Victim-focused Discourse in Criminal Legislation and Its Punitive Implications: An Anglo-American Theoretical Analysis

One of the most prominent trends in contemporary criminal justice policy is the growing significance of victims in criminal justice decision-making. While recent discourse on victim-centered approaches has predominantly focused on procedural matters, this study examines how victim-oriented discourse has changed the landscape of substantive criminal law through analysis of theoretical discussions and legislative developments in Anglo-American jurisdictions. The enhanced status of victims has influenced criminal substantive law through three mechanisms: the expansion of criminal elements through victim-oriented interpretation, the symbolic use of victims to legitimize state penal power, and the proliferation of risk-based regulations prioritizing potential victim protection over traditional culpability principles. This transformation has fostered a form of punitive populism that mobilizes collective anxiety in service of potential victim protection, thereby creating a tension between victims’ interests and defendants’ rights. By identifying the nexus between victim- oriented discourse and punitive criminal legislative policy trends, this study provides a framework for constructing legitimate victim-oriented criminal law in a rapidly changing criminal justice environment. In particular, drawing upon Anglo-American theoretical discussions, it suggests the need to set specific legislative criteria and limitations to ensure that the legitimate objective of victim protection does not result in arbitrary expansion of state penal power.