The role of the victim in the criminal process

Abstract

Although many criminal justice systems are evolving and that new policies and new procedures are being adopted, the involvement of the victim in the criminal proceedings still matters since the victim‟s issues need to be taken into consideration. The current evolution on the victim participation in the criminal process creates different opinions among the criminal law experts. Some legal proponents second the fact that the victim should be given more space in the criminal processes than only appearing therein as witnesses, while others argue that it is not very easy to identify the place of the victim in criminal process, whereas others qualify that place as ambiguous. As the victim presents different repercussions from the criminal offense (physical, material or even psychological), his/her involvement in the criminal process will impact on the way all the process is conducted and will certainly result into victim satisfaction as a model of criminal justice. There would be no goals of criminal justice if the latter set aside the role of the victim within the criminal justice processes, his or her interest, rights and legal protection. The victim has not only to be represented by the public prosecution but has also to be a key role player in the process all along to ensure that he or she be gratified with the ends of criminal justice. The criminal justice has to engage the victim participation in the criminal process in virtue of ensuring fair trial, and the victim impact statements and victim impact evidence in criminal trials. It has also to cater for the victim rights during the criminal process and most particularly, the special considerations of the rights of the child victims.