Documente Academic
Documente Profesional
Documente Cultură
ON
VICTIMOLOGY AND
EMERGING TRENDS
15/09
10th semester
2009-14
CONCEPT OF VICTIMOLOGY IN INDIA
The victim is the forgotten man of our criminal justice system. He sets the
criminal law in to motion but then goes into oblivion. The present code of
criminal procedure does not recognize the right of victim to take part in the
prosecution of the case instituted on the basis of police report. The victim is
merely a witness in a State versus case. He has no rights to prefer appeal
against the order of acquittal of the accused by trial court in a criminal
case started by State. The State reserves the discretion not to prefer and
also to withdraw from the prosecution even in heinous offences. The victim
of crime becomes the victim of our criminal justice system when the political
motivated investigation agency or prosecuting agency shows lack of interest
or apathy in the matter of investigation or prosecution on extraneous
consideration.
The Supreme Court has forged new tools, devised new methods and adopted
new strategies for the purpose of making fundamental rights meaningful
even to the victims of crime of crime in AIR 1995 SC 14, the Supreme
Court directed the State of Uttar Pradesh to suspend and start disciplinary
action against two police officers and one medical officer for making
perfunctory investigation of rape case to pay the amount of Rs.2,50,000/- as
compensation.
The duty of Court while trying rape cases : The police, court and lawyers
should come forward to provide all sorts of assistance to victims of rape.
Courts must deal with such cases with utmost sensitivity. The court should
examine the broader probabilities of case and not get swayed by minor
contradictions or insignificant discrepancies in witness statements. The court
should also provide adequate financial assistance to the victim of rape. It
could also award interim compensation as in Rathinam / State of Gujarat
the court awarded interim compensation to tribal woman who was illegally
raped in police custody in the presence of her husband. Sum of Rs.50,000/-
was provided by the State of Gujarat. Apart from providing financial
assistance the victim should be provided medical, social, psychological
assistance which would help her to come out of her trauma.
U/s. 18(3) of the protection of Human Rights Act 1993 National Human
Rights Commission has powers to advance the cause of compensatory justice
to the victims of Torture.
There is ample scope of law reform to protect the victims of sexual offences
in general and the victims of rape in particular. Evidence Act be amended
suitably. Evidence of victim be taken in close room. Defense counsel be
prohibited from putting question on past character of victim. Judges and
prosecutors may be sanitized to the need of evaluation of evidence of victims
of rape.
Though there is a need of legislation in the field, it is equally essential to
implement the existing provisions. The people should be aware of these laws
for their effective implementation. All concern responsible citizen should take
effective steps to implement the provisions under law.
There is a need to see for the criminal Justice reforms and victims’ rights
organizations to become more active. Govt. of Maharashtra women and child
development Dept., various Boards and women commission should become
active in formation of the group to help such victims of crime.
Victimology
Until recently, victims were not studied. They tended to be seen as passive
recipients of the criminal’s greed or anger, “in the wrong place at the wrong time.”
The study of victims, known as victimology, has resulted in theoretical and research
studies, and an awareness of the victim has grown in the public consciousness.
There is now recognition that victims have traditionally not been treated
particularly well by the criminal justice system. Victims suffer not only during the
crime, but that there are also sometimes physical and psychological complications.
Perhaps the first theory to explain victimization was developed by Wolfgang in his
study of murders in Philadelphia. Victim precipitation theory argues that there are
victims who actually initiated the confrontation that led to their injuries and
deaths. Although this was the result of the study of only one type of crime, the idea
was first raised that victims also might play a role in the criminal activity.
• Crime occurs more in open public areas, although rapes and simple assaults
tend to occur in homes.
• Western urban areas have the highest crime rates, while the Northeast rural
areas have the lowest.
• The National Crime Survey indicates that 25% of U.S. households have at
least one individual who was victimized in some way during the past year.
• Personal theft is very common. About 99% of Americans will be the victim of
personal theft at some time in their lives, and 87% will be a theft victim three or
more times.
• Men are twice as likely as women to be victims of robbery and assault. The
violent victimization rate for females has been fairly stable, but there has been a
20% increase for males in the last 15 years.
• Victim risk diminishes rapidly after age 25. Contrary to popular belief,
grandparents are safer than their grandchildren.
• Strangers commit about 60% of violent crimes. However, females are more
likely to know their assailants.
• In some studies, over half of offenders report being under the influence of
alcohol and/or other drugs when they committed the offense resulting in
incarceration.
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
neighborhoods. 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 neighborhoods 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 accounts for the increase in crime since the 1960s as a
function of changes in activities. For example, the traditional neighborhood 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.
Victim Services
The development of new programs and legislation has resulted from the
study of victims. Such programs have included:
• Victim compensation programs, in which the state pays some of the financial
costs of the victim, particularly with respect to violent crime
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 neighborhood? 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 neighborhood. 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
neighborhood residents to be informed when a sex offender moves into their
neighborhood. There has been controversy because some former offenders have
been driven from neighborhoods, and have difficulty finding a place to live--and who
have served their sentences. These issues are far from resolution.
CONCEPT OF VICTIMOLOGY
1. Victims with minor guilt and victims of ignorance such as pregnant women
who go to quacks for procuring abortions
2. Voluntary victims, such as the ones who commit suicide or are killed by
euthanasia.
3. victims who are more guilty then offenders such as persons who provoke
others to commit crimes.
the criminal type of victims who commits offences against others and
DEFINITION OF VICTIM
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.
CHARACTERSTICS OF VICTIMS
Von Henting made the first ever study of the role of victim in crime and found some
general characteristics among them which may be summarized as follows;
The poor and ignorant immigrants and those who are requisitive or greedy are the
victims of offences involving frauds.
1. Quite often the victims of larcency (theft) are intoxicated or sleeping persons.
Among “general classes of victims”, Von Hentig includes the young, females, the old,
the mentally defective and deranged, the intoxicated immigrants, members of
minority groups and the “dull normal”.
One important and basic factor in the administration of criminal justice is the
victim’s 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.
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 victim’s 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 women’s 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 victim’s 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.
Along with these grievances, the victims of crimes faced multifarious problems:
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.
CONCLUSION
It is, therefore, the Indian Higher Courts have started to award the compensation
through their writ jurisdiction in appropriate cases.
BIBLIOGRAPHY