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The purpose of the criminological victim impact statement
The purpose of the criminological victim impact statement
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o Describe the advantages and/or disadvantages of victim impact statements. Should victim impact statements be allowed during the sentencing phase of a criminal trial?
Although evidence is one of the main important factors in court and during trials, victim impact statements are just as important. The key points of court hearings and a trials taking place is to punish the offender and to grant the victim justice. Victim impact statements are used in the criminal justice system to help the jury and mainly the judge understand how the crime has affected the victim (Department of Justice & Regulation: Victim Impact Statements, 2015). At some phase of the sentencing process, all 50 states allow impact statements (Victim Impact Statements, 2015). Victim impact statements has both advantages and disadvantages. Despite the disadvantages, victim statements are powerful aspects of victim’s rights.
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There are various advantages of victim impact statements which are of course aimed towards the victim.
For example, in a victim impact statement a victim can request restitution for expenses concurred due to crime, request a reasonable sentence, suggest things like counseling and long-term probation, and receive the closure the victim may need (ITRC Fact Sheet Victim Impact Statements, 2015). One major advantage of victim impact statements is they give the right for victims to tell their story about the crime and how the crime may have impacted them physically, socially, emotionally, and financially (Department of Justice & Regulation: Victim Impact Statements, 2015). The victim is given the chance to talk about how they feel and what has happened to them after the crime. Other advantages of victim impact statements include the fact that they are optional and, being there is no restrictions on what the victim can say or include in the statement (Fox, Slide 3,
2015). The disadvantages of victim impact statement are directed towards offenders. According to those against victim impact statements, a disadvantage is that they may get in the way of fair sentencing, due to the emotions of victims being too passionate and possibly having an effect on those listening (Fox, Slide 4, 2015). Another disadvantage of victim impact statements is they may result in a harsher or longer sentence for the offender (Fox, Slide 4, 2015). Other disadvantages of victim impact statements include, the possibility that some of the information included may not be true, there is no way to validate the information included, and lastly, the victim may not truly be as impacted or sincere as the statement entails. Victim impact statements are of the rights of victims which are controversial and commonly debated about in the criminal justice field (Wallace & Roberson, 2015). I think victim impact statements should definitely be allowed during the phase of a criminal trial. The main reason is because the victim is then able to themselves help the offender and the court to better understand how the crime has affected them. I think this is important because it helps many victims after sentencing feel as if they received the proper closure necessary to move on. Although victims have prosecutors on their sides to help tell their story, I do not think there is anything like the victim stating themselves how they have been impacted. I have personally attended trials and court proceedings where victim impact statements have been given or read and I think it is important for the judge to hear how the crime has altered the victim’s life and any recommendations the victims may have. After all, it is part of showing the victim that they have rights that are open to be heard.
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
Other Variables: Gender and Political Affiliation Lastly, we examined the effects of the participant’s gender and political attitudes. Each factor was treated as a fourth independent variable in an ANOVA. There were no main effects but a significant interaction was observed between the independent variables being jury gender, the race of the victim, perspective taking and victim impact statements and the dependent variable being the empathy for the defendant with F(1,107) = 6.879, p = 0.010.
Capital Murder is a heinous crime. Today i’m going to tell you all you need to know about Capital Murder. This type of crime will normally lead to the death penalty or life in prison which i wouldn’t imagine either one is not preferable so guys try to refrain from murder in general.
Taylor, N & Joudo, J. 2005. “The impact of pre-recorded video and closed circuit television testimony by adult sexual assault complainants on jury decision-making: an experimental study”, Research and Public Policy Series, No. 68, Australian Institute of Criminology.
