This chapter examines the position of crime victims within the criminal justice system of England and Wales. It begins with an introduction to the development of the victims' movement in the 1970s. The chapter then considers key issues such as the scope of ‘victimhood’; victim rights; the needs and expectations of victims within the criminal justice process; and the policy response to such issues. It concludes by posing critical questions of the present reform agenda.
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This chapter begins by explaining the meaning of psychiatric harm. It then discusses the general exclusionary rule; the distinction between ‘primary’ and ‘secondary’ victims; and other circumstances where the law recognises victims of psychiatric harms as having a claim in negligence (rescuers, involuntary participants, communicators of shocking news, self-harm by the defendant and ‘assumption of responsibility’ cases). Though initially psychiatric harm was recoverable only if accompanied by physical injury, it is now clear that the claimant can recover for pure psychiatric harm so long as it is a recognised psychiatric illness. It is not, therefore, possible to recover in the tort of negligence for mere grief, anxiety or distress.
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This chapter discusses the ‘special duty issue’ that arises when a person has suffered psychiatric harm as a result of the defendant’s negligence. This issue has an interesting history, for it was thought at first that a claimant could only succeed if he or she was within the range of physical impact. In other words, only the ‘primary’ victim could sue. Liability was later extended to secondary victims; that is, where the claimant was not at risk of physical injury, but saw or heard the accident which caused the shock with his or her own unaided senses.
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This chapter begins by explaining the meaning of psychiatric harm. Though initially psychiatric harm was recoverable only if accompanied by physical injury, it is now clear that the claimant can recover for pure psychiatric harm so long as it is a recognised psychiatric illness. The chapter considers the distinction between ‘primary’ and ‘secondary’ victims and other circumstances where the law recognises victims of psychiatric harms as having a claim in negligence (rescuers, involuntary participants, communicators of shocking news, self-harm by the defendant and ‘assumption of responsibility’ cases).
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Pamela Davies
This chapter explores the parameters of the study of the crime victim, and the history and scope of the academic subdiscipline within criminology known as victimology. It discusses victimological perspectives; researching victims of crime; and the extent, nature of, and risks to criminal victimization. The final section examines public policy and practice, considering how and why ‘victim’ is a problematic concept in the context of compensation. It problematizes a number of taken-for-granted victimological concepts, such as victimization and crime victim. This section also shows that key concepts, such as victim precipitation, culpability, provocation, and ideal victim connect to particular ways of constructing the crime victim and understanding victimization.
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Victimology is now regarded as a central component to the study of crime and deviance. Victim-based analysis enables understanding of different aspects of criminal and deviant behaviour and is redefining focal research concerns across a range of crimes. This academic development has been matched by the recognition by the criminal justice system of the consequences of victimization and moves towards both victim services and a victim-centred justice process, and by increasing political concern with victimization. The chapter analyses victimology’s key conceptual approaches, ideas, and typologies and examines whether and how different criminological perspectives understand the victim. The chapter considers the issue of victim precipitation, in the context of offender motivation, crime events operandi, and differential risks. It concludes with a discussion of how victimology has connected across to human rights violations with restorative and transitional justice foregrounding consideration of global issues such as truth-telling, reconciliation, reparations, peace-building, and normative compliance.
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. The document also included supporting commentary from author Craig Purshouse.
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. The document also included supporting commentary from author Craig Purshouse.
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Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines the victims of crime; the effects on victims; and the issue of ‘blaming’ victims for their own victimisation. It also considers whether criminology and criminal law processes are sufficiently concerned with the victim.
