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Issues facing victims in the criminal justice system
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In ‘Whose Statement Is It? An Examination of Victim Impact Statements Delivered in Court’, the researchers looked at several different concepts and questions pertaining to victim impact statements. To help victims alleviate their suffering, victim impact statements are a way that the criminal justice system implemented to allow victims to participate in the case and have a voice. One of the issues with this is that the narratives are regulated which can lead to frustration and anger from the victims. Victims might not be able to express their true emotions and feeling to the offender or to the court. These constraints on the victim impact statements may hinder their healing and neglect their therapeutic purpose. The study’s objective is to …show more content…
First, the respondents wrote a whole array of different things to convey different emotions and feelings to the defendant. This includes: expressing of grief and anger towards the defendant, memorating the victim, defending the victim’s reputation, justifying the sentence, asking unanswered questions, etc. (Englebrecht & Chavez 2014). In order to write these statements, the victims had to go through a tedious process. The victims had to get the statement approved by victim advocates or prosecutors (Englebrecht & Chavez 2014). Mostly, the victim advocates or the prosecutors don’t guide the victim in wirting their statements, but they do want to steer them away from threats against the defendant, obscenely language, or negative views about the ruling or the court (Englebrecht & Chavez 2014). They do monitor the victim statements and has to approve them before it can be said in court (Englebrecht & Chavez 2014). The judge can stop a victim statement at his/ her own discretion (Englebrecht & Chavez 2014). This causes friction between the victims and the criminal justice system as the process is long and have some …show more content…
There should be a few restrictions like no inappropriate language or no threatening the defendant. That is to be respectful in court and would be highly inappropriate. The victims should be able to express their opinions about the court and the ruling. While judges may not like it, they can learn from it and be sympathetic towards the victim. It can help with their healing as they can express all their opinions and their emotions of the case. Also, the time to process case would have to be shorten. This would be extremely difficult as their are multiple cases that need to be trialed and
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...
…many people now acquire "victimhood" through counseling. Being a "victim" draws sympathy. It explains the tragedies, the failures, the hardships, the health problems and the disappointments of life. It relieves people of some of life's natural burdens: dealing with complexity, facing things beyond their control, and accepting responsibility for decisions and actions.
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
Viewing a judge's sentence creates a divide in society. Will the accused be offered a fair trial? Could t...
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
Linking this back to my previous statement, the accused needed to be trialed. The first problem that arises is the fact that the judges can rule how they please towards the accused. We all have times when we feel better than others and this can affect our reasoning as well as our attitude towards certain aspects of life. This statement also applies to the judges when they are in court. Naturally they are supposed to determine whether the accused is guilty of the crime that has happened and come up with a reasonable and suitable punishment but some judges let their personal affairs get in the way. While this might sound strictly unjust to the accused, the judge displays signs of inequality when he or she lets signs of weakness from the victim affect their final verdict. The judge is there to assign a verdict as well as give out the proper punishment that is associated with the crime that was committed. If the judge changes their decision based on their point of view as well as how they feel towards the accused this means that the judge is bias. This creates an inequality between the accused members because if different people have been accused of the same crime and get the same judge they might get different verdicts depending on what the judge thinks and feels about them. Beccaria states that ‘‘we see the same court
Describe the advantages and/or disadvantages of victim impact statements. Should victim impact statements be allowed during the sentencing phase of a criminal trial?
What is a victim? Especially a victim of crime, according to Encarta Dictionary, a victim is a person that is harm, wounded or killed as a result of a crime, an accident or an event. Being a crime victim can be very upsetting; it comes with a large percentage of negativity. In an article reported by Erika V. Cox, it explains that a large number of crime victims seem to suffer after the actual crime has been committed. For example victims go through several procedures such as interrogation and question; that can make them recollect the terrible situation that has occurred to them. (Cox, 2006) At times people suggest and tend to blame the victims on how there is a reason that caused the situation or did something to intensify the possibility of becoming a victim of crime. Throughout time victims can experience anxiety and stress due to how severe the crime was. (Cox, 2006) A victim can be able to encounter mental and physical problems and not involving the nervous tension of lost income due to the criminal justice courts. Several victims suffer economic destitution because of the fact that they have to arrive in court to testify. Aside from income, a victim can suffer both long term and short term conditions. A long term physical state can be getting shot or stab and becoming paralyzed. A short term problem can be post traumatic stress disorder, flashbacks and difficulty living a normal life. And after it all visiting psychologist and physical therapy professions is not cheap. Crime victims suffer and stumble upon many complications and costs and it can be really difficult for someone. (Cox, 2006)
A victim is someone who has been harmed whether its physically, mentally, or emotionally, sometimes even all three. A victim is someone who has had a crime committed against them. Whether it’s something nonviolent like theft of identity or very violent like rape or murder. Victimization doesn’t always stop after the crime has been solved and the offender has been punished. The mentality of a victim can drastically change for the rest of their lives. Whether it’s being scared to walk alone or waking up screaming in the night due to Post Traumatic Stress disorder. In order to help monitor crime we do have the National Crime Victimization Survey or NCVS. Which is information and statistics reported annually based on a sample. It shows characteristics of crimes, the frequencies of crimes, consequences of victimization, whether the crime was reported to the police or not, and the victims experience with the justice system. The report also shows victims
A common issue victims have faced in the CJS is feelings of neglect towards their victimization. Other than testifying, they have little involvement in the system (doj, 2014; victims of crime, 2012). In 1979, South Australia launched a committee of enquiry into Victims of crime and their needs. They reported back with recommendations in 1981, including the use of victim impact statements (Erez, Roeger & OConnell, 1994). The right to give a VIS aims to address the victim's problem through acknowledging victims and their involvement in the crime (aic, 1994), as well as allowing them to share information they could not disclose through testifying.
INTRODUCTION At the end of the trial, if the judge finds the evidence is strong enough, they will decide that the accused is guilty. But before the judge give the sentence, DPP will tell the court why the sentence should be heavy. This is where the DPP will invite the witness to talk about their suffering because of the crime, in court. If you don’t want to speak in court, then you can also prepare a statement to be read out in court by the DPP or a family member. This statement is called the Victim Impact Statement (VIS).
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...
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