The victim as a client of the penal system

Abstract

Home Criminal Law-Making Chapter The Victim As a Client of the Penal System Claudio González Chapter First Online: 30 May 2021 281 Accesses

Part of the Legisprudence Library book series (LEGIS,volume 7)

Abstract This paper explores one of the most palpable managerial manifestations of contemporary criminal policy, we refer to the process of introducing the client-user paradigm in the penal system. To do this, we review the process of how the victim acquired prominence, reaching the point of being treated as the client of a service provider company (service and product criminal justice). We also observe the complex debate about what should be understood by “client” in public administration, and how that discussion impacts on criminal policy. To concretize that, we will focus on the Chilean reality, exposing our analysis on the called Models of Attention to Users of the criminal justice system, especially those implemented by the Public Ministry of Chile. Based on this observation, we conclude that this managerial manifestation corresponds to an ongoing process, which has a positive side related to improving access to “the justice service”. However, on the other hand, there could also be unwanted political and criminal consequences, such as the risk that many customer service policies become only a “symbolic or substitute” offer to resolve the criminal conflict. We conclude that the origin of this danger is that some of these measures are inspired to improve the image of the institutions of justice among the citizens, and not aimed at profound changes in the criminal justice system.