Justice for Victims Crime Prevention and Criminal Justice

Justice for Victims Crime Prevention and Criminal Justice [E 4 J]

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 criminology Criminal victimology

Impact of victimization • • • Material; Physical; Mental, psychological, emotional; Economic; Spiritual, and religious.

How are victims exposed to crime? Recurring victimization Repeat victimization Revictimization Secondary victimization • When a person is victmizaed in the same way repetedly • When a person is victimized more than once in the same way, usually in a short period of time. • When a person is victimized again. • Can take place following the crime. Refers to others’ attitudes, beliefs, to 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 orderly and predictable place People get what they deserve Secondary Victimization Blame victim’s character/behavior for victimization Evaluate character of victim in a negative way Distancing oneself from the victim Evaluate the victimizing event in a positive way

Maslow’ basic human needs Self actualization 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, 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 Ø Challenges and responses to: a) transnational organized crime and new forms of crime and b) cross-border victimization Ø The internet and social media Ø The example of the #Me. Too 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 @Doha. Declaration e 4 j@unodc. org/dohadeclaration unodc. org/e 4 J