Criminal Justice System and Balance between the Rights of Offenders and Rights of the Victim - Term Paper Example

Running head: Justice System To what extent does the criminal justice system strike the appropriate balance between the rights of offenders andrights of the victim. Name: University: Student Ref: 349402 INTRODUCTION The criminal justice system has been in place for as long as human kind existed albeit in different forms. Over the centuries different kinds of justice systems have been practiced in different parts of the world. From corporal punishment to flogging, from public execution to a tit-for tat kind of justice also known as an eye for an eye. Until modern times, the justice system can be said to have been particularly cruel to the offenders by denying them their rights. One of the greatest challenges facing the criminal justice system today is to strike appropriate balance between the rights of victims and those of offenders. In other words treating victims with the dignity they deserve while letting them continue to enjoy their fundamental human rights. The same applies to victims who are very vulnerable to vindication and are constantly in the risk of being treated harshly and with rejection due to the damages their crimes inflict on victims and to the society at large. There is a need for a balance between offenders' rights and victims' rights. The justice system has in some cases been accused of leaning too much on the side of the victims therefore denying the victim the right to be treated as not guilty until proven guilty before a fair and public trial in a court of law. Any justice system must be structured to meet the needs of both offenders and victims (Fowles, T 2006 P. 72). A right is a duty or responsibility entitled to an individual (Roberts, 2006 P. 115). Rights of victims enable them to get necessary support from the justice system. Usually the justice system is comprised of agencies such as the police, courts, probation officers, lawyers, prosecutors, and the government ministry concerned. THE JUSTICE SYSTEM Rights can be defined as responsibilities or duties of an offender or a victim (Fowles, 2006. P.57). It can be argued that victim's and offender's rights are related but in an inverse manner. According to (Samuel Walker 1980. P. 36,) the following are some of the theories put forward in relation to criminal justice and victim's/offender's rights. Restorative justice theory. Proponents of restorative theory argue that a victim can be restored to his/her former condition. It therefore suggests that the fact that victims have undergone crime experience does not mean that they will forever remain haunted by their experiences. This theory advocates for a justice system whereby victims can undergo restoration and therefore help them cope with the effects of the crime. It advocates for punishment of offenders though it opposes imprisonment. Restitution and community services are the commonest types of penalties advocated for by restorative theorists. It is aimed at re-socialising offenders. In view of striking a balance between offender's rights and victim's rights, restorative justice can be of much help for it seeks to up hold both the victim's and offender's rights while benefiting the society but there are those opposed to it terming it as too lenient. Retributive justice theory. Popularly known as the 'eye for an eye' method, it assumes that a victim has a right to 'hit back'. This justice system calls for punishments such as capital punishment, and in some parts of the world, amputation. In view of human rights advocates, a retributive justice system is considered unfair to the offender in that it does not accord a second chance for reforming. It can also cause emotional trauma to victims or their heirs and family especially in cases where they feel guilty and feel they caused the death of the offender. Transformative justice theory. A justice system founded on this theory will try to discourage animosity between the victim or the heirs and the offenders. It upholds trust amongst both parties with an aim of discouraging or preventing vengeance. It also calls for trust in society and views trust as a binding force, which can curb crime in the society. In regard to striking a balance between the rights of both parties. It is tries to make or influence victims to forget their experiences while at the same time dissuading offenders from committing crime. It is not commonly practiced and therefore considered an ineffective justice system. A criminal justice system usually is comprised of: Law enforcement Courts Corrective centers. Law enforcement (Police). The law enforcement is mostly comprised of police whose duty in the whole justice system is to: Prevent crime. Control crime. Investigate crime. Gather evidence. Identify and arrest suspects. The role of police is the most focused on when it comes to abuse or violation of human rights. Research has shown that offenders are more likely to report violations of their rights in the hands of the police more than at any other stage in the justice system. For instance many countries have not outlawed torture during interrogations therefore creating a fertile ground for violations of human rights. For those countries where torture of suspects is outlawed especially the US, there have been reports that offenders especially terrorist suspects are being taken for interrogations in other locations where the justice system favors torture as a method of extracting information from offenders. There are many instances all over the world where by, the justice system and especially the police treat suspects like offenders even before they appear before the courts. The police in such justice system can also become vindictive to victims especially of police crime itself. This happens when victims of police harassment fail to receive the deserved attention from police due to the fact that a case touches on their profession. This ahs been very rampant especially in cases of unfair treatment by police due to a victim's racial background. There is a need for justice systems to lay an all equal policy while dealing with victims to ensure that no one is denied justice because of their position in the society or their social, financial, political or other background. Courts The courts take over from police in most justice systems, through prosecutors once sufficient evidence is available, and their roles include: Hearing cases. Arraignments. Setting bail. Determining whether one is guilty or not based on evidence available. Presenting offenders with an opportunity to plea. Disposition for those found guilty. Hearing appeals