The Victim in Criminal Law and Justice

Abstract

The Victim in Criminal Law and Justice is essentially an historical account of the role of the crime victim from Norman times using the genealogical method adapted from Michel Foucault. In contrast to orthodox accounts that tend to focus on the chronological appropriation of the criminal conflict by the state, Kirchengast concentrates on ‘the development and institutionalisation of discourses of victim power’ rather than the chronological ordering of events (at p. 16). His core thesis is that the victim's early common law role has continued to shape the criminal justice system over the centuries. Whilst most contemporary literature recognizes that, on a normative basis, prosecution and sentencing are functions of the state, Kirchengast's genealogical analysis illustrates how the historical role of the victim has underpinned the development of prosecutorial and punitive powers over the centuries. His aim is certainly laudable, if somewhat ambitious. The book consists of nine chapters. The...