NCJ Number
231070
Date Published
2010
Length
37 pages
Annotation
This chapter explores the conflict within the adversarial criminal justice system in England and Wales with the victim acting in the role of a principal participant or as an accessory to the principal participants (judge, prosecutor, and offender).
Abstract
The evidence on confidence in criminal justice and the courts indicates that the views of the public are intimately tied up with what happens to the victim, or rather, the system's failings in respect to the victim. The victim's role as an important actor pretrial becomes reincarnated, for the trial process, as that of a prosecution witness. For many victims it may be viewed as no more than the role of a spectator member of the public. Although the trial process is the part of criminal justice where the minimalist cast of actors (judge, prosecutor, and offender) is most dominant, the victims go unacknowledged as victim, as far as consideration or place in court. Even after conviction, the role of victim has not been properly addressed. It is suggested that the victim, at conviction, be allowed to emerge from the witness cloak and be treated as a person: a person whose hurt is acknowledged, who has useful information, which may have helpful views, and who may be able to assist in what might help the offender and society. This chapter explores the tension between the minimalist cast and the additional participants, concentrating on the victim. The victim appears as a bit player in cast lists for both trials and sentencing. It is argued that there has been an unfortunate tendency to conflate the victim's role in the two parts of the process. Notes and references