TITLE

Victim and Society: Sharing Wrongs, but in Which Roles?

AUTHOR(S)
Lernestedt, Claes
PUB. DATE
January 2014
SOURCE
Criminal Law & Philosophy;Jan2014, Vol. 8 Issue 1, p187
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This paper discusses what kinds of conflicts arise when a crime has been committed, and with whom-and in which of their possible roles-the offender should be seen as having such conflicts. The possible roles of the victim are in focus, as is the constitutive role of the act of criminalizing a certain kind of behavior. It is argued that while in the tort conflict the victim should be seen as a party qua him- or herself in a 'fuller' sense (and with full freedom on how to handle the conflict, including dropping it), in the criminal law conflict it is community, the 'we', that should be looked upon as the party to the conflict with the offender. The victim should not be seen as excluded from the criminal law conflict, though: to the contrary, he or she is a member of community and has an important role to play. This role, however, needs to be strictly defined in a way that gives the victim the function of a certain kind of representative for 'us', the community. This role should not allow the victim much room to influence how the criminal law conflict is handled. The model I am suggesting presupposes-I think, at least-that criminal law conflict and tort conflict should be handled together at the same trial.
ACCESSION #
93447639

 

Related Articles

  • "Necessitarianism.".  // America;8/2/1913, Vol. 9 Issue 17, p400 

    The author focuses on the movement propagating the philosophy of necessitarianism for criminal jurisprudence. The author disagrees with the proponents of the philosophy on their views of criminal punishment. Regarding criminal jurisprudence, the author asks how education to strengthen the will...

  • FROM BILBAO TOWARD BUDAPEST. Nikolić-Ristanović, Vesna // Criminology in Europe; 

    The article focuses on the European Society of Criminology (ESC) which is dedicated to research in criminology and examines uncharted territories of punitiveness in Europe. It states that the society makes an effort to enhance link between Eastern and Western European criminologies and...

  • Prohibición, Transgresión, castigo. Constantini, Sergio Tonkonoff // Alegatos - Revista Jurídica de la Universidad Autónoma Metropo;sep-dic2011, Issue 79, p741 

    Cultural criminology is a field of knowledge in the process of formation. This is one of the most dynamic and stimulating spaces of the current academic production concerning the criminal question. However, this is not a school of thought or of a paradigm. To accomplish this aaim it will be...

  • Deterrence and the Death Penalty: Partial Identification Analysis Using Repeated Cross Sections. Manski, Charles; Pepper, John // Journal of Quantitative Criminology;Mar2013, Vol. 29 Issue 1, p123 

    Objectives: Researchers have used repeated cross sectional observations of homicide rates and sanctions to examine the deterrent effect of the adoption and implementation of death penalty statutes. The empirical literature, however, has failed to achieve consensus. A fundamental problem is that...

  • ESTIMATING THE IMPACT OF INCARCERATION ON SUBSEQUENT OFFENDING TRAJECTORIES: DETERRENT, CRIMINOGENIC, OR NULL EFFECT? Bhati, Avinash Singh; Piquero, Alex R. // Journal of Criminal Law & Criminology;Fall2007, Vol. 98 Issue 1, p207 

    Despite record levels of incarceration and much discussion about the role that incarceration plays in influencing criminal activity, there does not yet exist a sound knowledge base about the extent to which incarceration exhibits a criminogenic, deterrent, or null effect on subsequent individual...

  • The Wrongfulness Constraint in Criminalisation. Bois-Pedain, Antje // Criminal Law & Philosophy;Jan2014, Vol. 8 Issue 1, p149 

    If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things...

  • BRINGING WHITE-COLLAR CRIME BACK IN: AN EXAMINATION OF CRIMES AND TORTS. Blum-West, Steve; Carter, Timothy J. // Social Problems;Jun83, Vol. 30 Issue 5, p545 

    This article presents information on crimes and torts in the U.S. Criminologists who prefer a sociological definition of crime advocate the inclusion of white-collar violations in the study of criminal behavior. Some of the more recent advocates of the study of white-collar violations as...

  • RECOGNITION OF WORK OF PROFESSOR VICTOR STREIB AND AN APOLOGY. Haddad, James Brian // Journal of Criminal Law & Criminology;Winter1984, Vol. 75 Issue 4, p1462 

    This article states that The Journal of Criminal Law and Criminology published in Volume 74 at page 1471 (1983) a well-researched comment entitled Capital Punishment for Minors: An Eighth Amendment Analysis. While preparing the comment, the student author read, with the gracious permission of...

  • THE USE OF DISCRETION IN DETERMINING THE SEVERITY OF PUNISHMENT FOR INCARCERATED OFFENDERS. Scott, Joseph E. // Journal of Criminal Law & Criminology;Jun1974, Vol. 65 Issue 2, p214 

    This article focuses on the criteria utilized by parole boards in determining the proper amount of punishment a convicted adult felony offender should receive. Specific attention is directed to three principal factors: legal, institutional and personal-biographical. These three factors were...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics