Toward a Conceptual Framework of Criminal Justice System Harms

Criminal justice systems are designed to respond to crime, yet they also produce harms that are not well conceptualized within existing victimization frameworks. This paper advances a conceptual framework for understanding criminal justice system (CJS) harms as a distinct form of victimization. Drawing on insights from victimology and zemiology, we identify key dimensions of these harms, including source (commission and omission), intentionality, level (individual, organizational, and structural), and form (physical, psychological, financial, relational, and legitimacy-related). Building on prior empirical work identifying groups most at risk, we illustrate how CJS harms are experienced across diverse populations, including victim-defendants, formerly incarcerated individuals, and victims and their family members. We argue that these harms are often cumulative, overlapping, and insufficiently recognized within traditional victimization frameworks. Conceptualizing CJS harms as a type of victimization enhances theoretical clarity, expands the boundaries of who is recognized as a victim, and provides a foundation for systematic measurement, improved victim services, and institutional accountability.