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Victimology - Essay Example

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One of the most difficult jobs as a prosecutor is enforcing a multiple crime offense in one family. The Smith family has gone back on admission of their father being a wife beater and a child molester. Was it out of fear that Mrs Smith reneged on her admission or was it part of the BatteredWifeSyndrome, stage 2 of guilt or the Power and Control Wheel?…
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Download file to see previous pages One of the most difficult jobs as a prosecutor is enforcing a multiple crime offense in one family. The husband makes light of the abuse and puts her down of being concerned or does Mrs Smith feel guilty about causing pain to her family or about her being the cause of her family splitting apart. This is one of the primary reasons why a woman will stay in a violent relationship. The outcome of splitting up the family is far more detrimental and less than staying in the relationship. The Smiths came to Pasadena 9 years ago. They lived out of State when Mary was 4 years old. The Megan law only requires that convicted Sex offenders register every 10 years. We actually have no idea if Mr Smith was a convicted felon. He has lived a quiet life and his daughter will not talk. Up to the age of 14 included, she can be removed from her home. Mrs Smith will not file for an ORDER FOR PROTECTION, the court order which protects both her daughter and herself from further abuse. A restraining order can be filed. California has new legislation which will help improve on the inadequacies of the Megan Law. This new law would have helped the Smith's deposition as it would not have been accessible to Mr Smith. The Cook Legislation will make it obligatory for out of state sex offenders to register when they come to California. Law Enforcement agencies will give written notification within 1000 feet of pedophiles. The third bill would put a special mark on their driver's license. The last bill will keep private the victim's statement until the court appearance. The last resort to the Smith file is to enforce a no drop policy. Mrs Smith will not testify nor will her daughter. The prosecutor has the right to go and arrest Mr Smith and take him to trial. It is not the claimant who decides to drop all charges. As Mrs Smith is suffering from BWS, she need help herself Each time her daughter was sexually abused, Mrs Smith threatened to go to the police. Having been beaten more than two times means that you suffer from Battered-Wife-Syndrome. Two cycles of abuse create post-traumatic stress and an inability to be able to react to such things as taking care of the atrocities that are happening to your daughter. Can it be classified as episodic abuse when there are two members in the family? We don't have enough information other than both of them will be needing treatment. The fact that she was beaten when she threaten to go to the authorities shows that Mr Smith was also using emotional blackmail. The power and control wheel is a strong technique: using isolation, minimizing, denying, and blaming, using children, using male privilege using economic abuse using coercion and threats. Part 2 As your client's lawyer you must inform her of the Victim's Bill of Rights of the State of California passed in 2008. She has the right of the following: compensation and restitution as a crime victim: she has the right to be compensated for crime related losses including burial expenses. restitution fine from $200 to $10 000 to go to fund the Victim Compensation Program as indicated in the Marsy's Law. Any compensation for "pain and suffering" must be brought to civil court As Mrs B lawyer, I must recommend to Mrs B that we contact the California Victim Services to find out all the possibiltiy open to her and her children in regards to the Marsy Law Victims' Bill of Rights Act of 2008. The suggestions above are to give her a general understanding. This Law was set up to provide all victims with rights and due process. She has the right under due process of the law to compensation by tort law. Her husband would have provided for her children and her welfare for a duration of time.. If the judge decides to sentence Mr C to a reduce plea with no ...Download file to see next pagesRead More
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