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Crime Victims Rights Analysis

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Crime victims have been affected by federal crimes such as rape, assault, in some states burglary and homicide. The Crime Victims’ Rights Act of 2004contains rights important in protecting the victim from the perpetrator, giving accurate and timely information about notifications on public court or complaint procedures, payments or compensations for the victims and witnesses (Doyle, 2008). A victim mainly seeks for justice, fairness, dignity and respect. Knowledge of these rights through the provided systems like the Victim and witness notifications is effective as it enables the victims to receive justice in the right and immediate time. It reduces pain since the victims are somehow assured of being addressed and their complaints resolved. …show more content…

It ascertains the victim that he or she will have a hearing in court or the parole boards. It is useful in preparations of the available evidences and the personal statements that may be required during the court proceedings (Ponton, 2009). In some of the states, lateness can lead to cancellation or postponement of the hearing hence the victim will suffer from late justice. This is unfair and retrogressive as some standards hold that justice delayed is justice that is being denied to the victim. However this may be important to victims who may be unavailable for the court proceedings due to unavoidable circumstances. The right to participate or attend the criminal justice proceedings by the crime victims and their families may include the right to attend the trial, sentencing or the parole hearing of the perpetrator. It is the right of the victims to participate in the proceedings to have assurance of the process. Of importance and significance also is that they may note the counsel’s argument as well as weigh in the different reactions from the jury and

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3. Discuss the issue regarding the victims ' rights to notification regarding important proceeding, decisions, and actions related to their case. Under the first category of Victim’s Rights, known as The Right to be Informed, the textbook states, “all states provide victims with the right to be notified about important proceedings, decisions, and actions related to their case” (Hemmens, Brody, & Spohn, 2013). This includes the following victims are to be informed of: time and place of court proceedings, release of a defendant from custody, dismissal of charges, negotiating plea agreements, sentence imposed, and the defendant’s final release from confinement. However, issues can occur with notification from prosecutors to the victim.

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For most people, only the person involved in the encounter are labeled as victims. The pain comes in from the view of one who feels the full effects of the ordeal. However, there is more to the scope of victims than the person directly involved in the crime. Debra narrates how much her family participates in events following up her kidnap and her husband’s murder. Family members would like to see the perpetrator get the death penalty.

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In the case of Tara Brown’s murder, various groups of individuals are affected. As well as maintaining principles of fair punishment and deterrence, the criminal justice system has to consider perceptions of the victim’s family (secondary victim), the community’s demand for crime prevention, and the offender’s rights to a fair court hearing. The most likely outcome is imprisonment for Lionel John Patea due to committing an indictable offence. It is important to note that if this was only a case of domestic abuse without murder, it would utilise more time, effort and expenses to come to a resolution. This is due to the different circumstances and degree of abuse that the judge has to assess.

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Crime victims like Lucia and Rosalvas play an important role in the criminal court system. “Beyond the need for victim cooperation to successfully prosecute many crimes, the courts and the people that work in them have a moral obligation to treat victims with respect and dignity. (Craig Hemmens, 2017)” Lucia Garcia in my opinion did not help the case, because she kept stating that the incident that took place was an accident and that it was her own fault. Although Rosalvas Sandoval stated that her was in fear of her own life when Mr. Garcia attempted to carjack her brothers truck when she was sitting on the passenger side. One victim in my opinion helped the case against Alfred Garcia, when one victim stood beside the defendant during the length of the

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Victims’ Rights in Liberal and Conservative States Hawaii and Tennessee are liberal and conservative states respectively because the former has a strong stand on equity among individuals while the later strongly believes in good morals. The criminal victims’ rights were founded in the 1970s due to victim marginalization that existed for a long period (Caplan 224). Montaldo argues that all the fifty states have rules to protect victims during the trial process (“How to Write” 2). These rights ensure the victims are treated fairly during the prosecution process. The criminal victims’ rights of these two states have both similarities and differences, and the states consider themselves liberal and conservative respectively due to their different belief in the role of the government.

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Suspects are informed of their varying rights at nearly all steps of the legal process. Examples include the right to a trial or the right to appeal in the case of a guilty

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The court room procedures are in place to protect the victim/ state as well as the accused. The court room procedures are also important

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The victim right’s movement of the 1980’s demonstrated a shift in the Judicial and Law Enforcement practices from Rights of the accused to rights of the victim. The fundamental right of the victim was to be represented equitably throughout the criminal justice process. There are four basic rights of the victims that are the right or information and notification, participation, the right to feel and be reasonably protected and

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For example, the parole and supervised release committee must take into consideration the victims opinion when considering a offenders release, thus limiting the boards ability to use it’s discretion on what they may be a more appropriate release date. The goals of the victim-witness program could also potentially limit the prosecutions ability to prosecute the offender for a longer sentence. For example, a victim could potentially want to forgive the offender for the harm they have been cause, therefore, seeking for a more lenient sentence then the prosecution may be seeking, thus constricting the prosecutions

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The criminal justice system has a set of rules it follows when arresting, interrogating, and placing the accused on trial. These rules are known as procedural rights. Procedural rights are the rights of the accused/defendant, when going through the criminal justice system. They are the first ten amendments of the United States Constitution (Bohm, 2018). Also, known as the Bill of Rights.

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Should the rights of the victim outweigh the rights of the accused? These passages present a discussion about arguments concerning victim rights. This is an important debate for people accused of a crime since an unbalanced justice system may lead to a false conviction. The two positions argue whether or not victim rights outweigh criminal rights. Both viewpoints have valid claims warranting consideration; for example, evidence indicates that a victim's rights should have priority over the rights an accused criminal.

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One example is the police force raiding brothels to only treat people in the commercial sex-trade as criminals. Rather than incarceration, counseling services should be made available to these previously enslaved victims. These individuals have been subject to double victimization, by traffickers and security personnel. Under those circumstances, cooperation equally demands, “victims’ attorneys and law enforcement should work together so that information can be gathered from the victim in an appropriate way. Investigators and prosecutors should know the respective state and federal rules on victims’ rights” (U.S. Department of Justice, 2015, para.

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In the formal criminal justice process, there are important decision makers that decide whether to keep the offender in the system or dismiss the suspect with no future consequences. Suppose a law was set in place

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The family is not familiar with the legal system and its processes, but cannot afford to hire an attorney. The warranty corporation has their own team of lawyers to appear on their behalf. They will be able to organize and present their material in a way that gives it legitimacy to a jury and/or judge. The family might have a legitimate claim but do not understand or know to include information that could potentially when their case. This error can lead to a negative outcome for the family who might have won if they had access to a lawyer.

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