Victim Rights And Remedies Analysis

Many changes have occurred in the legal system over the several decades it has existed. These changes have caused the victim to be the focus point of legal action and the changes have also caused the victim to either be the negative focus point (through blaming the victim for the actions of the criminal) or completely in the background as a “witness” (such as in the case of feudal barons taking over the system). In the following, I plan to explain the background of both the victim justice system and the criminal justice system as well as show what changes have occurred through the development of them both.

Victimology draws together academics, activists, and policymakers from a variety of backgrounds and identifies three main victimological perspectives. Positivist victimology dates back to the emergence of victimology as a discipline in the 1940s. It looks to understand the process of victimisation and why people become victims of crime by examining the relationship between the victim and offender through an agency lens. Newburn (2013) identifies positivists such as Miers (1989) who see victimisation as being causal in nature and identify three key features:

A crime against the state is seen as a violation of the rule of law, while crime against people is seen as a violation of human rights, and both conditions lead to the punishment of the offender befitting the crime. In this process of achieving justice, those highly impacted by these wrong actions are often ignored; the battle between the offender and the Crown often makes the victim, a mere spectator. The Canadian Criminal Justice System is continuing to do its best in addressing the dissatisfaction victims feel towards the authorities. However, study of literature shows that although victim rights have come a long way and are continuing to develop further, they are not successful in addressing the concerns of the victim. The article, “Crime

At the state level, Colorado has written and enacted its own Victims’ Rights Act ahead of federal mandates previously discussed. In the early 1990’s Colorado passed an amendment to the state constitution to provide crime victims with certain rights. The driving force behind the amendment was to ensure the victim in a crime has their rights pursued and enforced in the same manner as those of criminal defendants. It is necessary to understand when a crime occurs; victims’ lives and those of their families are forever changed through no fault of their own.

We, the victims have the unalienable right to have our own bathrooms for some series of events occurs when one brother forgets to put the toilet seat down. I am free from his older privileges and nagging at me. I have the right not to hear his “when I was your age….” Speech, telling me how much better he was when he was my age. I should be treated equal in the eyes of my parents. I have the right to have friends

The second limitation of the state based justice is system is that victims are ignored and excluded from the formal criminal justice process (Daigle, 2012, p. 2). Under the state system the power is taken away from victims and placed into the hands of the state to ensure control over the criminal proceedings (Elliott, 2011, p. 65). Gromet and Darley (2006) argue that crime victims experience marginalization and frustration due to their exclusion in criminal proceedings (p. 396). They lack voice and an ability to

The victim’s movement’s in the United States of America was as a result of the rising social consequences as from the 1960s that brought out the energies of an idealistic generation in that decade and the one that followed. In my opinion, the victim’s movement has not yet reached its full potential. This is because just like any other form of legislature or government; they still require continued advocacy and action. Moreover, there still some dangerous challenges they have to overcome before the victims can be very sure of a fair and compassionate response to their plight. For instance, some states have amended the constitution to address crime the victim’s rights legislation and the movement must ensure that any other state do the same and

To protect the innocent should be the cornerstone of this society. We are the humanitarians of the world yet we allow those within to go without the same Constitutional rights that we grant to our most violent offenders. Amending the Constitution to include victim’s rights will only solidify the true essence of equal protection to

Victims can pursue one or even a combination of three distinct goals. The first is too see to it that hard-core offenders who act as predators are punished, The second is to use the justice process as leverage to compel lawbreakers to undergo rehabilitative treatment. The third possible aim is to get the court to order convicts to make restitution for any expenses arising from injuries and losses. Punishment is what comes to most people’s minds first, when considering what justice entails. Throughout history, people have always punished one another. However, they may disagree about their reasons for subjecting a wrongdoer to

Millions of Americans are victims of crime every year. Victims of crimes have rights which entitle them to special benefits and help as a result of a crime.

A victim is usually defined as a person who has been directly harmed by a crime that was committed by another person against them. In the United States, victims rights differ from state to state, but there are 8 basic victims rights that apply throughout the US. The first is the right to be treated with dignity and respect, which means that every victim has the basic right to be treated with courtesy, fairness, and care by law enforcement officials and other officials, as well as the right to make impact statements that can be used to affect the criminal’s sentence. Victims also reserve the right to be informed on the proceedings of the trial, which outlines the fact that if victims ask about the proceedings of

Response: I strongly believe without any hesitation and agree with American criminologist Howard Zeher regarding changes needs to be done in U.S criminal justice system. If we dig into deeply more reasons would occur stating why we need to adopt some changes. Zeher talked about changing criminal justice system to save victim, offender, and society. I like the way author returns to history and brings it up stating that criminal justice system was totally different than now. People practiced heling techniques for victims, positive and productive approaches to bring offenders back into society. But as time changed, victims are left behind due to new laws and regulation. According to Howard, victim is a type of subject who requires more attention,

A person who experiences a traumatic event may be expected to experience a range of psychological effects, and, for many years, it was assumed that these psychological effects would be the same regardless of the cause of the injury. However, a growing body of knowledge is demonstrating that the impact of criminal victimization is different than the impact of other types of injuries because the intent element makes a difference in how the victim perceives the harm. In addition, victims of different crimes may respond differently to victimization. The psychological effects of victimization are important because they can help guide the criminal justice system for how to interact with victims and how to make the process more victim-appropriate. For example, victims of violent crimes, like sexual assaults, may benefit more from a victim-centered criminal justice approach than victims of other types of crimes (Resick, 1987). However, one of the problems with the traditional approach to victimology is that it has distinguished between different groups of victims. Emerging research suggest that victim needs are similar across the entire spectrum of crime, particularly the victims' needs for information about the crime and the needs for financial restitution to make them whole (ten Boom & Kuijpers, 2012).

Prosecutors, judges, and probation officers attempt to ensure that the rights of all individuals are considered by reviewing the crime that was committed, the offender’s criminal history, and a document called a victim-impact statement (Schmalleger & Smykla, 2017). After looking over all of these materials, the decision to sentence an offender to probation, diversion, or incarceration is made. At every turn during the judicial process, the victim is notified whether the court officials plan on plea bargaining, offer a type of community correction, or sentence to prison (Ginsberg, 2014). Although, the victim may still not agree with the outcome, the criminal justice system as made strides in providing rights to the victim by allowing them to be participants with the sentencing process (Ginsberg,

To begin with, a victim is considered a child, adult, elder or disabled person who has suffered physical and emotional harm from their attacker, either by sexual assault, domestic violence, or used for human trafficking and so forth. When a victim is threatened by their abuser and put endangered, a representative represents the victim during a trial. With that in mind, during a criminal process, a crime victim, by all means, should be granted a decent input. On account of thirty years ago victims weren’t granted many rights during trial, such as the right to be informed or notified of the arrest and discharge of the aggressor, weren’t allowed to be present or attend the trial, and did have the right to make a statement and be heard during