Tuesday, October 8, 2013
G. S. Bajpai (National Law University, Delhi) has posted Locating the Crime Victim in Criminal Procedure Ideologies on SSRN. Here is the abstract:
Crime victims receive varied treatment in the systems of criminal justice world over. While there is no specific labeling to identify these systems in most countries, there appears certain underlying values which suggest the ideological focus of a particular system of criminal justice. The ideological leaning of a criminal procedure model has a detrimental impact on the kind of response a crime victim is likely to receive in the system. Based on their values, the present paper identified certain models of criminal procedure which include due process & crime control, punitive & non-punitive, victim participation, victim satisfaction, fairness to victim and procedural justice. The present paper examined the contents and character of these models to understand the place and positioning of crime victims in them. The paper underscored that criminal procedure model prevalent in a particular nation has a priority and ideology which gives direction to the criminal process and the chances of crime victim getting a particular treatment depends on the same. It has been logically argued in the paper that the wholeness of idea of justice remains highly deficient without crime victim being given due space in it. Recent trends in many countries with regard to criminal procedure vis-a-vis crime victim have also been discussed in this study.