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Essay on Victims and Victimology

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Introduction

"the problems of society become most visible when change occurs, and recent decades have brought immense social and economic changes" (Pampel, 2000: 52).

This can be revealed most clearly in the sociological aspects of youth crime. However, it has also been claimed that social policy should evaluate how policies impact on peoples' lives (Blakemore, 1998: 5). Durkheim noted that society works best when it exercises control over individuals (Pampel, 2000: 72). Acceptable behaviour is enforced through law and morality which is maintained through rules and principles: "the cement of society" (Devlin cited in Elliott and Quinn, 1998: 449). This 'cement' illustrates legal moralism that has been identified as 'socially significant' (Cotterrell, 1989, Page 1). Accordingly, an analysis of law's conceptual structures (Cotterrell, 1989, Page 3) could be ascertained and the importance of shared values emphasised, ultimately influencing individuals' behaviour (Pampel, 2000, Page 57).

This has been reflected in a decline of organic solidarity, differentiating society's collective conscience, and thereby creating an environment for an increase in crime. This philosophy of inter-related support has been recognised as structural functionalism which, taken to extremes, acknowledges that poverty and crime are normal and natural functions within any healthy society (Pampel, 2000, Page 75). The rule of law should represent the ideal of a universal goodness exhibiting "no negative impact on any given society, and no negative characteristics that could apply to its nature" according to Thompson (Thompson, 1975, Page 266). Unfortunately, it appears to be this concept that has swung too far in the favour of society's miscreants, to the detriment of their victims, the communities in which these offenders live, and the weaker members of society, prompting the current debate on victims' rights and David Blunkett's intentions to re-address "the balance to deliver real justice to victims and the wider community" (Blunkett, 2002b).

This essay evaluates the wider issues surrounding the criminal justice system, social policy and how feminism and the study of gender impacts on these sectors. Classicism and positivism are particularly relevant to any study of criminology and lead to an introduction of criminological theories which attempt to put feminism into the context of social policy within the criminal justice sector. Crimes amongst the youth might also be considered to be a reflection of the current social trends and this facet has briefly been evaluated in terms of social environment. The conclusion summarises many details introduced in this essay.

Discussion

Definitions of crime

The Royal Commission on Criminal Justice was set up to:

"examine the effectiveness of the criminal justice system in England and Wales in securing the conviction of those guilty of criminal offences and the acquittal of those who are innocent" (Zander, in Martin, 1998).

The Runciman Commission made 352 recommendations in 1993, from police investigations to disclosure of evidence (Field and Thomas, 1994 cited in James and Raine, 1998: 40). All aspects of the criminal justice system came under scrutiny, with 600 organisations contributing to its evidence (Martin, 1998: 115). During this period, the Criminal Justice and Public Order Act 1994, the Criminal Appeal Act 1995 and the Criminal Procedure and Investigation Act 1996 were all implemented, with varying interpretations and capricious emphases which altered according to Management changes.

Pampel observes, however, that:

"the problems of society become most visible when change occurs, and recent decades have brought immense social and economic changes" (Pampel, 2000: 52).

Durkheim, meanwhile, noted that society works best when it exercises control over individuals (Pampel, 2000: 72) with Weber maintaining that:

"societies work more smoothly when the use of power has legitimacy in the eyes of both the rulers and the ruled" (Pampel, 2000: 113).

Deterrence, retribution, rehabilitation and incapacitation constitute the four major theories of punishment. Deterrence aims to reduce crime through threat of punishment, or through its example. The concept is that the experience of punishment would create an impact unpleasant enough to prevent any further offence. Penalties are established to prevent crime being contemplated, with the idea that the example of unpleasant consequences would make potential criminals reconsider any future offence. Retribution requires an offender to contribute community-based endeavours through proportionality related to the crimes committed. The concept involves cleaning the slate through enforced labour to account to society for any misdemeanour.

With the intention of better justice through more consistent sentencing, the White Paper preceding the Criminal Justice Act 1991 suggested "that convicted criminals get their just deserts" (HMSO, 1990a). This concept does actually limit the State's power through limiting exemplary sentences, achieving parity when two offenders receive similar punishments for similar crimes. The National Victim Support Programme was considered a way forward with respect to society's acceptance of restorative justice but "both of the major political parties have pursued half formed and in many ways half hearted policies in relation to victims of crime. There is little indication of change in this area" (Newburn and Crawford, 2002: 117).

Conformity through inner positive motivation exemplifies the theory of rehabilitation, although it has been criticised for disparity in proportionality. The concept is not based on the degree of offence committed or focused on the criminal's past, but on future rehabilitation to preclude re-offending through changes of circumstances. Conversely, incapacitation recognises that some offenders fail to respond to deterrence or rehabilitation and continue to commit crimes as and when an opportunity to do so presents itself. For criminals with this mindset the only option is protective sentencing to prevent further crimes being committed, thereby punishing the offender for crimes committed with a further implication of punishment for future crimes that could be envisaged if released.

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