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Victim impact statement essay
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The Impact of victims of crime have long been considered to be overlooked when it comes to the criminal justice system. It is common for victims of crime to feel powerless and without a voice in the criminal justice system. However, since 1980 Australian victims have had the chance to be heard through a document called a Victim Impact Statement, giving the victims a chance to tell the courts about the effect that the crime has burdened on them individually, physically and emotionally as well as their families and friends as a society.
According to the Australian Institute of Criminology (2016) “A Victim Impact Statement (VIS) is a statement about the impact that a crime has had on the victim, once an offender has been convicted and is to be
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It is important that they feel that the offender is being punished for the crime they have committed. There have been several arguments that victims input into cases may propel the different objectives of sentencing. Vengeance is improved when the degree of the harm caused to the victim is revealed so that the punishment distributed can be measured against the level of damage created. Victim contribution improves prevention since it increases prosecutorial effectiveness, which greatly improves the odds of the offender being found guilty. Victim cooperation may likewise advance recovery as the offender stands up to the truth of the harm caused to the victim. (Hoffman, …show more content…
Defence lawyers usually perceive increased victim contribution as obstructing the defence. Trepidations over postponements and extra costs for an already overburdened system if victims are permitted to participate are heavily expressed as concerns for the justice system. Some further contend that victim contributions would include almost no valuable or novel data which is not already accessible to the court. Others propose that the criminal law now considers the damage done to the victim in the meanings of crime and alleviating or exasperating situation. (Lens et.al,
Stevens, Mark. (2000). Victim Impact Statements Considered in Sentencing. Berkeley Journal of Criminal Law, 2(1), 3. Retrieved from http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1071&context=bjcl
I take into consideration that instead of authorizing the state or professional to ratify and speak their mind, the most relevance to a case the court should take into consideration of what the victim seems fit as a fair punishment or payment in forms of restitution, whether it is labor or monetary to then go along with the judge 's sentence. “The Charter, apart from other things, sets forth that the victim should enjoy the same rights as the culprit. But it is not enough to put this in writing, the law has to be changed in such a way that the victim is not only not deprived of his say, but has rights at least equal to those enjoyed by the accused”. I agree with the previous quote due to the fact that victims should not be deprived from speech and equality. I believe that by having the original parties engaged rather than being driven to the side, society will be more concerned to make sure that everyone is given fair, equal and consistent resolution to a conflict. This would establish that the neighbourhood and state have a set of shared values and goals that they are working towards to support social order. “At present, the role of a victim of a crime is only at the periphery of the criminal justice delivery system. Once the first information is furnished, the only stage at which the victim comes into the picture is when she is called upon to give evidence in court by the prosecution. The victim virtually
In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.
Elias, R. (1986). Rising Stars: Victims and Victimology. The Politics of Victimization: Victims, Victimology and Human Rights. New York. Oxford University Press, 9-26.
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
Victimology is the study of crime victims. Furthermore, victimization refers to the victims and their relationship to the criminal process, aka, the victim's role in the crime problem. An obvious result of criminal activity is costs and this is not exempted from victimization. The costs of victimization include the following: damaged property, pain and suffering to victims, and involvement of the police and other agencies of the justice system. Economic loss is linked not only to the victim but also to their community (Siegel,
Focuses on harms and consequent needs (the victims’, as well as the communities’ and the offenders’).
The general public of Australia has a common aspect when associated with their sources of knowledge of crime. Many would agree the media, especially newspapers and television, are their most frequent and well known source of crime activity. The media updates society with data about the extent, frequency and types of crimes committed (Moston and Coventry, 2011, p.53). Studies highlight our grasp of crime is majorly derived from the media, with a lack of exposure to police statistics or victimisation surveys. There is a concern in correlation to this fact since the media has inconsistency and inaccuracy in reporting crime. Due to this, the media can misrepresent victims and perpetrators, downsizing them to recognisable stereotypes (Moston and
Pros of the restorative justice system are that it brings parties together in crime. Instead of a short term goal, the restorative justice system takes a long-term approach to reducing crime and violence using different kinds of methods. In restorative justice programs, offenders work with others affected by their criminal actions. Restorative justice promotes instilling positive behaviors in young criminals and teaching long-lasting changes in behavior to prevent future crimes. There also could be negative consequences from the restorative justice system. For restorative justice to work, criminals and their victims must communicate about the crime and its consequences. Since violent crimes often leave victims feeling helpless and vulnerable, encouraging communication can result in increased anxiety and fear. Additionally, communication might breach confidentiality for victims of violent crimes, such as rape and assault, because they must discuss the outcome of the crime and how it has impacted
It's January 11, 2016 and I am getting ready to attend the victim impact panel. My thoughts going into this event are filled with uncertainty. I suspect, I will hear many things that will hit home and cause me to reflect on my personal situation. As I look back, I consider myself very fortunate. I was not in a car accident. I did not hurt anyone or myself. I thank god every day for that fact. As I approached the justice center, I suspect the story I am about to hear will have a very different ending. I clear security and proceed to the third floor. My initial thoughts as I sit with the attendees is that I am surprised by the number of young people and women attending the meeting. Shortly after checking in, the probation officer informed the group that the speaker had to cancel.
Generally, the study of crime mainly focused on the offender until quite recently. In fact, Shapland et al (1985) described the victim as ‘the forgotten man’ of the criminal justice system and ‘the non-person in the eyes of the professional participants’. A new perspective was brought with victimology, an expanding sub-discipline of crimin...
Wolhuter, Lorraine, Neil Olley, and David Denham. Victimology: victimisation and victims’ rights. London: Routledge-Cavendish, 2009.
Christie, N. (1986) ‘The ideal victim’, in E. Fattah, (Ed.), From Crime Policy to Victim Policy: Reorienting the Justice System New York: St Matins Press
The consideration of victims by policy makers has taken a much larger role in influencing legislative change in the prevention of crime and the assistance of crime victims, however reforms based on victims remain largely localised to popularised cases and often fail to enter the trial side of the criminal justice system. Victims have the capacity to act as catalysts for reform, but their treatment and consideration in the criminal justice system continues to act more as an indicator of success by the system.
As the purpose of restorative justice is to mend the very relationship between the victim, offender, and society, communities that embrace restorative justice foster an awareness on how the act has harmed others. Braithwaite (1989) notes that by rejecting only the criminal act and not the offender, restorative justice allows for a closer empathetic relationship between the offender, victims, and community. By acknowledging the intrinsic worth of the offender and their ability to contribute back to the community, restorative justice shows how all individuals are capable of being useful despite criminal acts previous. This encourages offenders to safely reintegrate into society, as they are encouraged to rejoin and find rapport with the community through their emotions and