Victimology is the scientific study of the physical, emotional, and financial harm people suffer from illegal activities. A common struggle Victimologists face is determining who the victim is. In general, crimes don 't have an “ideal victim”. The term ideal victims refer to someone who receives the most sympathy from society (Christie, 2016). An example of this would be a hardworking, honest man who on his way to work, had his wallet taken by force. Most people in society would have sympathy for him. He spent his life making an honest living to earn what he has and was a victim of a robbery. Victimologists study the interactions victims have with criminals, society, and the criminal justice system (Karmen, 2015). According to (Karmen, 2015)
The criminal laws of the United States are more intent on protecting the rights of criminals than penalizing them. Today’s inmates live better off than most American citizens who are often working two jobs just to meet paying their taxes. A criminal can literally get away with murder because of a technicality, police can barely interrogate suspects without the suspects’ lawyers stating some legal issues that prevent further investigations. It almost seems that the very people who do not respect the law are above it.
Discuss the nature of victim participation in the criminal justice process. Provide your assessment on the adequacy of this participation.
When the victim does not fit the ideal victim attributes which society has familiarised themselves with, it can cause complications and confusion. Experts have noticed there is already a significant presence of victim blaming, especially for cases involving both genders. The fear of being blamed and rejected by the public is prominent in all victims. Victim blaming proclaims the victim also played a role in the crime by allowing the crime to occur through their actions (Kilmartin and Allison, 2017, p.21). Agarin (2014, p.173) underlines the problem of victim blaming is due to the mass of social problems and misconceptions within society. The offender can have “an edge in court of public opinion” if victim blaming exists, resulting in the prevention of the case accomplishing an effective deduction in court (Humphries, 2009, p.27). Thus, victims will become more reluctant to report offences because of their decrease in trust in the police and criminal justice system, leading to the dark figure of
Victimology is a scientific research and study with insights on the issues and patterns of victimization. These issues lead to inquiries regarding relationships of the parties, the vulnerabilities of the victim, and the attacker’s affect upon the victim and the other individuals that surrounded said victim. Understanding the relationships, the victim, the attacker, and the crime open up theories to patterns developed from such victimization. Moving through this process in preparing, equipping, and training for said crimes enhances
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
This assignment will identify the strengths and weaknesses regarding the fundamentals of the interviewing, and whether the seven stages in the interview sequence were properly used by the detective in film Interviewing victims and witnesses. Many Successful victim and witness interviews use foundational knowledge to explore and evaluate the role of six key factors and seven stages have in successful interviews. I will carefully examine the effectiveness of the structure that was used by the detective, and identify the presence of proxemics, micro-skills involved in listening, the development of rapport, and possible barriers to communication.
This approach has introduced a criminal justice policy agenda. In the past, victims to criminal activities have been outsiders to the criminal conflict. In recent times, many efforts have been made to give the victims a more central role in the criminal justice system. Some of these efforts were introduced a few years back, though even at that time, these efforts were seen as long overdue. Some of these efforts include access to state compensation and forms of practical support. For advocates of restorative justice, crime is perceived primarily as a violation of people and relationships, and the aim is to make amends for all the harm suffered by victims, offenders and communities. The most commonly used forms of restorative justice include direct mediation, indirect mediation, restorative cautioning, sentencing panels or circles and conferencing. In recent...
Unfortunately, the Peterson case is not unique. Their case is only an example of one of a million crimes that are committed daily in which the death penalty could be applicable to punish the perpetrators and therefore stop them before they attack, kill, rape, or rob another victim. However, not all of the murderers or serial killers are captured and most of the time, it takes many years to get enough evidence to give closure to their innocent victims and their families. I am interested in the subject of the death penalty because like many Americans I am scared that one day what happened to the Petersons may happen to me or to one of my loved ones; and if it did I would want justice to be imparted. Therefore, in my speech, I will provide you with information that illustrates the benefits of the death penalty and why it should be used in some cases.
In recent years the role of victims in the criminal justice system has risen into prominence, inspiring much research into victim experience and possible reform. There are a multitude of factors that influence policy makers in relation to reforming the criminal justice system, one of which is victims. However, victims while they can be catalysts for reforms such as the case of James Ramage among others, they still play a relatively minor role in influencing policy change.
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