Law Commons^™

Using Criminal Punishment To Serve Both Victim And Social Needs, Erin O'Hara O'Connor, Maria Mayo Robbins

Scholarly Publications

The criminal offender often commits two distinct wrongs with each criminal act. First, the offender commits a wrong against the victim, who is left feeling both aggrieved and vulnerable. Second, the offender wrongs society by engaging in conduct that violates social norms, thereby undermining others’ senses of personal security. The two wrongs are often addressed in different ways, and an exclusive or even primary focus on one can interfere with effective redress of the other.

For example, “criminal justice” in early western legal systems often began with vigilante justice, which was left entirely to victims and their allies. Even when …