Unit 1

Conceptual Develpment of Victimology

1.1 Defination of Victimolgy
1.2 Evolution of Victimolgy
1.3 Victimological Development IN Nepal
 Concept of Victimology
• Crime is a serious anti social action which is against the
society and forbidden of law.
• Crime affects a large number of Peoples. It is a myth to
think of a Crimeless soceity
• Crime , there are two parties involvement
Who commits crime - offender and criminal
One who is the victim/ suffer of the Crime -Victim

Until 1970s the victims of crime were a forgotten entity in the criminal
justice system. In recent decades that the impact of victimization on
crime affected person drew attention of criminal law juridictions around
the world . Thinking about the Victim dignity, to be treated well manner
and respect and compensation
• General meaning of vicitm is who suffer
physical , social , financial, emotional injury or
harm due to any cause and one of such
causes may be crime
• Victimology means a study of people who
experience injury or hardship due to any
cause. Broadly speaking victimology may be
defined as the scientific study of
victimisation ,including the relationship
between victims and offender , relations
between victims and criminal justice system ,
Police and court, social group , media etc.
 VICTIMOLOGY

• Victimology as an academic term contains two elements:

– One is the Latin word “Victima” which translates into
“victim”.
• Early time: Individuals or animal sacrificed to deity to
please them सुरुको समय: देवतालाई प्रसन्न
पार्न व्यक्ति वा पशुबलि चढाइन्छ
• In 19th Century: connected with the notion of harm or loss
in general
• Modern Criminal Justice System: the word victim
describes any person who has experienced injury, loss, or
hardship due to the illegal action of another individual,
group, or organization (Andrew Karmen 2004 ).
– The other is the Greek word “logos” which means a system of
knowledge, the direction of something abstract, the direction
of teaching, science, and a discipline.
 DEFINITION
• In the broadest term: the scientific study of
victims and victimization, including the
relationships between victims and offender,
investigators, courts, corrections, media, and
social movements.
• In the narrowest term: Scientific study of
physical, emotional, and financial harm people
suffer because of illegal activities.
• Schultz (1970) says, “Victimology is the study of the
degree of and type of participation of the victim in the genesis
or development of the offences and an evaluation of what is
just and proper for the victim’s welfare”.
• Drapkin and Viano (1974), “Victimology is the
branch of criminology which primarily studies the
victims of crime and everything that is connected
with such are victim
• Antilla (1975), “Victimology studies by logical,
sociological, psychological and criminological aspects
about the victims and brings into focus the victim-
offender relationship and the role played by the
victim in occurrence of the offence”.
 Johan p.j dussich : Victimolgy is and acadamic
seientific displine which studies dates that describes
phenomena and causal relationship related to
victimizations . That includes events leading to the
victimization , the victim experience it aftermath and
the action taken by the society in respones of these
victimization , Therefore victimology includes impact
recoveries and respones by people organization and
cultures related to victimization.
• Acharya (2051), “Victimology looks at the crime from
victim point of view”.
• Shrestha (2062), “Victimology is talk and the subject
of victim rights to assistance”.
 TYPES
• Jan Van Dijk (1999): proposed two major types of
victimology:
– General victimology and
– Penal victimology,
• General victimology studies victimity in the
broadest sense, including those that have been
harmed by accidents, natural disasters, war, and so
on ( Van Dijk 1999 ).
– The focus of this type of victimology is the treatment,
prevention, and alleviation of the consequences of
being victimized, regardless of the cause.
Contd…
• Penal victimology, on the other hand, generally
approach the subject from a criminological or legal
perspective, where the scope of study is defined by
criminal law.
• According to Van Dijk “the research agenda of this
victimological stream combines issues concerning
the causation of crimes with those relating to the
victim’s role in the criminal proceedings,” where
victims are only those who become such as a result
of a crime.
 THE HISTORY
• The concept of victim study as it relates to
legal conflict is not new. In fact, it has been
around for centuries in various forms.
• Jerin and Moriarty (1998) contend that there
are three distinct historical eras defining the
victims’ role within justice systems:
a. the golden age ,
b. the dark age , and
c. the reemergence of the victim.
 The Golden Age
• Era thought to have occurred before written
law
• Victims are said to have played a direct role
in determining punishments for the unlawful
actions that others committed against them or
their property.
• Reportedly a time when personal retribution
was the only resolution for criminal matters.
• Victims actively sought revenge or demanded
compensation for their losses directly from
those who wronged them
 The Dark Age
• The result of the emergence of structured local
governments and the development of formal
legal statutes.
• The emergence of criminal-oriented justice
systems,
• Offenses were increasingly viewed as perpetrated
against the laws of the king or state, not just
against a victim or the victim’s family.
• focus shifted towards offender punishments and
