刑事司法における被害とその回復

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書誌事項

タイトル別名
  • Victimization and Its Restoration in the Criminal Justice
  • ケイジ シホウ ニ オケル ヒガイ ト ソノ カイフク

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抄録

The movement called the "Renaissance of Crime Victims" has developed in recent years. There were major law revisions that introduced victim impact statement scheme into the criminal and juvenile procedure and offered the information about incidents to crime victims. There were several legislations that provided severer punishment for offenders with the intention of answering the demand of crime victims. Criminal sentencing and juvenile disposition in the daily practice have, likewise, got stricter with the same intention.<br>In the movement emphasizing concern for crime victims, concern about the social background of the offending and the "victimization" of offenders such as child abuse, neglect, violence, social exclusion and so on is decreasing inversely. The public prosecutors and judges have been damning the personality of offenders more and more strongly forcing them to repent of and apologize for what they did, as if denying their human dignity, which should prevent inversely the offenders from repenting sincerely and participating into the judicial procedure dealing with their own offense.<br>It has been shown that there is no real restoration for crime victims in the tough justice practice that should rely on severe punishment and strict sentencing or disposition for the offenders. When offenders should have their self-esteem and the sense of human dignity restored and be allowed to participate into their justice process, then they could repent of their offense that did cause actual victimization. With sincere repentance they could endeavor to do real restoration for crime victims by explaining honestly about the detailed facts of their offending not directly pertaining to the criminal act of legal importance, apologizing meaningfully to crime victims for actual victimization, promising faithfully to make restitution and so on. The "Renaissance of Crime Victims", which would demand severer punishment and stricter sentencing or disposition for the offenders, should make it more difficult for the offenders to have their self-esteem restored and participate into the justice process by neglecting the "victimization" of offenders and damning their personality. In this movement, therefore, the real restoration for crime victims would be more difficult although it has only symbolic meaning that the criminal justice has concern for crime victims. Thus the "Renaissance of Crime Victims" reflects the penal policy in neo-liberal states, which demands only severe punishment for the offenders and have no concern about welfare and social reintegration of crime victims as well as offenders.

収録刊行物

  • 法社会学

    法社会学 2004 (60), 117-133,235, 2004

    日本法社会学会

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