if offenders appeal. The courts are an important part of the justice system for it is in the courts where victims seek justice and at the same time the offenders look up for fair trial by the courts. There has been incidences whereby courts have failed miserably and have tended to be biased in judgments. In such incidences either the victim's or offenders rights can be violate. Therefore courts should carry out their duties in line with the national law and where applicable international law. There is a need for juries and judges in the courts to be well versed with both offender's and victim's rights. This is crucial in ensuring a flawless justice system and one which upholds the dignity of human kind. Corrective centers. These vary from place to place. Their role in the justice system is to provide offenders with an opportunity to reform. Examples of corrective centers are probation centers, prisons and jails, and community service. Rights of victims: Counseling centers for victims especially those who face psychological depression as a result of the nature of crime committed against them. Some times victims are haunted by the crime for the rest of their lives therefore fundamentally affecting their way of life. The effects sometimes may lead to conditions such as depressions. These require medical treatment hence costing the victim time and money. Therefore any justice system should incorporate counseling as well as other support services in their programmes aimed at addressing the needs of victims. The right to information on the proceedings of cases affecting the victim. Victims have a right to be updated on the progress of cases; on the other hand, they should be briefed properly on the course of action to take in regard to the outcome of the case. The right to privacy on the part of the victim, this is especially necessary if the victim is faced with a crime touching on sensitive subjects such as rape. Special care is observed to make sure that victims are not laid bare or exposed. No personal information about a victim may be released for public consumption unless so authorized by the victim. Failure to observe privacy has been a big challenge to justice systems. The right to compensation of the victim. In cases where damage has been inflicted to the victim or his/her property, justice systems need to have a provision for compensation. This has not been the case in many justice systems. There have been many cases of victims being awarded compensation by courts only for them to fail to get the compensation awarded. This has greatly affected credibility of justice systems an example is the Lockerbie plane Accident1. The right to protection from further harm by the offender. The justice system is mandated to ensure that care is taken through measures such as informing the victim as to when an offender is released to protect the victim from further damage from the offender. Justice systems have in many occasions failed to live up to their duty. This violates the rights of the victim and leaves a victim vulnerable to intimidation or other form of crime once the offenders are released. The right to be treated fairly during the proceedings of the case. It is the right of a victim to be treated with respect and in a manner befitting a human being. Therefore the justice system should uphold the dignity of a victim as a human being even in their situation as victims. This is aimed at ensuring that victims do not suffer further due to their status as victims. The challenge in ensuring justice system offers victim's and offender's rights lies in the realization that although the law may allow law enforcers a wide range of freedom , there is a need to ensure that all processes of the justice system must be humane. If justice systems appreciate this fact, incidences of conflicts between victims and offenders will be minimized significantly. Rights of offenders In most justice systems the focus is turned on the offenders and they are usually mistreated and viewed with suspicion by the society. There is a need for the wider public to appreciate rights of offenders. More awareness of the rights of offenders will curb violation of human rights in that people will appreciate their position. The following are some general rights of offenders: Right to privacy. Right to information as to when they will be released and all other information necessary for their fair and free trial. Right to channel grievances and complaints and seek legal redress. Right to access legal assistance from the government agencies for their defense. Right to correctional treatment administered in a professional manner. Right to protection from harm by victims. Right to good and health living conditions in the jails and prisons. The other challenge facing the justice system is that not all crime is reported and therefore victims remain offended while offenders remain at large probably causing more damage. Therefore there is a need for justice systems and governments at large to initiate campaign aims at increasing awareness amongst the public on the role of crime reporting. The justice system process. (Source: Wolfgang, Marvin, 1990 p. 81.) The response to crime Entry into the system Prosecution and Pretrial services Adjudication Sentencing and sanctions Corrections CONCLUSION The solution to the above problem lies in the adoption of modern technology as well as professional practice on the part of the justice system. In most cases, anomalies in the justice system are as a result of inefficiency and lack of proper training. With proper training, staff serving in the justice system will have a better understanding and knowledge required to deal with issues and challenges facing the justice system. Modern technology and especially computer technology should be incorporated as an integral part in the justice system. Computer technology ensures that records are constantly updated and information can be retrieved and accessed with ease whenever needed by victims or offenders. Finally there is a need for justice systems to borrow from all of the three justice systems discussed above so as to curb the high incidences of violation of both offenders' and victims' rights. REFERENCES Fowles, T (2006). Counterblast: The Criminal Justice Act 2003-The End of and Era The Howard Journal, 45 (1), 71 - 73. Roberts, J (2006), Crime and justice in Britain: Trends, Analysis and Conclusions. Samuel Walker (1980). Popular Justice: A History of American Criminal Justice. Oxford University Press, Inc. New York, NY. Wolfgang, Marvin (1990). "Crime and Punishment in Renaissance Florence". Journal of Criminal Law and Criminology 81: 567-84. Read More