Victims' Rights and Victims' Wrongs: Comparative Liability in Criminal Law

By Vera Bergelson | Go to book overview

4

THE PRINCIPLE OF CONDITIONALITY OF RIGHTS

HOW CAN VICTIMS LOSE OR REDUCE THEIR
RIGHTS?

The right not to be harmed is a fundamental human right and, as such, may very rarely, if ever, be lost completely; however, it may be reduced. That certainly does not mean that it may suddenly drop from 100 percent to 70 percent. What it means is that the right not to be harmed constitutes a cluster of distinguishable rights, including the right not to be attacked; not to be attacked with deadly weapons; and not to be physically hurt, seriously injured, maimed, tortured, raped, or killed. A person's actions may trigger the loss of some of those specific rights and, in this sense, reduce the overall right not to be harmed.

Accordingly, a person who with the owner's consent destroyed a valuable piece of property has violated no rights of the owner and is usually guilty of no offense. And a person who while acting in self-defense applied more force than reasonably necessary is responsible only for that “extra” force because the aggressor has lost his right not to be attacked at all but retained a right not to be attacked with a disproportionate amount of force.1

These examples, illustrating the principle of conditionality of rights, prompt a vital question: how can people lose their rights to life, liberty, or property? Some scholars believe that victims are to be blamed for any misfortune that happens to them. For instance, a criminologist, Heinrich Applebaum, has argued that unless the police start cracking down on the victims of criminal acts, the crime rate in this country will continue to rise.2 In his view, the people who are responsible for crime are the victims: “They walk down a street after dark, or they display jewelry in their store window, or they have their cash

-91-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Victims' Rights and Victims' Wrongs: Comparative Liability in Criminal Law
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 237

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.