The source examines the impact of victims being wrongfully convicted and imprisoned, and the international approach to the issue. Australia has signed the International Covenant on Civil and Political Rights (ICCPR) signed by the Australian government in 1972, which states once a person has been wrongfully convicted and they have received a punishment, by law they are entitled to compensation unless its proved there is an unknown fact which has arisen. However, this was never adopted into Australian law, as a result any individual wrongfully convicted and imprisoned isn’t entitled to any compensation under Australian law. Australia’s commitments to signing this is that all states and territories must meet their obligations under article 14 (6) which are incorporation of the domestic article into domestic legislation to ensure a legal right to compensation. Though a state or territory government does have the ability to make an ex gratia payment to a wrongfully convicted individual through a request or their own doing.
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.
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.
Second, the post crisis victim needs must be met. This includes the first responders’ needs at the time of the incident and their mental health needs afterwards. Third, victims’ rights and services must be provided during the criminal justice process. This is taking into the consideration of the victims and their rights to see the judicial proceedings carried out.
“On July 30, 1992, an innocent person was convicted of a heinous crime”. Guy Paul Morin, an ordinary man, was arrested, imprisoned and convicted of first degree murder. The victim was Christine Jessop, a nine-year-old girl from Ontario, Canada. She was found murdered in a field about fifty kilometres from where she lived. Due to the investigation team’s carelessness and tunnel vision, the systematic failure of the justice system, and the poor handling of evidence by the crown there was not only one, but two victims in this case.
Victims can be direct or indirect, meaning that they could be directly impacted by the crime or they could be the family member or close friend of the direct victim of the crime. The role of Victim Advocates is to be a place of support for victims and help alleviate the mental, physical, and emotional stress that follows a traumatic event in the victim’s life. Advocates aim to inform and educate the victims about their rights and programs, such as counseling and organizations, to help deal with the stress of the crime ("What is a victim advocate," n.d.). Advocates are the extra support system that victims need in order to try to continue life normally and get all of their
Victim witness programs are used by the government in order to provide support and assistance to those who fall victim to a crime. According to Victim Witness Program, the primary goals of such programs, include but are not limited to, encouraging victims to participate in any parole and supervised release processes of their offender, notify and facilitate victims in participation of any hearing or release dates in regards to their offender, provide options for supportive services, and advocate for crime victims (2015, para.1). The organization under which the victim-witness program is located is under a system, which has many internal constituencies, thus creating competing and conflicting purposes. The goals of the victim-witness program are quite simple and seek out to give the victim the right to be represented during the processing of the offender, however, given the multiple roles the court, for example, must serve, the goals of the victim-witness program can be both complex and conflicting.
The death toll among these police brutality victims is extremely alarming. Every year police in the United States kill hundreds of people—461 in 2013, according to incomplete FBI statistics based on self-reporting from local law enforcement agencies, and more than 1,000 in 2014 according to Champion, which combs through media reports. The fatal shooting in August of 18-year-old Michael Brown by a Ferguson, Missouri, police officer in an interaction that began over jaywalking propelled the issue of police violence and excessive force into the national news cycle. The police response to subsequent protests similarly propelled the issue of militarized police into the national news cycle (Champion,
The theories relate to Carla 's case of victimization would be, lifestyle theory posits that individuals place themselves in harm’s way by their lifestyle choices. Carla put herself in harm’s way by jogging at night by herself. Her may have lived a risking lifestyle she clearly liked smoking weed with her boyfriend. Also Deviant place theory would work to because Carla doesn’t live in bad area. The area’s around Carla’s house was safe but Casey lived in a dilapidated apartment complex that was mostly hidden off the main road, between a bar called Bikers-R-Us and a two-story county office complex used by probation officers and drug rehab counselors.
This reflection paper will first address the advantages of using retributive justice approach in three court-cases. Second, it will discuss the disadvantages of using retributive justice approaches by analyzing the three court-cases listed above. Third, it will elaborate on ways that the system could have used restorative justice processes in the cases, as well as present potential outcomes that could have been reached if restoration justice was taken into consideration. First, during lecture three, we talked about the notion of just deserts.
Victimless? Jacob Zucker Grantham University Abstract This paper discusses whether the possession and carrying of firearms or the illegal purchase of a firearm are "victimless" crimes. It also discusses why offenses such as these are not usually listed as victimless crimes.
When someone performs an illegal act where all parties involved consent and there is no victim this is known as a victimless crime. Many of these crimes involve adult activates such as prostitution, Gambling and using drugs just to name a few. While many advocates fight to legalize victimless crimes others complain that there no such thing as a victimless crime. Several arguments against victimless crimes stem from specific elements of the offenses.
Rhonda, I enjoyed reading your discussion piece and found it very informative. I agree with the fact that victimization prevention and crime prevention work hand in hand with one another. Both are critical aspects of our criminal justice system and involve many strategies centered on prevention. Crime prevention strategies require society to engage in collaborated efforts in order to eradicate social roots associated with lawbreaking behaviors. Otherwise, victimization prevention can involve an individual’s risk assessment; it can also expand to a formal organization like our schools, church groups, or even neighborhood watch groups.
There are many indicators of the huge impact in disparities in sentencing women as compared to men and more so when it revolves around minorities ( race and class). Though there are lower crime rates among women as compared to men, there are significant disparities which tend to show favouritism to women. Research has shown that men get 63 per cent longer custodial sentences than women. In addition, it is twice more likely to have women get non custodial sentences even after conviction. However, as mentioned the disparities are more profound when issues of race and class are intertwined in the sentencing.
Criminology Case Study: Meredith Kercher Name Academic Institution Author Note Class Professor Date TABLE OFCONTENTS1 CASE/OFFENDER 3 OFFENSE/CRIME 4 MOTIVATIONS/BACKGROUND 4 THEORY 5 VICTIMS 6 COSTS 7 ADJUDICATION/DISPOSITION (PROSECUTION/SENTENCING) 7 CONCLUSION 8 REFERENCES 10 Criminology Case Study: Meredith Kercher
