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Victim rights theories
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Victims’ rights under human right is a one of the global issues which people concern a lot nowadays. The Crime Victims’ Rights Act (CVRA) claimed that the victims and their families are ignored and treated as non-participants. Also, the judges only focus on defendants’ right and did not offer any place for them in a court system. The purposes of the CVRA are to keep inform about all development in the criminal justice process to the victim of the crime and also to facilitate the participation of victim. (Paul, Nathanael, Bradley., 2014) The CVRA containing specific provision addressing a place for victim in the criminal proceeding as well as a right of judicial review. (Cassell, 2015)
According to Cassell, Nathanael, Bradley (2014), since
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Service right means to provide a better treatment and experiences to the victim in the criminal justice system while the procedural right means to provide more participatory role to the victim with in the decision-making process like sentencing. (Marie, 2015) The main reasons why it is so difficult to balance the rights of victims with the rights of offenders at the first period or at the moment are the the privacy of victim, judgment of who is the victim and the emotional act of the …show more content…
Hong Kong as an international city should put more afford on victims’ right for example to amend the Victim Charter or even to change the charter to a legally binding ordinances. Although it is a step too far to say that victims are the center or the heart of the justice system, victim should not be neglected in any cases. (Jana, 2011) As I have mentioned that if the victim is treated better, the more people are willing to report the crime to the police. The crime rate would be more accurate. Also, there are mainly three conflicts between the victim and the defendant and they are the protection of victims’ privacy, the judgment of who is the victim and the emotional act towards the defendant. Hopefully, there will be more protection on victims’ right in Hong Kong in a foreseeable
Justice can be achieved through various processes and principles if applied correctly, similarly justice can also be denied through these same processes and principles. This is exemplified through the Andrew Mallard case (M v The Queen 2005 HCA 68), and the missing persons case of Kieffen Raggett (2007) which shows how the incorrect application of processes like police investigations and coronial inquests can lead to justice being denied. Furthermore, legal principles such as; the rights of the accused and victims, are instrumental in achieving justice as shown through the application of these principles within these cases. These processes and principles can fail due to prejudged conclusions, police corruption, human error and cultural barriers
Addresses obligations resulting from those harms (the offenders’, but also the communities’ and the societies).
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
How and Why the U.S. Supreme Court developed the law governing the use of “Victim Impact Statements” (VIS)?
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
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.
In order for one to understand the criminal justice system, it is important to study both the criminal law of one’s own country as well as surrounding countries. By engaging in comparative criminal justice studies, one can expand this knowledge through the discovery of similarities and differences in the structure of criminal justice agencies of various nations or states. There are a multitude of factors which could contribute to the differences in each nation’s criminal justice system. By studying the ways in which other countries operate their criminal justice system, it may be possible to learn ways in which we could better our own system. In order to do this, we can study the ways in which various court systems operate around the world. In doing so, we will examine countries with both a different and similar judicial system to ours and discover the differences in how each operates. In furtherance of understanding the criminal justice system, we will
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
The idea of having a criminal law, procedure and a proper court system has been a concern and must in the United States since it was first founded. This concept is always under consistent speculation and undergoes changes almost every year. One of the most influential pieces included into the procedure of criminal law and the court system is the Bill of Rights. The Bill of Rights was created by the representatives of America to not only enforce the idea of substantive law, but also create a framework for the rights of every day Americans. Ever since the creation of the Bill of Rights, there has been a constant need for change laws and procedures in order to accommodate for rights given to each citizen. In this paper, the analysis of the affect of the Bill of Rights will be analyzed as well as the reasons for increased incarceration rates and the issue of plea bargaining.
"Rights of the Accused." : Supreme Court Cases. N.p., n.d. Web. 2 Dec. 2013. .
Across the world, there are a great deal of people that are likely to become victims of offenses against themselves or their property. The criminal justice system is used to govern crimes and impose penalties on individuals that may violate laws. The criminal justice system is made up of different agencies that include: law enforcement, the courts, and corrections. Within this paper, I will discuss the roles of the prosecutor, the defense attorney, the criminal, and the victim and how victimization affects each role. Also, I will inform you about the goals of sentencing associated with each role. The goals of alternative sanctions will be discussed. I will also let u know what recommendations I have regarding victims’ rights.
Over the years, the traditional criminal justice system has emphasized offenders’ accountability through punishment and stigmatization. The emphasis on the retributive philosophy made it challenging for the system to meaningfully assist and empower crime victims. In the criminal justice system, victims often face insensitive treatment with little or no opportunity for input into the perseverance of their case and report feeling voiceless in the process used (Choi, Gilbert, & Green, 2013:114). Crime victims, advocates, and practitioners have called for an expansion of victims’ rights and community-based alternatives, rather than punishment-oriented justice policies. What victims want from the criminal justice system is a less formal process, more information about case processing, respectful treatment, and emotional restoration.
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...
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.
There are instances when high-risk crime victims tend to resemble profiles of crime perpetrators. Some of the factors that contribute to the criminal becoming the victim are due to geographical location, social networks and deviant lifestyles.