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Offenders and Victims: Accountability and Fairness in the Criminal Justice Process

NCJ Number
183533
Date Published
1999
Length
11 pages
Annotation
For many decades, criminal lawyers have been working to define the rights of offenders versus the state, and the consensus reached on those rights is reflected in United Nations (UN) standards and norms in crime prevention and criminal justice.
Abstract
Recently, the consensus has been challenged by new ideas concerning the accountability of offenders and even more by the promotion of the rights of crime victims and the threat posed by transnational and organized crime. International consensus has been reached on basic principles of justice for crime victims, as embodied in the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. Most governments have only recently begun to implement these rights, and effective exchange of information on best practices and cost-effective methods of implementation is needed. Much progress can be made to improve the treatment of crime victims without negative implications for offenders. In some areas, however, the rights of crime victims interfere with offender rights and difficult choices will have to be made. In particular, opinions differ about the extent of participation of crime victims in the criminal justice decision-making process. With respect to transnational and organized crime, both traditional and newer notions of fairness for victims and offenders need to be re-examined and certain established rights of offenders need to be reconsidered because they may impede effective criminal investigation and prosecution. Restorative justice is suggested as an alternative criminal justice model. An annex lists UN standards and norms in crime prevention and criminal justice. 16 notes