ATS2469 Chapter Notes -Burglary, Victimisation, Consensual Crime
5 Sep 2013
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Document Summary
Historically, victim was responsible for the retribution punishment is for the victim"s satisfaction: satisfaction and punishment of offender, the state replaces the victim. If you commit a crime, you not only injure the victim but you have committed a crime against the state as well. Upset the crowd as well as the actual victim. The offender is held responsible by the state: begins the neglect of the victim. Concerned about harms to the state and social order. State uses the body of the individual who has been harmed to place punishment/prosecution onto the offender. Criminal law needs to be sufficiently clear and precise to enable us to identify the harm/wrong with which we"re trying to criminalise (for prevention or restitution). Analytic determine if offences possess some characteristic that link them in a conceptual way to victim. Rhetorical focus on language employed in definitions or debates preceding enactment: moved from victim-driven to victim-oriented, e. g. smacking children movement is pro-child, not anti-adult.
