Victims and Crime Evaluation Steven Griffiths CJA354 David Harrison 22OCT12
Victims, the Crime, and the Aftermath Victims and Crime Evaluation 2
Experiencing the overwhelming traumatic events of being an individual who was victimized is something no one should ever want to experience at all in their lifetime. A victim (by rough definition) is an individual, regardless of what title they may hold (doctor, police officer, pizza delivery man) who has been the victim of a crime or any kind of wrong doing for a specific purpose where the criminal has acted upon. More often than none, victims can be close relatives if designated by the courts in the event the victim is either deceased or debilitated. There was a time way back in the AD 400 era, which was known as the Golden Age of the victim when the legal and law enforcement system was not even heard of. Families would take matters into their own hands by retaliating against anyone who victimized a family member or friend. Once they found the perpetrator who committed the act, the family would punish them in a way that society accepted doing that time period. This was the way victimization would be handled from AD 400 up until 1960s, a period that is better known in history as being the Kings Peace any wrong that was done against another individual was looked at as a crime against society. This caused society to forget about individual rights and only think about the society and states well-being, luckily things would change with law enforcement agencies and a judicial system being developed. The development of these key acquisitions meant victims were no longer allowed to take matters into their own hands and the time of vigilantism abruptly ended. According to Schafer 1977 Current trends in the study of the criminal-victim relationship indicate that there is a new awareness of the victim's role and responsibility in the crime. This text first offers a history of the victim of crime which the 'golden age' of the victim is discussed. This period encompasses the time when the victim held the dominant role in the criminal-victim relationship, and was compensated for his losses. There is also a discussion of the decline and revival of recognition of the victim's role in the relationship. All considerations are supported by case studies of the victim. Compensation and restitution to victims are treated in a discussion of the prospects of compensation of victim's needs. Finally, the author treats the problem of responsibility; that is, the functional responsibility of and for the victim. (para. 3-4) The victims role in the sentencing process is Victims and Crime Evaluation 3
most centered around the idea of keeping with the plan of objective of restitution, which places said victim and what he or she has suffered at the sole center of the sentencing process. The victims also reflect the common sense idea that it is the victim who has suffered, and their views should be the only thing that matters. However, in recent years there has been a slight increase in the overall attention being paid to the needs of the victim in the criminal sentencing process. The basis of the attention lies on the primary victims of the crime, where primary victims are described as the ones who are directly affected by the crime committers actions, and who in the end suffer either physically or emotionally, or just experience some form of loss or damage to them or their possessions. The prosecutor of the case against the criminal is to bring to light to the jury that the offender is not a model citizen, nor is he or she not guilty as they always claim to be. The prosecutor will ask the right set of questions to the accused to show that there was means and opportunity to commit a crime against the victim, their secondary role is to get the jury to despise the offender, so when it comes time to deliver a verdict they make the right choice based on the evidence and testimony that was provided to them from the offender. The defense attorney is just that, DEFENSE their job is to (by sometimes any means necessary) defend the accused regardless if they are racist, they truly are guilty, or you just dont like them. Their primary role is to show the jury it could not have been their client, that the victim got the identity wrong, or has a personal grudge against the accused. Last but not least is the criminal, the accused, the one on the stand accused of committing a crime against the victim? The criminals role is sometimes tricky, they often sit in court dressed up, clean shaven, hair done, to look like a fine upstanding citizen. On the other hand sometimes they sit in court in handcuffs, and leg restraints in a set of stripes or bright orange jumpsuits. Currently victims have a series of basic right divided into 10 different categories: 1. Right to be treated with dignity and respect. 2. Right to notification. 3. Right to be present. Victims and Crime Evaluation 4
4. Right to be heard. 5. Right to reasonable protection from intimidation and harm. 6. Right to restitution. 7. Right to information and referral. 8. Right to apply for compensation (for violent crime victims). 9. Right to speedy proceedings. 10. Special rights and protections I believe that there is little to do to these basic rights that do not already cover the whole spectrum of the bill of victims rights. The right to be reasonably protected from the accused; The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; The right not to be excluded from any public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; The reasonable right to confer with the attorney for the Government in the case; The right to full and timely restitution as provided in law; The right to proceedings free from unreasonable delay; and (8) The right to be treated with fairness and with respect for the victims dignity and privacy. Cassell 2011 These define their rights on all their glory, the most we could do for the victims is to always show our support for them, by being active in bill changes that would jeopardize what they already have, and never take the side of the accused once found guilty of said crime.
Victims and Crime Evaluation 5
References Schafer, S. (1977). Victimology-The Victim and His Criminal. Retrieved from https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=40241 Cassell, P.G. (2011). THE CRIME VICTIMS EXPANDING ROLE IN A SYSTEM OF PUBLIC PROSECUTION: A RESPONSE TO THE CRITICS OF THE CRIME VICTIMS RIGHTS ACT. Retrieved from http://www.law.northwestern.edu/lawreview/colloquy/2011/1/LRColl2011n1Cassell&Joffee.pdf