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.
But feeling stigmatized, they said, isn't the kind of injury you can sue the state over." Carlos Moore, in his appeal to the Supreme Court, argued that the lower court interpreted the 14th amendment,
Abstract The purpose of this research paper is to choose which of these models of justice: retributive, utilitarian, restorative or parallel, is appropriate for the Jonathan Nathaniel Ramsey case. We need justice to be delivered efficiently, effectively in order to make sure the offenders are held accountable and the victims receive assistance. Each crime that is committed needs to be addressed properly. When the crimes are not then that leads to the unrest in the community and to the victims.
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.
I think this falls under question 3 and not question number 2 if we are going on question of murder statutes. However, I could be mistaken, but I will answer according to the murder statutes. For First Degree Murder, if I were a legislature would have to add that if a person intentionally killed another person and that murder was premeditated and the victim was a pregnant female, then the offender would also need to be charged with a second charge of First Degree Murder. There is debate on what is a viable fetus and what is considered life. Even though a fetus has not fully developed, they have been born premature and have been able to survive.
“The equal protection clause of the fourteenth
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 question about the federal government that I address in this assignment is about the citizens’ rights that the Fifth Amendment to the United States’ Constitution contains, along with the Miranda rights. Based on what we discussed in Chapter 4, the Fifth Amendment includes the right that protects the American citizens from self-incrimination in the event of an accusation. In that regard, the right, together with the Miranda right that gives citizens the right to clamp up provides immunity for the involved citizen against police interrogation that could culminate in forced and unfair self-incrimination. Even so, the current system of law enforcement is such that police officers can ask the accused any question they want without informing
In the 9th Amendment it states that we also have rights that aren’t mentioned or specifically listed. Intended
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.
The victim deserves similar level of protection and attention from the court like that of an accused i.e. a victim 's interests need to be balanced vis-à-vis that of accused. Victims of crime go through mental and physical trauma and suffer throughout their lives , as there place in the society changes. A victim is certainly entitled to reparation, restitution and safeguards of his rights and criminal justice would look hollow if justice is not done to the victim of the crime. In recent years, the Legislature and the judiciary have taken gradual steps to develop the necessary principles by which appropriate compensation could be paid to the victims of crimes. The gradual shift in the approach of the Supreme Court is a positive sign but other organs i.e. the government and the legislature have to make conscious efforts to consider the rights of the victims.
The disadvantage of this approach is the fact that it does not focus on the victim instead it justifies the offender’s actions by regarding them as patients and victims of dysfunctional societies Restitution
Crime victim compensation is a government program that reimburses victims of violent crimes. Victims can get compensated for assault, rape, and homicide and their families can be reimbursed for many of their out of pocket expenses (Karmen, 2016). Every state has a crime victim compensation program that allocates funds to survivors of violent crimes that is funded by fees collected from criminal offenders and a federal grant through the Victims of Crime Act, administered by the U.S. Department of Justice. In order to be eligible for compensation the victim must report the offense within a certain amount of time, cooperate in the investigation and prosecution, and file an application within a set time. The expenses covered by compensation vary
Emotional pain can’t be undone and people can’t be brought back to life. However, what the law can do, is to ensure compensation for the crime. Personal compensation is a monetary award, given to make amends for a loss, damage or injury caused by a wrongful act. The purpose of compensation is twofold. It seeks to compensate the victim, for what has been lost; either as a substitute or an equivalent to
