In the traditional criminal justice paradigm, it was focused on only the criminal punishment, and the victim of the crime was regarded a forgotten existence. In the investigation process, to strengthen the rights of crime victims and to restore the cr...
In the traditional criminal justice paradigm, it was focused on only the criminal punishment, and the victim of the crime was regarded a forgotten existence. In the investigation process, to strengthen the rights of crime victims and to restore the criminal injury, the paradigm of the protection of the criminal victims by the police needs to be changed as well. Since the mid-1980s, there has been a change in perceptions of victims of crime, and efforts have been made to protect the victims of crime and their rights.
At the point of that the protection of the criminal victims by the police can be best crime prevention in that it can raise a sense of solidarity between the police and the general public who are victims of potential crime as well as actual victims of crime. Police have many opportunities to contact the public from the crime prevention stage, and the crime scene, as well as the after the crime finished. Thus, police can be the first contact person with the victim. Therefore, measures to protect crime victims start with police activities. In this regard, the police are the criminal justice agencies that should establish and implement the most effective measures for the protection of victims of crime. Police activities based on the restorative justice principle, can be a fundamental alternative to the protection of crime victims as well as the strengthening of community capacity through the organic cooperation between the police and the community.
However, in spite of the police's efforts to protect the victims of crime, in reality, the crime investigation of the police is still carried out in the logic of prioritized practices and performance priorities. So, it can be said that protection of crime victims by police was closer to symbolic than practical.
Until now, the protection of crime victims by police has been mainly focused on victims of violent crime. However, in the light of the diversity of crime, victims of crime are also affected differently according to various crime patterns. Therefore, measures to protection of crime victims by police need to be established and implemented for each type of crime. Police are also in the position to find crime victims first than any other organization and play a decisive role in the intervention at the initial stages of the victim. Therefore, various efforts are needed to protect crime victims during the initial investigation.
This paper focuses on the protection of the criminal victims by police, especially the protection of crime victims by investigative police. In order to be effective in the scope of the debate, the police will discuss only the inevitable part of the discussion related to victim support and focus on the police measures related to the protection of crime victims.
In this paper, it is assumed that in accordance with the paradigm change of the criminal justice system, the paradigm of the protection of crime victims by police should be changed as well. Also by this paper, I want to show the correct direction to protect the criminal victims by police as an institution that can establish and implement the most effective measures for the protection of criminal victims. In particular, the protection of crime victims by police should be individualized according to the type of crime, based on the recognition of the importance of the role of a police officer who first seeks victims of crime in a crime scene. In particular, the primary investigation focuses on the problems of crime victim protection and improvement measures, and aims to improve the practical measures for the protection of crime victims for trust of the people and the police. For the purpose of above discussion, the following contents are covered.
At first, this paper evaluates the status of crime victims in the traditional criminal justice paradigm. It also explains that the perspective of victimology and the ideology of restorative justice act as a trigger for the paradigm shift in criminal justice. And examining the role of the police in the criminal justice as the police function of the police, discuss the expansion and role change of the police function according to the social change. Through the definition of crime and crime victims at the police level, the scope of crime is defined and the status of victims of crime is examined at the police level. Also, for the various discussions on the protection of the criminal victims by police, the present situation of the police organization for the protection of the criminal victims by the foreign police and its operation and protection contents are introduced.
In order to establish effective the measures for protection of crime victims according to crime types, this paper analyzes the characteristics of crime victims according to each crime type for violent crime, sexual violence crime, domestic violence crime and property crime. And it investigates the problem of the police investigation process for victims of crime. In addition, the measures to protect crime victims according to the investigation stage are divided into primary investigation, subordinate investigation and crime victim investigation. After reviewing these it suggests improvement measures.
Based on the recognition that the protection of victims' rights in the criminal procedure should start from the protection of the victims in the investigation process, the measures to protect victims in the initial investigation stage are presented as practicable. Police should be involved in criminal victim-centered thinking and procedures during the period from the initial investigation to the filing, acceptance, dispatch and investigation. These efforts will not only give the public confidence in the police, but also match the factual truth of the case to the discovery.