Introduction: The Shifting of the Lens in the Direction of the Victim
The criminal justice system has entirely centered on the offender, over the decades, identifying, prosecuting, and punishing the individuals who commit criminal acts. Nevertheless, the voice of the victim is simply silenced in the process. Victimology is a new major in the study of criminology that is aimed at redressing this disproportion. It looks at crime in the victim perspective, the emotional, psychological, and social effects of crimes. More to the point, it requires that justice systems do not assume that the victims are only witnesses, but consider them rather as key players and their experiences and rights should be as valued as those of other participants.
1.The Victimology Concept and Scope
Victimology is a scientific examination of the victims and their contribution in criminal incidents, their relationship with criminals and the courts of law. The field of research evolved in the middle of the 20th century and is aimed at comprehending the victimization patterns, the risk factors which influence its occurrence, and the reactions of the society to crime victims. The pioneers of victimology such as Benjamin Mendelsohn and Hans von Hentig classified the victims according to their conduct and their susceptibility, which formed the foundations of the contemporary theories of victimization. Victimology is a multidisciplinary discipline nowadays; it combines the input of criminology, psychology, sociology, and law into developing a holistic view of what the victims are going through. Victimology is also vital in formulation of policies because it informs the process of establishing victim support programs, legal reform, and restorative justice practices. It attempts to transform offender-centered to justice systems that are inclusive of victims through research and advocacy.
2. Victims of Criminal Justice System: The Road to a Bumpy Ride
Although victims are the key figures in the crime phenomenon, the path they go through the justice system is usually hurting and complicated. Having suffered the victimization process of being a victim of a crime, many victims are victimized again, through sensitive treatment at the hands of the law enforcement agencies, the law, or the media. They may be: Left out of such critical phases of the investigation or trial; Lack of knowledge concerning case developments; Shocked with prolonged treatments and cross-examinations. This failure in the institution can further aggravate their mental distress, and they can no longer trust the system that is supposed to be their guaranty. Victimology points out these weaknesses in the system and demands procedural changes that enhance the dignity and emotional support of the victims during the court proceedings.
3. Development of Rights and Law of Victims
The idea of recognizing the rights of victims is a comparatively new development in the world legal history. Until the 1970s, the majority of legal systems only counted the victim as a witness in the case which the state prosecuted the accused with. The Victims Rights Movement that had emerged in Western countries was aimed at reversing this story. Gradually, numerous nations such as India have emerged with laws and policies as well as compensation plans aimed at empowering victims. Much in India has been achieved by way of amendments to the Code of Criminal Procedure (CrPC) and decisions made by the Supreme Court on the need to treat and compensate the victim fairly. The Justice Malimath Committee Report (2003) also supported the move to a victim-focused system, which guarantees the involvement, safety, and redemption. These reforms underscore the increased idea that justice must not only reprimand offenders but to build the confidence and trust of the victims in the rule of law.
4. Restorative Justice: Repairing the World by talking and taking responsibility
Restorative Justice (RJ) is one of the most disruptive concepts to have cropped up owing to victimology. Restorative justice is a form of punitive justice that aims at repairing harm through communication, empathy, and accountability instead of punishment as is the case in conventional punitive justice. It brings the victim, the offender and the community together in a process of mutual understanding and healing. RJ practices provide victims with the opportunity to explain the effect of the crime on them and pose questions to them and they can be given direct apologies, and the offenders must be made to face the actual human implications of their deeds. This model is also able to reduce reoffending rates, but also makes the victims feel empowered by legitimizing their pain and allowing them agency in the justice process. Successful application of RJ frameworks has been practiced by such countries as New Zealand, Canada and South Africa, which encourages similar undertakings in the rest of the world.
5. The Social and Psychological aspects of victimization
In addition to legal and procedural, victimology deals with the psychological effects of crime on both people and societies. The victims may develop post-traumatic stress disorder (PTSD), anxiety, depression, fear, and withdrawal. The magnitude of trauma is usually determined by the nature of the crime, the strength of the victim and the amount of social support the society can bring. The attitude of communities is also very crucial- victim of sexual assault, in particular, may experience stigma and disbelief, which underreporting and resulting distress. Contemporary victimology is keen on the significance of psychological counseling, trauma-oriented police work as well as community awareness in order to guarantee that victims undergo comprehensive recovery and not merely legal compensation. The identification of these dimensions will aid in developing a justice system that does not only adjudicate but also heals.
6. Victim Compensation Schemes and Victim Support Systems
The practical support and compensation mechanisms are an important component of victim-centered justice. In India, a number of state-wise victim compensation plans have been initiated under Section 357A of the CrPC that offers financial support to victims of acts of violence, sexual assault and acid attack. Moreover, the non-governmental organizations (NGOs) and legal aid services are essential in providing counseling, shelter and advocacy. But accessibility and awareness is an issue. An inclusive system should be able to provide such support to even the worst offenders who are victims regardless of their socioeconomic status or geographic regions.
7. The Way Forward: Towards a Victim-Centered Justice System
As the worldwide perception of justice is changing, it is becoming more evident that the victims are not only the secondary actors but critical stakeholders of justice. Governments, legal institutions, and civil societies need to work together and come up with systems that emphasize empathy, protection, and participation. Such important measures forward will be: Empowering victim support and psychological aid. Maintaining regular contact and information concerning law proceedings. Advocating education on the right of the victims. Educating police and judicial officials by training them in victim-sensitive methods. A justice system that is able to listen to victims does not only provide equity but also restores social trust and morality to society.
Conclusion:
Redefining Justice in the view of the wretched. Victimology helps us to remember that justice is not just a court decision, but a process of healing and restoration as a human being. The societies can shift towards systems that give more importance to compassion than punishment by listening to the views of the victim. The victim-centered criminal justice system does not undermine the rule of law; it empowers it by making sure that all the people who have been harmed by crime are seen, heard, and restored. By so doing, we get to the brink of a kind of justice that is actually beneficial to the human race.
References
1. Mendelsohn, B. (1956). A New Branch of Bio-Psycho-Social Science, Victimology. Revue Internationale de Criminologie et de Police Technique, 10, 782–795.
2. Von Hentig, H. (1948). The Criminal and His Victim: Studies in the Sociobiology of Crime. Yale University Press.
3. Karmen, A. (2016). Crime Victims: An Introduction to Victimology (9th ed.). Cengage Learning.
4. Fattah, E. A. (2010). Victimology: Past, Present and Future. In Shoham, S. G., Knepper, P., & Kett, M. (Eds.), International Handbook of Victimology. CRC Press.
5. Shapland, J., Willmore, J., & Duff, P. (1985). Victims in the Criminal Justice System. Gower Publishing.
6. Zehr, H. (2002). The Little Book of Restorative Justice. Good Books.
7. United Nations Office on Drugs and Crime (UNODC). (2020). Handbook on Justice for Victims: On the Use and Application of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. United Nations.
8. Malimath Committee Report. (2003). Report of the Committee on Reforms of Criminal Justice System. Government of India, Ministry of Home Affairs.
9. Government of India. (2008). The Code of Criminal Procedure (Amendment) Act, 2008, Section 357A — Victim Compensation Scheme.
10. Van Dijk, J. J. M., van Kesteren, J., & Smit, P. (2007). Criminal Victimisation in International Perspective: Key Findings from the 2004–2005 ICVS and EU ICS. Boom Juridische uitgevers.
Author Bio
