Factors Influencing Discretionary Decision-Making of Victims of Crime

Abstract

A victim’s discretionary decision to report a crime is subject to the influence of widespread community beliefs that have historically pervaded all aspects of the criminal justice process from initial police investigations to the trial. The choice of victims to report an offence is also controlled by overriding public interest considerations that often effectively prioritise community protection over victims' rights. The aim and effect of these influences is to diminish the accountability of the offender and distort the administration of criminal justice by discouraging the reporting of crime.

Keywords: criminal justice; criminal law; victims of crime; discretion