The Impact Of Victim Impact Statements On Sentencing From The Perspective Of Victims And Offenders Essay

New concepts of justice: As the social values change, so does our views of the concept of justice. Sentencing laws are

Truth in sentencing laws are generally popular with victim’s right advocates because those laws make it so that the criminal serves almost their whole sentence they were originally given. With these laws in most states the prisoner has to serve 85% of their sentence ("Truth in Sentencing”).

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.

Discuss factors that affect sentencing decisions, including the purposes of punishment and the role of the victim

What used to be a private issue has significantly reformed to be punishable by law highlighting society’s changing values. The main victims of domestic violence are usually women and children who are subjected to extreme abuse by the spouse. The Family Law Act 1975(Cth) established the Family court which attempted to address issues of domestic violence. However, the imposition of this legislation has reflected societal concerns where the law does not effectively deal with domestic violence as cases are continually unreported. Also, police are not adequately investigating the issue. For example, in the case of Swan, Wayne v D.P.P (2008) an indigenous woman was reluctant in reporting abuse until she was caught wandering the streets, heavily affected by alcohol. Due to cultural barriers, indigenous woman are compelled endure intense abuse in the household. The enactment of Crimes Amendment (Apprehended Violence) Act 1999(NSW) made it mandatory for police to investigate breaches of apprehended domestic violence orders (ADVOs) and arrest perpetrators if necessary. Greater use of ADVOs and investigation has reduced the amount of verbal abuse, physical violence and harassments. However, the case of Jean Majdalawi (1996) forced legislations to take further actions as the victim was shot in the head by her husband outside Parramatta Family Court even though an ADVO had been filed against him. Consequently, the event

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

A common assumption amongst those in the field of criminal justice is that most adult criminals were victims of physical abuse, sexual abuse, and/or neglect in their childhood. A study by Steele in 1975 found that, of 200 detained juvenile offenders, between 72% and 84% had backgrounds of child abuse (Weeks & Widom, 1998). A 1979 study by Lewis, Schanok, Pincus, and Glaser found that of a sample of male juvenile offenders, 75% had experienced childhood physical abuse. In follow-up interviews with the same subjects previously surveyed, 80% reported childhood physical abuse (Weeks & Widom, 1998). A study done by the Department of Correctional Services Research and Reporting Unit in 1983 had inmates answer a questionnaire; 25.2% of the inmates who answered the questionnaire reported childhood victimization (1998).

Previous research on victim impact statements has indicated that higher emotionality of the victim impact statements will lead to harsher punishments of the defendant (Myers et al., 1999; Myers et al., 2002), as well as favorability towards the victim (Myers & Greene 2004). Contradictory to earlier findings, participants who were not perspective taking with the

The perception of the Australian criminal justice system’s legitimacy is determined by the actions of three institutions, and the manner in which they address issues of justice within society. For the criminal justice system to be seen with integrity and valued for its role, it is vital that all members of the community see the appropriate rectification of injustices through the police, courts and corrections. However, particular groups within society encounter the illegitimacy and social inequity embedded within these institutions, diminishing the effectiveness to which they fulfill their role. For women in particular, the institutions of the criminal justice system are notably unethical in their treatment of both victims and perpetrators of crime. Despite many reforms and recommendations for change, the criminal justice system ultimately fails in achieving justice for women, with the courts demonstrating the most significant attempt to eliminate social inequality and victimisation.

Outline and explain the three key goals victims can pursue through the criminal justice system.

Each year in America many people received prison sentences for crimes that pose little if any danger or harm to our society. Mandatory Minimum Sentencing in the American Justice System has long been argued by both Lawmakers and the public. We will go over some of the history of mandatory minimum sentences as well as the many pros and cons to these types of sentences. Some examples of pros and cons are the overall effect on public safety, the effect on the offenders, the cost to taxpayers, the lack of discretion for Judge’s, and whether the law should be repealed.

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

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

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.