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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,
Focuses on harms and consequent needs (the victims’, as well as the communities’ and the offenders’).
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
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...
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
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
This voluntary alternative gives the offender the opportunity to take responsibility for their actions and identify the impact they have had on their victim, while also giving the victim the chance to confront the offender and take steps to repair the harm done. The victim can ask the offender questions about the crime and the offender may apologise or make amends for their actions. Restorative justice is confrontational and can be difficult for both parties but is proven to help both the offender and victim. While it is confrontational for the victim, for some it can be better than testifying in court. Data shows that restorative justice greatly helps victims in their recovery from the offence. Although the benefits of restorative justice in adult offenders is unclear, it significantly reduces the number of reoffenders in youth. For this reason, restorative justice is mostly used for minor infringements and within the youth justice system.
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.
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
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
Elias, R. (1986). Rising Stars: Victims and Victimology. The Politics of Victimization: Victims, Victimology and Human Rights. New York. Oxford University Press, 9-26.
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,
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
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...
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