienced increases in crime in the latter part of the 20th
century, and many of these changes have occurred in these countries.

COMPONENTS OF CRIMINAL JUSTICE SYSTEM

Most criminal justice systems have five components-law enforcement, prosecution, defense
attorneys, courts, and corrections, each playing a key role in the criminal justice process.

Law Enforcement: Law enforcement officers take reports for crimes that happen in
their areas. Officers investigate crimes and gather and protect evidence. Law enforcement
officers may arrest offenders, give testimony during the court process, and conduct follow-up
investigations if needed.

Prosecution: Prosecutors are lawyers who represent the state or federal government
(not the victim) throughout the court process-from the first appearance of the accused in court
until the accused is acquitted or sentenced. Prosecutors review the evidence brought to them
by law enforcement to decide whether to file charges or drop the case. Prosecutors present
evidence in court, question witnesses, and decide (at any point after charges have been filed)
whether to negotiate plea bargains with defendants. They have great discretion, or freedom,
to make choices about how to prosecute the case. Victims may contact the prosecutor's office
to find out which prosecutor is in charge of their case, to inform the prosecutor if the defense
attorney has contacted the victim, and to seek other information about the case.

Defense Attorneys: Defense attorneys defend the accused against the government's
case. They are ether hired by the defendant or (for defendants who cannot afford an attorney)
they are assigned by the court. While the prosecutor represents the state, the defense attorney
represents the defendant.

Courts: Courts are run by judges, whose role is to make sure the law is followed and
oversee what happens in court. They decide whether to release offenders before the trial.
Judges accept or reject plea agreements, oversee trials, and sentence convicted offenders.

Corrections: Correction officers supervise convicted offenders when they are in jail, in
prison, or in the community on probation or parole. In some communities, corrections
officers prepare pre-sentencing reports with extensive background information about the
offender to help judges decide sentences. The job of corrections officers is to make sure the
facilities that hold offenders are secure and safe. They oversee the day-to-day custody of
inmates. They also oversee the release processes for inmates and sometimes notify victims of
changes in the offender's status.

VICTIM AND THE CRIMINAL JUSTICE SYSTEM

One important and basic factor in the administration of criminal justice is the victims
decision as to whether he should invoke the judicial process. There are a number of motives
and factors responsible for the wide gap between the actual volume of the crime and the
reports made to the police about it.
Only in the 1940s did scholarly interest in the criminal-victim relationship develop, although
the founders of criminology had been aware of how crucial it was. Hans Von Hentig,
Benjamin Mendelsohn, and Henry Ellenberger, the last in his study of the psychological
relationship between the criminal and his victims.
It is a parody on the vagaries of the criminal justice systems of the Developing World that
inspite of Thirty years of Independence there has been no conceptual study or empirical
research regarding the victims of criminal offences.
A movement for the recognition of the modern victim of crime as deserving more effective
remedy than the traditional practice of bringing civil suits was begun by the English penal
reformer Margery Fry in 1955. Her call for reform was heeded in New Zealand in 1963,
when that countrys parliament established the first crime compensation tribunal. This board
has discretionary power to award public compensation to the victim or his dependants in the
case of certain specified offences. The next year, Great Britains Tory government announced
a similar but non statuary program. In the United States the first jurisdiction to adopt the
compensation principle was California; which enacted its programs in 1965 and put it into
operation two years later. Since that time, similar or related programs have been established
in some thirty states in the United States and in all the Canadian, provinces. Financial

restitution by the offender to the victim represents another development in the legal handling
of the victim, in the United States, at least forty normal restitution programs are in operation.

THE VICTIM AS VICTIM OF THE CRIMINAL JUSTICE

SYSTEM
Students and professionals in the criminal justice system have become increasingly aware
that the victim of a criminal often becomes the victim of criminal justice system as well as
once the victim reports his victimization to the police-the gateway to the criminal justice
system-he routinely faces postponements, delays, rescheduling, and other frustrations. All
their means loss of earnings, waste of time, payment of transportation and other expenses,
discouragement, and the painful realization that the system does not live up to its ideals and
does not serve its constituency, but instead serves only itself. Many believe that the victim is
the most disregarded participant in criminal justice proceedings. In practice, after the victim
has reported his victimization and provided information to the police, he may not hear from
the police or the prosecutor for a long time, if ever, cases are disposed of without any
consultation with the victim if and when the victim is called for the trial, he is treated simply
as the witness for the state and is subject to long delays, postponements, and other frustrating
experiences.
Newly focused attention has brought professional recognition to the victims plight at the
hands of the criminal justice system: As a result, innovative proposals have been
implemented to create victim assistance programmes, to provide the victim with legal and
social referral services, to honor his right to be consulted and to offer his opinions when the
prosecutor plea bargains with the accused, and to totally revamp the compensation-restitution
idea. Some police departments report to victims the progress being made in investigating and
solving their cases, and communities may provide such services as rape crisis centers and
spouse abuse shelters to assist crime victims by intervening in the crisis and referring the
victims to community and others resources in the case of rape, the womens movement has
spurred victimologists-mostly males-to give more equitable and balanced attention to the
issues surrounding what some have called the most despicable but least punished crime.
Attention to the victim calls for an examination of the appropriate remedies for victimization.
Too often the remedies offered to poor victims reflect middle-class values. The victims point
of view should be sought when systems are developed for compensating crime victims, and

the concept of relative loss should be introduced in debate and deliberations for
compensation.

