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					                                          What is Victimology
                                  Presentation
                                         to the
              2009 Asian Postgraduate Course
                                             by
             Prof. Dr. Gerd Ferdinand Kirchhoff
              Tokiwa International Institute of Victimology
                 Tokiwa Graduate School of Victimology



11/18/2011               Prof. Dr. Kirchhoff                         1
                                               Drawings by Takada Hiromi
                                                  Introduction

 Victimology           as a social science
     – Normative thinking and social science
       thinking
              Why  lawyers love law and why victims do not
              love lawyers
 What does the word mean?
 Who is the victim?


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                     Topics of Discussion

 The three dimensions of Victimology
 Definition of Victimology
 Talk about details of definition




11/18/2011      Prof. Dr. Kirchhoff     3
                    Law and Social Science

 What       do lawyers know?
     – They know the law
     – They apply the law
     – Only if facts fit the law  consequences
     – Crim.-law uses action related words, not
       victim related word.
     – lawyers know “nothing about victims”

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                     Lawyers and relevant facts
                Lawyers work in the criminal justice
                 system
                 – They use laws which exist already
                 – Only then they are successful
                       Law does not need all pieces of reality
                          –   Lawyers needs only some
                          –   Rest is superfluous and irrelevant
                          –   In his system they are superfluous
                          –    lawyer becomes ignorant
                 – He is interested in catching all possibilities in
                   his system
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                                                      Social science thin

      Looking  at all probabilities
      interested in probabilities
             – What has the highest probability of
               occurrence
             – Patterns, regularities: they become his “law”
             – Despite his “laws”, he knows that his statement imply the
               existence of the opposite
                  That  makes him open and careful
                  His truth is always “insecure”


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                                      Resulting difficulties
      Different       subcultures of law and of social
         sciences
             – Different way of thinking
             – Different way of talking
             – Different way of self definition
      The necessity of creating a social
       movement to promote victim interests
      Personal experience
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                    What does the word mean?
          Victima Latin                        victim
          Logos Greek                     science
                                    teaching
                      An organized body of knowledge
                       about victims
          Who used this concept first?
               Beniamin Mendelsohn 29th March1947
                  Printed 1956 in French
               Hans von Hentig 1938??
               Wertham 1956

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                                     Who is the victim?

4  answers given
 Historically first answer 1764
 Victims of crime  special v.
 Victims of everything  general v.
 Manmade victims 
   v. of Human Rights Violations
     – including crime


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              1. Victims of Abuse of Power                1




 Cesare Beccaria 1764
 Abuse of power by the powerful
     – Trough their use of criminal law
              Torture
                – Of suspects and witnesses
                – Witch “trials”
              “creative”   punishment
     – “Contract Social”

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             1. Victims of Abuse of Power          2




 How     can we protect us against this
    victimizing criminal law?
     – Give offender rights!
     – The “Dogma of the Divided Territory”




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                            Criminal procedure

                                                        State
                                Rights of the State

                                   (Prosecutor)




             boarder line




                            Human Rights of Defendant

                                (Procedural rights)     Offender




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                   1. Victims of Abuse of
                                  Power                           3




  How can we involve the victim in this
   vertical system of justice?
  German Code of Criminal Procedure
            Right to start the procedure – police report
            Right to testify in court – right?
            Right of “side prosecution”
            Right of “private prosecution”
            Right to court checking prosecutor’s denial of public interest
            Right of adhesion procedure (since the thirties)



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             2. Special Victimology                    1




 Hans          von Hentig 1948
              “The   Criminal and his Victim”
 Stephan             Schafer 1958
              “The   Victim and his Criminal”
                         Restitution
                         Compensation

  special victimology
 Part of Criminology

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             2. Special Victimology                      2
                          Special Victimlogy



                            Criminology
                                    C




                                      Victimology




                         Hans von Henting1948

                          Stephan Schafer 1967


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                     3. General Victimology             1




  Beniamin    Mendelsohn 1947, 1956 and further
    Term “Victim” includes
      – Victims of traffic accidents
      – Victims of motorized environment
      – Victims of earthquakes and thunderstorms
      – Victims of everything damaging
      – Victims of genocide and of crime etc.
  Result:   General Victimology
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                             3. General Victimology                2




