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Crime Victims and the Criminal Justice System in Switzerland: Heightened Expectations and Dissatisfactions |
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Abstract:
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Research has recently dedicated a great attention to the issue of the relationship between law and emotions. The legal system which is traditionally concerned with dealing with objective facts rather than with emotions and subjective feelings is increasingly sensitive to affects. The growing consideration afforded to victims and their feelings by the criminal justice system, which is a source of heated debates among legal scholars, provides a good illustration of this phenomenon and was the focus of this study. Using semi-directive interviews and content analysis, it aimed at assessing crime victims’ current position in the criminal justice system and their experience of the legal institution. Victims’ expectations, dissatisfactions and feelings were compared to the reality of their reported experience of the criminal justice system. Moreover, the role of the social system and victim assistance was also assessed in terms of their effectiveness and restorative potential. This allowed not only to gain a better understanding of their contribution to the victim’s life in the aftermath of the aggression but also to compare them to the victims’ perceptions of the criminal justice system. Current results point towards concluding that affording victims a more prominent position in the penal system could be much less restorative and effective than appropriate social support and victim assistance. These research findings should hopefully contribute to a better understanding of the impact of the current prominence of victims and their emotions in legal procedures, as well as improve victims’ experience of institutional and social support. |
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Association:
Name: The Law and Society Association URL: http://www.lawandsociety.org
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Citation:
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MLA Citation:
| Rauschenbach, Mina. "Crime Victims and the Criminal Justice System in Switzerland: Heightened Expectations and Dissatisfactions" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2009-05-23 <http://www.allacademic.com/meta/p235920_index.html> |
APA Citation:
| Rauschenbach, M. , 2008-05-27 "Crime Victims and the Criminal Justice System in Switzerland: Heightened Expectations and Dissatisfactions" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada <Not Available>. 2009-05-23 from http://www.allacademic.com/meta/p235920_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: Research has recently dedicated a great attention to the issue of the relationship between law and emotions. The legal system which is traditionally concerned with dealing with objective facts rather than with emotions and subjective feelings is increasingly sensitive to affects. The growing consideration afforded to victims and their feelings by the criminal justice system, which is a source of heated debates among legal scholars, provides a good illustration of this phenomenon and was the focus of this study. Using semi-directive interviews and content analysis, it aimed at assessing crime victims’ current position in the criminal justice system and their experience of the legal institution. Victims’ expectations, dissatisfactions and feelings were compared to the reality of their reported experience of the criminal justice system. Moreover, the role of the social system and victim assistance was also assessed in terms of their effectiveness and restorative potential. This allowed not only to gain a better understanding of their contribution to the victim’s life in the aftermath of the aggression but also to compare them to the victims’ perceptions of the criminal justice system. Current results point towards concluding that affording victims a more prominent position in the penal system could be much less restorative and effective than appropriate social support and victim assistance. These research findings should hopefully contribute to a better understanding of the impact of the current prominence of victims and their emotions in legal procedures, as well as improve victims’ experience of institutional and social support. |
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