ABSTRACT

This chapter presents the way in which Wolfgang’s ideas about “victim individualization” have been manifested in recent legislative developments and justice practices. It analyzes the prevailing penological philosophy and considers how this philosophy may be conceptually and practically linked to the individualization of the victim. The chapter describes areas of the criminal justice system in which a victim role has gained recognition, and discusses the theoretical obstacles to a victim orientation. It draws upon empirical research conducted by Erez and her colleagues and identifies the accommodations made by the justice system’s agents to incorporate or circumvent such victim-oriented norms. Penological theory was dominated until recent times by a rehabilitationist philosophy, the key concept of which was the individualization of the offender. Legal occupational culture, in interaction with organizational concerns jointly combine to exert restrictions on the ability of the system to accommodate individual victims. The chapter provides a consideration of the ramifications of these developments for victimological theory and research.