VICTIM SERVICES
The development of new programs and legislation has resulted from the study of victims.
Such programs have included:
i.

Victim compensation programs, in which the state pays some of the financial costs of

ii.
iii.

the victim, particularly with respect to violent crime

Court services, which provide information and assistance to victims
Crisis intervention and counselling programs for victims, particularly in the case of

iv.

rape
Self-protection programs that teach people how to avoid victimization (target
hardening) and how to mobilize as a community to prevent victimization (such as
neighbourhood watch)

There has also been an ongoing debate about victim's rights, and what those rights ought to
be. Should relatives of victims be allowed to speak and discuss the impact of the crime at
parole hearings or at death penalty hearings? (Many states now provide for this measure).
Should citizens be warned when an ex-felon moves into their neighbourhood? Some people
believe that they should have the right to know and protect themselves. Others believe that
the felon has completed his punishment and should be allowed the opportunity to rehabilitate
himself without potential harassment from others.
This issue has been particularly debated with respect to "Meghan's Law," a law proposed by
the parents of a child murdered by a child molester. The perpetrator had a prior history of
molestation, and lived in Meghan's neighbourhood. The parents maintained that had they
known of his past, they would have taken more precautions. The proposed law, which has
been passed in some states, allows neighbourhood residents to be informed when a sex
offender moves into their neighbourhood. There has been controversy because some former
offenders have been driven from neighbourhoods, and have difficulty finding a place to live-and who have served their sentences. These issues are far from resolution.

GRIEVANCES AND PROBLEMS OF VICTIMS

The grievances of the victims can be summarized as follows1. Inadequacy of the law in allowing the victim to participate in the prosecution in a
criminal case instituted on a police report
2. Failure on the part of the police and prosecution to keep the victims informed about
progress of the case
3. Inconvenience during interrogation by the police and lengthy court proceeding.
4. Lack of prompt medical assistance to the victims of body offences and victims of
accident.
5. Lack of legal assistance to the victim.
6. Lack of protection when the victims are threatened by the offender.
7. Failure in restitution of victim.
Along with these grievances, the victims of crimes faced multifarious problems:
i.
ii.
iii.
iv.
v.

Economic strain of the family

Change in Social role of dependents.
Frustration and helplessness leading to suicide.
Social stigma.
Emergence of criminal behaviour.

An important aspect of investigating a violent crime is an understanding of the victim and the
relation that their lifestyle or personality characteristics may have contributed to the offender
choosing them as a victim. Please do not misunderstand the previous statement. In no way
are victims being blamed for becoming a victim of a violent crime. Even high risk victims
(to be described shortly) have the right to live how they wish without becoming a victim of
the type of offenses described on this site. Yet the fact remains, that to understand the
offender, one must first understand the victim.
Victims are classified during an investigation in three general categories that describe the
level of risk their lifestyle represents in relation to the violent crime that has been committed.

The importance of understanding this in an investigation is directly related back to the level
of risk to the offender during the commission of the crime. This information is important to
the investigation to better understand the sophistication or possible pathology of the offender.
High Risk Victims - Victims in this group have a lifestyle that makes them a higher risk for
being a victim of a violent crime. The most obvious high risk victim is the prostitute.
Prostitutes place themselves at risk every single time they go to work. Prostitutes are high
risk because they will get into a stranger's car, go to secluded areas with strangers, and for the
most part attempt to conceal their actions for legal reasons. Offenders often rely on all these
factors and specifically target prostitutes because it lowers their chances of becoming a
suspect in the crime. Therefore, in this example, the prostitute is a high risk victim creating a
lower risk to the offender.
Moderate Risk Victims - Victims that fall into this category are lower risk victims, but for
some reason were in a situation that placed them in a greater level of risk. A person that is
stranded on a dark, secluded highway due to a flat tire that accepts a ride from a stranger and
is then victimized would be a good example of this type of victim level risk.
Low Risk Victims - The lifestyle of these individuals would normally not place them in any
degree of risk for becoming a victim of a violent crime. These individuals stay out of trouble,
do not have peers that are criminal, are aware of their surroundings and attempt to take
precautions to not become a victim. They lock the doors, do not use drugs, and do not go into
areas that are dark and secluded.

CONCLUDING REMARKS
The victim is essentially an inseparable part of crime. Therefore the phenomenon of crime
cannot be comprehensively explained without incorporating the victim of a crime. Crime
victim, despite being an integral part of crime and a key factor in criminal justice system,
remained a forgotten entity as his status got reduced only to report crime and appear in the
court as witness and he routinely faces postponements, delays, rescheduling, and other
frustrations. All their means loss of earnings, waste of time, payment of transportation and
other expenses, discouragement, and the painful realization that the system does not live up to
its ideals and does not serve its constituency, but instead serves only itself. Many believe that
the victim is the most disregarded participant in criminal justice proceedings. It is, therefore,

the Indian Higher Courts have started to award the compensation through their writ
jurisdiction in appropriate case.