Pro Prosecution Policy

The prosecutor must also consider the views of the victim in regard to the impact of the offence. With sexual offences the safety of victim and children must be considered.

The 5th amendment declares No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person

Although we would like to believe the world is not as racially charged in 2013 as it was in the 1960s, a look in our penal system would show that minorities are still arrested and incarcerated at a higher rate than whites. The United States has experienced a rise in its prison population over the last 40 years and our incarceration rate is nearly 5 times higher than any other country. Even though 13% of the US population are African American males, they make up 38% of the prison population. Contributing factors to these numbers are mandatory minimum sentences, high crime and poverty areas, and lack of rehabilitative resources within our system (p.77-78).

Domestic violence, or intimate partner violence, is a common problem. As a result, the criminal justice adapted to demands, especially from feminists, who bemoaned the poor response of police, and in turn, the justice system by instituting mandatory arrests. However, mandatory arrests have proven that just like protection or restraining orders, they are not effective in deterring domestic violence (Davis, 2008). Similarly, the arrests do not have a substantial effect on recidivism and create undue procedural complications for the criminal system (Zelcer, 2014). On the contrary, proponents of the approach, argue that it has a deterrent effect on the perpetrators and that it can even protect offer immediate protection for the victims (Clark, 2010). Nonetheless, using statistical evidence and arguments from scholarly sources, this position paper will expose the inefficiencies and constitutional inconsistencies that make mandatory arrests harmful for the batterer, victim, and the criminal justice system.

Minister If I may suggest some possible alternatives to ease the situation and even improving the current issue. Causal factors, which result in Aboriginal people coming into contact with the criminal justice system, must be addressed. The contributing factors need to be tackled at a community level, with genuine involvement by the Aboriginal community members in decision-making.

In her article Sheila Polk, an attorney for Yavapai County, Arizona, writes about how she thinks truth in sentencing laws or as she calls them “TIS” (Polk), has bought the crime rate down in Arizona, “since 1994 our crime rate has steadily dropped--an astonishing 42% between 1995 and 2008--as our incarceration rate increased by 18%” (Polk). This ties in with victim’s right advocates because by keeping the crime rate down that in turn keep the victimization.

The term minority encompasses African Americans and Hispanics that live in the United States. These special populations are often overrepresented in the criminal justice system. Although our laws designed to make life fair and equal for minorities, they still report unfair treatment and struggles that white Americans do not experience. Policy changes in areas of social prevention, arrest and incarceration, and discharge, such as implementing help groups for youth, reform of and creating trust in law enforcement, and strong exit programs, can lead to fair treatment and reduction of representation of minorities in the criminal justice system.

African-Americans are more likely than others to have social histories that include poverty, exposure to neighborhood violence, and exposure to crime-prone role models. For example, African-American children with no prior admissions to the juvenile justice system were six times more likely to be incarcerated in a public facility than white children with the same background that were charged with the same offense. A major study sponsored by the Department of Justice in the early 1980s noted that juvenile justice system processing appears to be counterproductive, placing minority children at a disproportionately greater risk of subsequent incarceration (Deadly Statistics: A Survey of Crime and Punishment, 2000). This writer?s grandmother retired after more than thirty years as a welfare social worker for Los Angeles County. She has stated on more than occasion that the government is the main reason that most black men are in jail awaiting the death penalty today. In the sixties and early seventies, she says that women on welfare were not allowed to have men in the home, even the father of the children. These fatherless generations of men seem more prone to crime,

Observers have noted in recent years a shift in government policy toward what is perceived as ‘redressing the balance’ in criminal justice, to be more advantageous to victims and less so to the accused. (have implications for current exclusionary rules)

Although this is very devastating, this is not the first instance of domestic partner homicide occurring in the United States. About three women are killed everyday in the United States by current or former relationships.Violence against women affects many women across different cultures, race, ethnicities, etc., however in America, African-American women make up about half of female homicide victims even though they make up 13 percent of the population (O’Hara, 2017). Additionally they are victimized by domestic violence 35 percent more than white women (O 'Hara, 2017).We see how violence against women connects to the paternalistic roots, and also intersects with race being that African-American women are exposed to violence at a much higher rate than white women.

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.

The three key goals victims can pursue through the criminal justice system is to punish the offender, compel law breakers to undergo rehabilitate treatment and restitution. Punishment is usually justified on utilitarian grounds as evil. Although it is argued that making transgressors suffer curbs future criminality in a number of ways. It is said if an offender gets punished by unpleasant and unwanted consequences it will most likely discouraged him/her from breaking the law again. Also it satisfies victims thirst for revenge and prevents future vigilantism and incapacitates dangerous predators so they can be off the streets; a safer community. Rehabilitation, some victims want professionals to help offenders become decent,

Victims of crime, particularly those violent in nature, have their rights violated and experience exceedingly high level of trauma and stress (Appendix B, 2015). It is surprising then, that Criminal Justice Systems (CJS) around the world forgo many victims’ rights and provided limited space for them to interact with the system (Sarre, 1999). Rather systems are built around balancing the rights of offenders against the greater safety and need of the community whilst neglecting individual justice needs of the victims (Sarre, 1999). With limited rights and minimal involvement a victim often becomes a disposable utensil to the CJS (Clark, 2010). They are used by the courts to determine the ultimate truth so justice may be served, with no care for the damage that may be caused in the process and then disposed of the case is concluded (Braun, 2014). In 2011-2012 a victimisation survey revealed that 1.2 million Australians were victims of personal crimes, such as assault, robbery and sexual assault (Australian Institution of Criminology, 2013). Of these victims, only half of the crimes were reported to the police (Australian Institution of Criminology, 2013). Such low reporting rates have been contributed in part to this notion of imbalance offender VS victims’ rights (Braun, 2014). Due to the sensitive nature of sexual crimes, the limited available evidence and victim rights, these crimes tend to carry the lowest reporting rates (Braun, 2014). During the latest Australian

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

I. Can our client satisfy the first requirement for a malicious prosecution suit that requires that the termination of the earlier suit be in the plaintiff’s favor when in our client’s case their termination was due to a voluntary dismissal by the initial plaintiff who changed her mind about her claim?