Legal Recourse For Victims Of The Justice System

In this assignment I will be examining and investigating the effects of crime on individuals, communities and business and discussing the role of services that support victims of crime and witness. There are a lot of people and communities that are impacted negatively by crime. However in the public service, there are approaches used in order to reduce crime, disorder and anti-social behaviour. This is done by using websites and wardens to keep track of recent crimes. Also I will be writing about how both public and third sector

Rooted in our civilization, restorative justice was once viewed as a sin against a sovereign society of a King, Queen, or Emperor. Albert Eglash (1975) first articulated restorative justice over retributive and rehabilitative justice, an indeed search for the original status of security of the victim’s feelings. Restorative Justice, a more victim-centered aspect of punishment than the offender, however, the victim should consider, what it is that restorative justice will restore to its original state of security, and would it be enough justice that the victim seeks.

Positivist victimology has made a fundamental contribution to the study of victimology by ensuring the development and refinement of quantitative victimisation. It emphasises the role of the state, criminal justice agencies and the voluntary sector in responding to the needs of victims of crime. It is however

Like the media, the criminal justice system and organisations in and around the criminal justice system play a major contribution in the construction of an ‘ideal victim’. As stated by ‘….Rock (2006), Institutional practices shape the public representations and private understandings of victims of crime’. For instance, in Australia there are many organisations that help victims and their families of serious crimes. Although on the other hand, there are limited or no services available to victims of minor crimes.

In a criminal investigation case, a victim is usually seeking justice for an offence against them personally. Victims can

Civil court has become a ground to help combat criminal cases. By having laws that reflect criminal action with civil liability help ease the congested criminal courts. Victims of crime are increasingly resorting to civil litigation, in addition to victim compensation and restitution, as a means of recovering from ill effect of crime. For example, Tort law and domestic relation could be use to allow a battered an RTO injunction and the unsuspecting explosion(Neubauer PH.D & Fradella PH.D 2009) . Tort law involves the legal wrong done to another person. Therefore, this law as a broader meaning including any wrong, hurt, or damage done to a person’s rights, body, reputation, or property. Domestic relation could be applied because it represent

The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.

With the rise of Civil Rights Movement in western countries, the circumstances of the criminal victims are getting more attention gradually. Due to this emphasis, it directly led to a first revolution in the criminal justice, the revival Restorative justice. For a criminal justice system, victim support and healing is a priority which might seem an obvious aim. "Restorative Justice" was first introduced by an American professor, Randy Barnett in 1977. Nowadays, restorative justice systems have been applied to criminal justice system in many countries (Tai Wan, Australia, the US and the UK etc). In spite of many researches of restorative justice composed by western scholars, however it has not yet been defined properly and cover over the cons of this system. Restorative Justice repairs the harm that caused by crime and reducing the future harm on victims, there are advantages yet there are also bad. In this essay, I will use the application of the principles of sociology, literature, ethics knowledge to demonstrate argumentation to restorative justice and to reflect the pros and cons. (160words)

The traditional criminal justice system is criticized for its neglect of victim importance and needs, for example (Symonds, 1980) acknowledges, that the criminal justice system is concerned about looking back at the event rather than focusing on how to rehabilitate and as a consequence making victims be in a ‘secondary victimization’ effect. This is the attitudes, behaviors and the beliefs of the people in the criminal

"Any court dealing with an offender in respect of his offense must have regard to the following purposes of sentencing" retribution, denunciation, incapacitation, deterrence, rehabilitation and reparation which will all be discussed in this essay.

The Criminal Justice Systems have various objectives to achieve, one of them being reduction of crime levels. Another core objective is practicing justice. These two objectives can be achieved in various ways. Evidence has been presented by the authors that the judicial systems sometimes play unfair in solving crime cases.

From the beginning of time there have always been crimes against persons. People went by the saying “An eye for an eye”. You stole from your neighbor, they stole from you. You hurt someone, they hurt you. It wasn’t until the 1940’s people started taking a closer look into these crimes against person, which they later called victimology. This paper will look into victimology and their theories as we go back into the past and how victimology is now.

The history of victimology travels further back in time than most would realize. The concept of the victim emerged from the many attempts of many societies and peoples to explain both the reasons behind victimization and the appropriate action to be taken as a result of it (Burgess et al., 2013). As a concept, it can be difficult to define victimology, since each individual defines the term differently. According to the text utilized for this class, victimology is defined as being the study of the victim, including the offender and society. It is also seen as being a social-structural way of viewing the relationships between crime and the law as well as the criminal and the victim (Burgess et al, 2013)..

Victimisation is the process of learning the various ways that authority figures determine who is a victim, while also educating the person on how to become the victim. Secondary victimisation, also known as double victimisation refers to the way the state responds to victimisation. The states response has the potential to add further burdens on to the victim. Three main components of the criminal justice system will be focused on in this paper; these are enforcement, adjudication and punishment. This paper will identify why the criminal justice system tend to commit secondary victimisation towards the victims. It will also discuss the pains of victimisation and how secondary victimisation has the ability to amplify these pains. The paper will also identify reforms that have been put in place in order to minimise the occurrence of secondary victimisation.

To begin with, it is necessary to say that punishment is an integral part of modern countries’ legal systems, because countries have a duty to protect society from wrongdoers and authorities could reach success in it by punishing offenders. Oxford English Dictionary defines punishment as the infliction or imposition of a penalty as retribution for an offence. There are four main purposes of punishment – incapacitation, deterrence, retribution and rehabilitation – and the aim of this paper is to