            Mendelsohn’s demands for victimology
    1.       Focus on victims, on their suffering, on their
             treatment
    2.       Create an International Journal of Victimology
    3.       Create an Institute of Victimology
    4.       Create an International Society of Victimology
    5.       Conduct International Symposia and
             conferences
    6.       Establish Victimological Clinics
    7.       ( Enter the University Lecture Halls!)
    8.       (International Courses on Victimology)
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              General Victimology                                  3




                        General Victimology and Criminology


                      Criminology                 Victimology
                                                       1

                                                       2

                                                       3

                                                       4
                                                       5

                                                       6



                                                       (7)




                                    Mendelssohn

                                     29.3.1947

                                      (1958)



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                        4. Victimology of Human Rights Violations (including Crime)   1


      Separovic, Zvonimir Paul 1969 – 1985 publications
      – “manmade victims”
                Human action
                Omission to act coupled with obligation to act
      –      Victimizations are violations of basic Human Rights
                To life
                To health
                To security
                To well being
      –      Victims can be
                People
                Organizations
                Groups
                Ethnics

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                       4. Victimology of Human Rights Violations (including Crime)   2


      Neuman, Elias
      –      Three volumes in Spanish
               1984 Victimologia
               1986 Victimologia e control social
               1996 Victimologia supranacional
      –      Publications in Spanish
               World of social science speaks English
               Spanish contributions not read
               Similar with Japanese contributions
               Necessity to study and understand English
                – Efforts of Tokiwa Daigakku
                – Government calls in 2000 English teachers in 2003
                – Victimology and Victim Assistance far advanced
                       In USA
                       In England
                       In Netherlands


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                 4. Victimology of Human Rights Violations (including Crime) 3
      Victimology and Victim Assistance far advanced in USA,
       England, among other countries.
      If Japan wants to learn from these experiences, it is necessary
       to study the pertaining documents in English
      –      Otherwise we depend on experts who come and sell us their ideas
      –      How can we know
                Whether these ideas are universal and therefore important for
                 Japan?
                Whether these ideas are just local, good for other culture?
      –      German experience
               Without analyzing and understanding Anglo-American
                victim assistance
                 –   We would not be where we are now
                 –   Learning impossible without understanding

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                4.   Victimology of Human Rights Violations (including Crime) 4


       Elias        Neumann since 1984
             – Victims are
                Persons

                Community

                Whole     nations
                     – Victimologia supranacional
                          Victimization by destabilizing governments

                          Victimization by exploiting economically weaker
                            nations


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                    4.   Victimology of Human Rights Violations (including Crime) 5


             – Topics:
                   Victims of conventional crime and of new types of crime
                   Environmental pollution
                   Victims of ethnocide
                   Falsification of products
                     – Medication
                     – Food
                   Illegitimate trade of war weapons
                   Abuse of governmental power
                   Terrorism
                   Censorship
                   Religion

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                      4.   Victimology of Human Rights Violations (including Crime) 6


             – Robert Elias 1986 and later
                 “The Politics of Victimization. Victims,
                  Victimology and Human Rights”
                 Combination of the three concepts
                 Advantage 1:
                    –Victimology has the theoretical structure
                     which is lacking in Human Rights
                 Advantage 2
                    –Victimology gains the necessary broad
                     scope
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                4.   Victimology of Human Rights Violations (including Crime) 7




             – UN Declaration 1985
                WSV 1983

                General Assembly

                Declaration on Basic Principles of
                 Justice for Victims of Crime and Abuse
                 of Power
                Result:

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                    4. Victimology of Human Rights Violations (including Crime) 8




             Victimology of Human Rights Violation
                           (including crime)




             Criminology                         Victimology
                                 Victimization
                                 by
                                 Crime




                       Separovic 1969-1985

                        Neuman 1984-1989



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                       Defining Victimology: scope

     Victimology            looks at
             – Victims
             – Victimizations
                The process of becoming a victim
                The situation of being a victim

             – Reactions to victims and to victimization
                Here   is the most practical part of victimology
                  – Informal reactions
                  – Formal reactions

