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The purpose of the criminological victim impact statement
Victim impact statements essay
The purpose of the criminological victim impact statement
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I. INTRODUCTION
The purpose of this paper is to discuss the Victims Impact Statement. This policy has taken place to help the victims of crimes while giving them a voice during the sentencing trial of the offender. The Victims Impact Statement was given more importance in the mid-1970s; this policy ultimately gives victims the power to make statements at the sentencing phase of criminal proceedings. After the defendant has been found guilty by the judge or jury, the victim is afforded the opportunity to make a statement to the court regarding the impact of the crime on the victim and their family (Mark Stevens). I will examine the policy of Victim Impact Statement with the goal of discussing what has worked and how it has helped the victims;
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The prosecutor is supposed to represent the victim, however it is the interest of the prosecutor to represent the state. Due to this trend, many victims started to experience economical and psychological problems and most importantly a sense of injustice emerged. As a result of these factors, many agencies and local governments started to put in place some laws that guaranteed the basics rights of victims in the early 1970s. For example crime victims compensation was put in place and rape shield provisions (Paul G. Cassell). However, it wasn’t until 1982 that President Ronald Reagan appointed a Task Force on Victims of Crime; their biggest conclusion was that “ The Criminal Justice System had lost the balance that has been the cornerstone of its wisdom” (Presidents Task Force on Victims of Crime) and recommended various reforms to the way victims were treated in the Criminal Justice System. The task force recommended, “victims, no less than defendants, are entitled to have their views considered at sentencing” (President Task Force, Pg …show more content…
JUSTIFICATIONS FOR VICTIM IMPACT STATEMENTS As mentioned previously, Victim Impact Statements help provide information that in some instances might not be available to courts or parole boards. In addition, victims are often not called to testify, and when they do, they only answer to narrow questions, which don’t give full detail regarding the victim’s perception. Therefore the Victim Impact Statement is the only opportunity that victims are given to participate in the criminal proceedings and to confront those who have harmed them. Based on these justifications, some research has been put into place to help examine the positive aspects of this policy.
Providing Information To The
Steve Bogira, a prizewinning writer, spent a year observing Chicago's Cook County Criminal Courthouse. The author focuses on two main issues, the death penalty and innocent defendants who are getting convicted by the pressure of plea bargains, which will be the focus of this review. The book tells many different stories that are told by defendants, prosecutors, a judge, clerks, and jurors; all the people who are being affected and contributing to the miscarriage of justice in today’s courtrooms.
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 things contribute to the corruption of our justice system. Within the past five years, through police brutality the United States has shown how tainted it really is. In Just Mercy, Bryan Stevenson argues that because of family history, misunderstanding youth, and background, our justice system is defined by error. His many points and examples give exceptional proof to his findings. While the government has made some changes over the years for the justice system subjects such as the incarceration of minors and police and laws within the system still need adjusting.
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
Umbreit, M. & Bradshaw, W. & Coates, R. (1994) Victims of severe violence meet the offender: restorative justice through dialogue. International Review of Victimology, 6, p321-344.
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
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.
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)
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
Elias, R. (1986). Rising Stars: Victims and Victimology. The Politics of Victimization: Victims, Victimology and Human Rights. New York. Oxford University Press, 9-26.
One contradiction in the job of the prosecutor is that they have nearly limitless direction in critical matters; however, prosecutors’ are also held to a very high ethical standard. Prosecutors must screen cases to determine which ones need to be prosecuted; nevertheless, this is the source of controversy with most people. “What makes charging decisions more intriguing and controversial is the fact that in making this decision, the prosecutor has nearly limitless discretion” (Hemmens, Brody, & Spohn, 2013). This means the prosecutor’s charging decisions are beyond any judicial review, so it must be apparent that a prosecutor
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.
There can be many barriers that effect the law enforcement community into not being able to perform their duties. First, victims of certain crimes can be difficult to deal with when attempting to apprehend the suspect and bring that individual or persons to justice. When assisting the District Attorney’s office and arresting criminals, the victim may choose to not participate, which interrupts the process and hinders the prosecution of the criminal activity that occurred. For example, cases such as these can be seen with domestic violence cases, who do not want to cooperate with what their spouse, significant other, family, or other arrangement is being charged with. In addition, to failing to cooperate, the victim will also claim that the