Crime Victims Protection System

Only with the possession of a comprehensive victim's protection system, can any modern country justify the claim to fully respect human rights and human dignity. The victim's protection system can be specifically built on the twin foundations of the litigation procedures and social structures– the former provides for the protection of the victim on basis of his redefined role in juridical procedures and the resulting realignment in power relationships; the latter is represented by the financial compensation system for victims.This thesis will draw upon research from constitution law, criminal law, criminal litigation studies, sociology, criminology, victim studies and psychology to attempt to construct a comprehensive victims'protection system that takes into account the victim's rights and needs. Chapter One will introduce the research motives, objectives, method and parameter of this thesis. Chapter two will examine and introduce the specific and essential features and the litigation-related aspects related international development of a victim protection system. Chapter three explores the theoretical foundation for the victim's protection, which is based on his human and constitutional rights. Inadequacies in current criminal procedures and provisions for the protection of victims are addressed and analyzed. Furthermore, Chapter three will discuss the theoretical underpinning for the system, with additional inputs from the fields of social, criminal strategy and crime prevention policies. The victims of crime should be compensated in measures commiserate with the enormity of the crime suffered, in order to mitigate and to mollify the suffering of victim financially, physically and psychologically. Chapter four seeks to further explore and understand the basis for the victim's protection in the context of his role, position and rights and the relation of these in existing legislation. Apart from initiating the criminal proceedings, the victim plays no other specific functional roles throughout. Even as a witness, the victim is essentially just an accessory in the investigation process. And because of this, the protection and privileges afforded to the victim are manifestly inadequate.In order that the victim is accorded the necessary protection, it is boldly proposed that a new role be assigned specifically for the victim. Apart from assuming traditional passive roles such as litigants and witnesses, it is further proposed that the victims take on"plaintiff"role or a more proactive"acting-plaintiff"role, thereby raising the victim's profile in the process. This will also serve to rebalance in a new light, the powers accorded to victims during the investigative, trial and even implementation processes. Chapters five, six and seven will discuss the victims'right to information, involvement in criminal proceedings, and the victims'rights during criminal proceedings and basis for utilizing all these to construct judicial processes with considerations for victim's protection. Although in doing so, it is unavoidable that this may sometimes conflict with the existing legal framework and operational procedures. However, after the various victim's rights are explored, explained and analyzed in this thesis and the practicality of the proposed measures given due consideration, the proposed redefinition of the victim's role and the realignment of victim's powers in the judicial process is not only theoretically necessary but operationally viable as well. Hence it is the conclusion of this thesis that with a firm theoretical foundation, there is a case for reevaluating the existing judicial processes with an eye to implementing the above mentioned changes such that victim's rights and dignity will be adequately guaranteed.Victims of crime, have in the past, been largely neglected as far as the various measures designed for the protection of victim are concerned. While theoretically, they have recourse through compensation via civil litigation or through insurance claims, in practice; few pursue these avenues due to ignorance or limitation of resources. In light of the emphasis on human rights these days, this is a glaring omission. That"the right to live, the right to work, and the right to own property shall be guaranteed to the people."are the basic intentions of the social insurance system. Victims of crime are entitled absolutely to the protection and assistance of the state. And given the level of economic development today, the state is able to assume and shoulder this financial responsibility. Hence there is a pressing need to establish a system to compensate the victims of crime.Therefore, Chapter eight will focus on the contents of a compensation system for the victims of crime and will discuss the parameters, subject, suitability and circumstances for compensation, as well as the compensation amount and the implementation. Chapter nine will contain the conclusions of this thesis as well as specific suggestions for areas of further studies.This thesis anticipates the government's establishment of a victim's compensation system and its renewed emphasis of the victim's interest during criminal proceedings. Hopefully this two measures will act in tandem as the precursors leading to the eventual development of a comprehensive victim's protection system that can be further supplemented by civil bodies and welfare organizations so that future victims of crime can receive the necessary care, assistance and support that is in accordance with their rights as human beings and in doing so, ensure that social justice prevails.