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                            Defining Victimology :           2




     Victimology          is the scientific study of
             – victims of Human Right violations
               including crime
             – victimizations
             – And of the reactions to both
                To victims
                To victimizations



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                                   Defining Victimology :            3




        Victimology
             –   Defines
             –   Describes
             –   Measures
             –   Analyzes
             –   Interprets
                     Patterns, regularities and associations
                     Causal relationships and probabilities
             – Develops theoretical statements
                     For understanding and prediction
                     For developing counter measures

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                 Purpose of Victimology :

     “The     purpose is, to contribute to a
         world with less victimization. If
         victimization cannot be prevented,
         then the consequences have to be
         less burdening.

     If   our science does not contribute to
         this, what use does it have then?”
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                                                     Measurement 2
    How many are there?
  Is        the risk equal
      – Over time?
      – Over region?
      – Over gender
              Murder    of the lady in Shinso
      – What goes hand in hand with victimization?
              Social   correlates of victimization

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                                                    Measurement
  Who is the victim?
  How many are there?
  Methods           of empirical research
      – Not armchair victimology
      – Go out and look at reality!!!!
              How many victims are in Mito?
              How many victims are in Tokiwa Daigakku?
                – TIVI: how many students have been victims of sexual
                  crimes?


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                                                Who is the victim?
  Who         is victimized?
       Direct victim
              The   murdered lady last month
      – Indirect victims
              The   victim “behind” the victim
                       Family members
                –   Friends
                –   Colleagues
                –   Neighbors
                –   Members of the community
                –   Whole nation

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                   Result of victimization 1
  What is the result of victimization?
  What kind of damages do we look at?
      – Emotional damage
      – Physical damage
      – Material damage



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                             How did the event happen
       Process of becoming a victim
              Raid
              Confrontational
              Distance
              Relational
                 Stranger
       Acquaintance
                 Friend
                 Family member
                 Lover
              Stepwise   victimizations

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                                 How did the event happe
                             Single ./. Repeat victimizatio
    Single victimization
      – Victimology is interested in the single victimization (criminological
        theories are often theories on recidivism).
      – Single victimization can cause crisis and can call for victim
        assistance, restitution, compensation
    Repeat victimization
      – Many victimizations are repeated experiences of
           Sexual abuse of children, Domestic violence

           Tyrannization in school (bullying), Violence (“Subculture of
            Violence”
           Violations of Basic Human Rights

      – Calling not only for victim assistance, but for institutional and for
        structural reforms
      – (good field to demonstrate that victimology is an interdisciplinary
        science)
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                                                   Reactions 1
Distinguish between
    Primary victimization
        That are all the negative reactions caused by the
         action of the offender
   Secondary victimization
            That are all the damages caused by the
           reactions of the social environment



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                                                     Reactions 2
       The reacting social environment
                Husbands, parents, family members
                Girl friends, boy friends, lovers
                Colleagues
                Neighbors
                Community
       If their reaction damages, we speak of
             SECONDARY VICTIMIZATION

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                                                Reactions 3
       We cannot undo the primary victimization.
       We can influence the amount of secondary
        victimization!!
       We get upset if we believe these victimizations
        are superfluous
       We want to be careful if we know that
        secondary victimization is highly probable
                Why do these secondary
                 victimization occur so frequently?
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                                                                                         Reactions 3
            “Just World Theory”
                  Californian psychologist   , in since the seventies of last century
                  Why do victims experience
                     Unfriendliness
                     Rejection
                     Even hostility
                  Why do not we want to deal with victims usually?
                     We believe in a just world
                     So, nothing happens to us, right?
                     If something bad happens to the victim, we define:
                           The victim must have done something wrong
                           So, we blame
                           Blaming does not help – it hurts even deeper




11/18/2011                                          Prof. Dr. Kirchhoff                       40
                                                    Reactions 4


       “Just World Theory”
                We never ask: ”WHY did you do so?”
                   If you would have done differently, you would not
                    be in this situation – so you are blamed!
                We never tell how WE would have acted.
                   Of course we would have acted more wisely!