rights, as opposed to victim rights and
restoration.
 Reemergence of the Victim
• “Victims were forgotten figures in the criminal
justice process whose needs and wants had
been systematically overlooked but merited
attention” (Karmen 2007)
• in the era in the middle of the twentieth
century, when a small number of people
began to recognize that those who were most
affected by criminal acts were rarely involved
in the criminal justice process.
Contd….
• Beniamin Mendelsohn actually proposed the
term “victimology” in his article “A New
Branch of Bio-Psycho-Social Science,
Victimology” (1956).
• Mendelsohn as “The Father of Victimology”
• By the 70s victimology became a recognized
field of study
• By 1990, 240 colleges and universities offered
courses in victimology
 PIONEERS IN VICTIMOLOGY
• Hans Von Hentig Hans Von Henting was born in Berlin
in 1887. In 1948 his book, The Criminal and His
Victim, victimology is a part of criminology. He holds
that the mutual relationship between offender and
victim
• Beniamin Mendelsohn Born in Rumania, 1947 he
focused on victimology is not a part of criminology .
• 3. Stephen Schafer Born in Hungary, Stephen the
victim's importance reflects the offender's and victim's
joint existence in victimisation. victim-offender
relationship stresses the necessity to acknowledge the
role and responsibility of the victim.
cond......
• 1924 Edwin sutherland use on victim in criminoly book
• 1947 Benjamin Mendelsohn Father of Victimology
• 1957 Margery fry Propose Victim compensation in london
• 1965 Californoa Provides victim compensatation
• 1968 Stephen Schafer writes the first victomology text book .
• 1981 victim Compansation legislation , victim and witness
protection act, 1982
• 1985 The UN unanimously adopts the declaration of Basis
Principles of justice for Victim of crime and abuse power
• 1990 The European forum for victim service .Council of
europe and the UN
• 1999 The UN and the US office for victim of crime publish the
guide for policymakers on the policy maker on the
implementation of the United Nations of Basic Principles .
 Modern Development of Victimology
• Although writings about the victim appeared
in many early works.
• The term victimology first appeared in 1949,
in a book about murderers written by forensic
psychiatrist Fredric Wertham.
• It was used to describe the study of individuals
harmed by criminals
• The concept of a science to study victims and
the word “victimology” had its origin with the
early writings of Beniamin Mendelsohn
(1947).
 Development of victimology in Nepal
• Relatively recent and emerging concept
– Katak Malla – lkl8t /fxt zf:q – (Victimology), 1988
– Gagendra Keshari Bastola- lkl8t Ifltk"lt{ zf:q Ps
rrf{ - 1990
– Shanker Kumar Shrestha – A Step Towards the
Victim Justice System, 2001
• Criminal Justice was major focus rather than
Victim justice system
• Constitution of Nepal, 2015, Art. 21 and 22
• Several statutory provisions (Ex: Muluki Ain,
Food Act)
 Development of Victimology in Nepal
• dg':d[lt M k|xf/af6 Hofbf rf]6
nfu]/ /ut jUgfn] Hofbf kL8f eof] eg]
To;sf] nflu cf}ifwLkfgL ;j} vr{ k|xf/ ug]
{ jf6 /fhfn] c;'nL u/fO{ lbg' k5{ glbPdf
b08 lbg'k5{ .
• kfgLsf] vf]nf tg{sf nflu jgfOPsf ;f3'
cflbsf k'hf ul/g] vDafnfO{ gi6
u/fpg]nfO{ kfFr ;o b08 lt/fP/ ljuf/]sf]
sfd jgfpg' nufpg' kb{5 - dg':d[lt_
• o1jNoSo :d[lt M h;n] c?nfO{ df/lk6 u/]/
rf]6 k'¥ofpF5 p;n] cf}ifwL / kYodf
nfu]sf] Joo r'sfpg' kg]{ Joj:yf u/]sf] .
Krit Period 'Mundhum'
• Eye for an Eye ' Tooth for an Tooth
• Victim could behead the adulteres
• The worng doer's property could be confiscated by the king
and give to the victims as the cost of marriage .
Malla Period
• It there has been theft the code states that the stolen property
should be searched and returned to the rightful owner
• If the property was not found then state has the obligation to
provide compension to the victims
• Pratap Malla made various and regulations such as
examination of witness and collection of evidence
• Accused must take oath
Rana period
• chapter of theft states that the stolen goods must be searched
and given to the rightful owner .
• If a man flee somebody's wifes than the wife is liable to pay
compensation to her husband
• Post Rana Period
Civil Right Act 2012
• Right to freedom
• Compensation of violation of Rights
Muliki Ain 2020
Assualt , Battery has a prof of compensation
Food Act 2049
Claim compensation for adulteration
Vechicle & traffic Management Act 2049
Compensation to accident victims / Medicial treatment /Ritual
work
• Human right commission Act 2053
• Torture related compensation Act 2053
• Human Trafficking And transportation Act 2064
• Constitution of Nepal
• Right relating to justice
• Right to fair trail
• Right to free legal Aid
• Gender equality Act 2063
• Criminal code 2074 , Fictim fund, Victim Impact
report , compentation, reconcilation , Victim -
offender Meeting
 VICTIM JUSTICE SYSTEM
• Focus not only on Accused/Criminal but also
Victims
• Approach of state to serve justice to the
Victims
• Rejecting the Dark Age ‘shift of focus towards
offender punishments and rights, as opposed
to victim rights and restoration’.
• Victim Justice as an essential part of Criminal
Justice System
• Compensation, speedy trial, medial treatments
 Debeatable Issues
• Victimology is branch of criminal sciences.??
• victimology as a subfield of criminology???
• Conflict with independency
• It has significant aspects which connect the
victimology to other scientific spheres
• it is necessary to create a single theory that
governs the victimology.
• victimology is a person-centered concept
which is defined based on the personality of
the victim.