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Kieran McEvoy, Ron Dudai, and Cheryl Lawther
This chapter explores the intersection between criminology and transitional justice. The chapter begins with a critical discussion on the utility of criminological scholarship from settled democracies to the exceptional circumstances of post-conflict or post-authoritarian societies. It then explores a range of debates related to the punishment of offenders in such contexts including the role of prosecutions, amnesties, the reintegration of former combatants, and the role of restorative justice. The chapter next considers the social and political construction of victimhood in transitional contexts including competing notions of the ‘idealized’ victim. The relationship between transitional justice and social control is then examined including the importance of countering denial, the relationship between deviance and memory and the particular contribution of efforts ‘from below’ to counter elites-level narratives on past abuses. The chapter concludes that a criminology of transitional justice provides the basis for revisiting some of the foundational questions on responding to crime and justice in the most challenging of settings—a sobering but intellectually rich research agenda for years to come.
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Frost (or White) v Chief Constable of South Yorkshire Police [1999] 2 AC 455. The document also included supporting commentary from author Craig Purshouse.
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Kieran McEvoy, Ron Dudai, and Cheryl Lawther
This chapter explores the intersection between criminology and transitional justice. It explores a range of debates related to the punishment of offenders in the circumstances of post-conflict or post-authoritarian societies, including the role of prosecutions, amnesties, the reintegration of former combatants, and the role of restorative justice. The chapter next considers the social and political construction of victimhood in transitional contexts including competing notions of the ‘idealized’ victim. The relationship between transitional justice and social control is then examined including the importance of countering denial, the relationship between deviance and memory and the particular contribution of efforts ‘from below’ to counter elites-level narratives on past abuses. The chapter concludes that a criminology of transitional justice provides the basis for revisiting some of the foundational questions on responding to crime and justice in the most challenging of settings—a sobering but intellectually rich research agenda for years to come.
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Angus Nurse
This chapter assesses victimology, which has become an important sub-discipline within criminology. Victimology includes the study of victimisation as well as the challenges of legal and institutional definitions of the ‘victim’. Discussions include debates concerning victims’ rights and activism and how victimhood has come to be understood and responded to. The chapter then considers both narrow and wider ideas of victimisation, and examines whether and how criminal justice processes and public policy have developed in response to victims’ needs. While victims are really the people who the criminal investigation and trial are meant to serve, they are often not part of the process. The chapter also looks at a key part of victimology, which is the use of statistical evidence on the levels of victimisation.
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This chapter examines liability for psychiatric illness in negligence. It considers liability to a person who witnesses the death, injury or imperilment of another person (‘secondary victim’ cases); cases where the claimant was involved as a participant’ in the traumatic event (‘primary victim’ cases); and cases of stress-related illness. The chapter concludes with an evaluation of the current law in this area and consideration of reform proposals.
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This chapter reviews the increased policy focus on victims, dealing with remedies for victims of crime and more recent involvement in the sentencing process via victim impact statements as well as discussing the impact of punishment on offenders. Ways of reducing the impact of crime on the victim are considered, including compensation, and confiscation, restitution and forfeiture as well as focusing on the Victims Code and the victim’s surcharge. Conflicting approaches to the impact of punishment on the offender or the offender’s family, including financial penalties, are considered. This discussion covers justifications from penology and evidence—from research and appellate cases—of practice in the courts. Arguments for and against impact mitigation are examined with reference to a range of issues, including social deprivation, illness, disability, and age.
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Donal Nolan and Ken Oliphant
This chapter examines liability for psychiatric illness in negligence, and in particular the limits that are placed on claims for such illness at the duty of care stage. It considers liability to a person who was involved as a participant in the traumatic event (‘primary victim’ cases); liability to a person who witnessed the death, injury or imperilment of a third party (‘secondary victim’ cases); and other types of case, such as illness caused by stress at work. The chapter concludes with an evaluation of the current law in this area and a consideration of proposals that have been made for its reform.
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. The document also included supporting commentary from author Craig Purshouse.
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rothwell v Chemical & Insulating Co. Ltd [2008] 1 AC 281. The document also included supporting commentary from author Craig Purshouse.
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310. The document also included supporting commentary from author Craig Purshouse.
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rothwell v Chemical & Insulating Co. Ltd [2008] 1 AC 281. The document also included supporting commentary from author Craig Purshouse.