11/18/2011                    Prof. Dr. Kirchhoff             41
                                          Reactions                   6




 Stereotyped   constant uniform reactions
    of environment
     – Social structures
     – Willem Hendrik Nagel 1944 (1948)
         “Structural Victimization”

         One of the earliest empirical research

         “Crime of People of Os” print 1948

     – Victimization of Women
         By stubborn male insistence on supremacy and control
           over women


11/18/2011                 Prof. Dr. Kirchhoff                   42
                                            Reactions         7




   “ai”
   “Broken Bodies, Shattered Minds” 2001
   Report looks at victimization of women in cases of
     –   Domestic violence as mistreatment or torture
     –   Torture and mistreatment of household helpers
     –   Live in forced marriages
     –   “defending the honor of the family”
     –   Human Trafficking
     –   Debt\Servitude (debt slavery)
     –   Female Genital Mutilation
     –   Withholding the protection of law


11/18/2011                   Prof. Dr. Kirchhoff         43
                                                 Reactions                    8


 Victimization                of women by
     – Withholding the protection of law
                For victims of trafficking of women
                For victims of rape
                   – Pakistan rape law
                   – Nigeria Ms. Awal
     – Police not investigating properly
                Indian dowry cases
                Japan case: 6 month stalking, reported to police, results
                 in murder of victim

11/18/2011                         Prof. Dr. Kirchhoff                   44
                                                 Reactions                  9




   Victimization of women by
     – Sexist beliefs of judges
     – Social and cultural discrimination
     – Torture of women in custody
                Sexual victimization of women in custody
                Sexual war slavery of women in occupied countries
     – Torture of women in armed conflicts
                Tutsi 1994, Yugoslavia 1991-1995, Guatemala 70ties,
                 Algeria 90ties, Sierra Leone 1999-2003, Philippines 2000


11/18/2011                        Prof. Dr. Kirchhoff                  45
                                      Reactions          10




 Victimization of women by
 Disappearances
     – Direct and indirect victimization
 Torture of women who have to flee
 While seeking asylum
 It is proven that worldwide victims, especially
  women, are victims by those men who have
  control over them and that authorities either
  cause or tolerate these abuses
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                                               Reactions        11




   Victimization of men
     – In socially completely accepted areas
                Victim of draft system
                Victims of military slavery
                Victims of medical treatment


 Till now: who reacts?
 In next section: what kinds of reactions do we
  look at?

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                                         Reactions                12




 Two          kinds of reactions
     – Informal reactions
              These are reactions which are free of
              prescribed rules and norms
     – Formal reactions
              These are reactions which are prescribed by
               laws and by norms
              They are “formally laid down” in writing



11/18/2011                  Prof. Dr. Kirchhoff              48
                             Reactions informal                   1




     Recall: Victimizations are invasions
      into the self of the victim
     – Imagine the person as an “onion”
                 Layers around a soft center
                 Victimizations are like needles piercing
                  through different layers
     – By this you understand
             1.   Rank order of victimizations
                  according to severity

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                    Reactions informal                  2




     2. We live with fictions
     – We tell us stories about ourselves and
       about life
     – E.g.sexual victimization
     – Without the protection of these fictions,
       we cannot function socially



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                            Reactions informal                                 3




              3. Victim experience crises
                  What are crises
                      Moments of real or imaginated insecurities
                      With escalating tendencies
                      Victim realizes: it cannot manage the difficulties of
                       everyday life any longer
                      Normally it can, but after invasion into self:
                           Crisis management potentials are blocked
                           Feeling of inability increases like in a spiral
                      Crises escalate


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                             Reactions informal                              4

                Victims reactions in crises
                    Shock
                    Disbelief
                    Shame
                    Rage
                    Helplessness
                    Isolation
                    Distrust
                    Loosing the belief that one lives in an ordered world
                    Feeling of chaos and confusion
                    Guilt feelings
                    Desperate attempts to make sense out of a senseless
                     event

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                             Reactions informal                             4



              Victimology deals
                  With crisis
                  With crisis reactions
                  With crisis intervention
                  That can be done by every person who knows
                   what victims go through
                      But
                            we are under influence of Just World Theory
                            “Blaming the Victim”
                            we are under influence of “Contagious Inactivity of
                             Bystanders”

