The concept of Anglo-American criminal law has evolved over a thousand years, responding to new knowledge about the origins of human behaviour and to power
struggles between church and state. In the Anglo-Saxon period, it considered crime as a tort (essentially, something that causes loss or harm). The remedy was compensatory. And although the
Roman tradition of the Law of the Twelve Tables speaks of intent as opposed to negligence, it too treats crime asa tort. As the law and society matured, criminal conduct became a concern of society, not of individuals. The King’s Courts in in England in the 12th century, under Henry II, described the crimes of homicide, mayhem, robbery, arson, and rape. Compensatory remedies for these crimes ended, and punishment emerged as a new
remedy for criminal conduct.
As a result, in communities visited by crime, a problem arose: the invisibility of the victims.
The offender takes centre stage in the criminal law system. Only in a civil case before the court would the victim take centre stage. Since the offender generally lacks money or property, it is not worth suing them. Hence, the victim’s voice remains mostly unheard.
It seems desirable to maintain criminal law as it provides an effective method of vindicating the rights of secondary victims, restrains retributive emotions in the community, and enforces public values. In Alice Springs, victim/offender reconciliation could be added to the offender’s sentence, and take place as part of the therapy of the offender that is recommended in the Conclusion of this blog to lessen the feelings of victimhood, anger,
resentment, and hatred that are expressed on social media pages such as Action for Alice 2020.
Image Suzanne Visser + DALL-E
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