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                     Reactions formal and planned                                  5



              Organize victim assistance!
                Dussich/Underwood 2003:
                Victim Assistance are all those activities which are applied in
                 response to victimization with the intention of
                     Relieving suffering
                     Facilitating recovery
                Victim Services include
                     Information
                     Assessment
                     Individual interventions
                     Social advocacy
                     Public policy
                     Program development


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                     Reactions formal and planned                         6


                Field of “victim needs”
                     This needs empirical research
                     Often victim assistance organizations assume they
                      know what victim needs are
                     TIVI Research on Victim Needs


                When we organize victim assistance programs, we
                 leave the field of informal reactions and we step into
                 the field of formal reactions

                Recall:
                     What did victims experience?
                     What are victim needs?

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                                     Reactions formal                   1



                What does society usually offer to victims in this
                 situation?
              The Criminal Justice System
                    A vertical system
                    Serves social control
                    Using repression of offenders by punishment

                 Please recall this graph:




11/18/2011                     Prof. Dr. Kirchhoff                 56
                            Criminal procedure

                                                        State
                                Rights of the State

                                   (Prosecutor)




             boarder line




                            Human Rights of Defendant

                                (Procedural rights)     Offender




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                  Formal reactions: CJS                          1



  The        Position of the Victim in the CJS
       – An important traditional field of victimology
              Where we need the knowledge and wisdom of
              lawyers
                – Not the traditional wisdom
                – Lawyers sensitized to victim needs
                – Thanks to the Lord, they exist!!!!
       – Victimology looks at “Victims Rights”
              Loose  language!
              Victimologists should not be too impressed


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                   Formal reactions: CJS              2



  1985     UN Declaration of Basic Principles of
      Justice for Victims of Crime and Abuse of
      Power
       – Not rights, basic principles
              Information  rights
              Participation rights

              Restitution
                – By offender
              Compensation
                – By state
              Access               Assistance
                        to VictimDr. Kirchhoff
11/18/2011                    Prof.              59
                          Formal Reactions:
         Participation of Victims in the CJS
                                                           1

  Discussion in USA: how much participation?
  Discussion in Japan
       – See Morosawa-san in this series
  Do        victims really want to participate?
       – Call for empirical research!
       – We need to ask: what do you want?
              Take  part in the cjs?
              Or fair information? And that is it?

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                          Formal Reactions:
         Participation of Victims in the CJS
                                                                             2
     In symposium Oct. 2,2003 in Mito:
       – Justice system believes: justice is for the public!
       – If victims raise their voice:
                Who is the owner of the cjs?
                This is a question law cannot answer
                  – Should be easy to answer in democratic societies!
                  – Law always uses victim “lingo”:
                  – “We do it all for you, victims
                       For you, actual victim!

                       For you, potential victims!

                  – Justice is owned by judges, prosecutors, lawyers
                       (Nils Christie 1978)



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                          Formal Reactions:
         Participation of Victims in the CJS
                                                                 3

  In    USA, there is a loud movement in favor of
      a constitutional change
     US Senate (Res. 35 from April 15, 2002)
       – Victims of violent crimes have the right to
              Reasonablyand timely notice of any public
              proceedings
                – Involving the crime
                – Or any release or escape of the accused
              To not be excluded from such public proceedings
              To be reasonably heard at public release, plea,
               sentencing, reprieve and pardon proceedings
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                        Formal Reactions:
       Participation of Victims in the CJS
                                                                    4
    (Victims of violent crime have the right to)
    To adjudicative decisions that duly consider
      – The victim’s safety
      – The victim’s interest in avoiding unreasonably delays
      – Just and timely claims for restitution from the offender

      – These rights shall not be restricted
              Except when and to the degree dictated by
                 – Substantial interest of the public safety
                 – The administration of criminal justice
                 – Or compelling necessity
        – Nothing in this article shall be construed to provide
           grounds for a new trial or to authorize any claims for
11/18/2011 damages”        Prof. Dr. Kirchhoff               63
                          Formal Reactions:
         Participation of Victims in the CJS
                                                                           5
     As a victimologist
       – I see a lot of words and little concrete
       – Lawyers are masters of language
       – If they choose this vague language, they know why
         they do
              No cherished power position will be given up!
              Victims will not have the participation position they are
               said to desire
              Why?

              I showed you a graph, and intentiously so:

11/18/2011                    Prof. Dr. Kirchhoff                  64
                            Criminal procedure

                                                        State
                                Rights of the State

                                   (Prosecutor)




             boarder line




                            Human Rights of Defendant

                                (Procedural rights)     Offender




11/18/2011                    Prof. Dr. Kirchhoff                  65
                          Formal Reactions:
         Participation of Victims in the CJS
                                                                 7

  You  cannot simply ,move in the victim as a third
   power!!!!!!
  The territory is occupied
  This is not proceedings FOR VICTIMS
  This is proceedings in public interest
       – Victims have a serving role here!
       – They are evidence for the prosecution, for the state,
         for all of us!
       – Consequence? An obligation for the state
11/18/2011               Prof. Dr. Kirchhoff            66
                          Formal Reactions:
         Participation of Victims in the CJS
                                              8

  Obligation>



 Avoid secondary
 Victimization!!!
11/18/2011         Prof. Dr. Kirchhoff   67
                     Formal Reactions:
    Participation of Victims in the CJS
                                                       9

 Judges!    Prosecutors!Police!
        – Protect the evidence
        – Do not cause any suffering for them
        – They suffered enough!
        – For the victimologist, the state cannot go
           far enough in this!
        – At least, you must do everything
11/18/2011 possible!   Prof. Dr. Kirchhoff     68
                          Formal Reactions:
         Participation of Victims in the CJS
                                              10

 E.g. Israel never brings child
  victims of sexual abuse as
  witnesses into the court!!!
 E.g. Germany: victim attorney at
  the side of the victim with no
  aggressive rights, only to protect
  the victim!!!
11/18/2011         Prof. Dr. Kirchhoff   69
                          Formal Reactions:
         Participation of Victims in the CJS
                                                  11

  Avoidance of      secondary victimization is
   the key concept
  Ifstate victimizes, state becomes
   offender himself
  Usually prosecutors and judges know
   this duty
  But they do not know why and when
   proceedings hurt the victim
11/18/2011         Prof. Dr. Kirchhoff    70
                          Formal Reactions:
         Participation of Victims in the CJS
                                                                     12

  They         have not learned this!
  Victim       Assistance Organizations have to tell
      them
       – Not single victims
       – Even the single victim assistance group is too weak
           Even if there are already 30 like in Japan

       – Therefore strong victim assistance network!
       – Politicians listen only if reelection is endangered!



11/18/2011                   Prof. Dr. Kirchhoff                71
                                      Formal Reactions:
                                Horizontal Justice                               1


  There are other systems than the vertical cjs
  Horizontal systems of justice
       – Victim offender reconciliation programs
                Here victims have full participation
                Here the end is restitution, not punishment
                   – Personal experience
                Do victim want to participate in punishment?
                   – If they have achieved that, what have they achieved?
                   – Do the wounds heal quicker?
                   – Are crises earlier finished?
                What about financial consequences?
11/18/2011                        Prof. Dr. Kirchhoff                       72
                           Formal Reactions:
                     Horizontal Justice                   2


  Are your needs satisfied if you participate in
   the punishment system?
  Giant obstacle: the need for punishment
       – Punishment: what does it give to victims?
  Truth   and Reconciliation Commissions in
      South Africa
       – A new tool, now in over 18 countries

11/18/2011            Prof. Dr. Kirchhoff            73
                         Formal Reactions:
                   Horizontal Justice                 2


  Force     the cjs to avoid secondary
      victimization
       – Know what you demand!
  Promote     horizontal justice and fight for it!




11/18/2011           Prof. Dr. Kirchhoff        74
                       Formal Reactions:
                 Horizontal Justice             3


  Restorative  Justice is the justice of the
   future, not repressive justice.
  Restorative Justice is to a much greater
   degree
                 VICTIM JUSTICE



11/18/2011        Prof. Dr. Kirchhoff      75
  DOMO
            ARIGATO !




11/18/2011           Prof. Dr. Kirchhoff   76

				
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