The Role of the Victim in Criminal Cases - Essay Example

Title Author Institution The Status and Role of the Victim in the Modern Prosecutorial Process Introduction The victim has a very important role in the success of criminal investigations and eventually prosecution. Before prosecution begins there are several things that the victim of a crime can do in order to increase the chances of a future prosecution succeeding. Because of the important role that victims play in prosecution, the law grants them certain rights for their protection (Casell & Stephen 2012). This further shows the important status that the victim is accorded by law in any case. This essay will discuss the role and status that a victim has in prosecution processes in the United States of America. The essay will discuss the reporting of crimes, preservation of evidence, seeking medical attention, meeting with prosecutor and police, testifying, Making a victim Impact Assessment and Registering for Notification of the Release of the Defendant (Morgan & Zedner 1992).  According to Beloof (2012) the victim’s role in the criminal justice system has changed very much in the last few years. Victims of crime lack any particular role in criminal justice systems in the past. However, crime victims in the modern world are given many legal protections. These protections include the right to dignified and fair treatment, right for restitution for injuries, the right of getting protection from the defendant, the right to be informed about and appear in court proceedings, and the right to contribute in important stages in the proceedings. Since the victim is very important in the prosecution of criminals, the victim has a higher status in the modern world compared to the past (Carlos & Ochoa, 2013). Criminal proceedings and the confirmation of cases depend very much on the contribution and input of the victim. Carlos and Ochoa (2013) argue that the victim holds important evidence that helps the prosecutor to present a strong case against the victim. Without the contribution of the victim then the case may not be as strong as it would be with the evidence of the victim (Carlos & Ochoa, 2013). The criminal justice system of the U.S is often seen as one in which the public prosecutor perform public prosecutions for the public. The victim in this case has no place in the process. However, the statutes of the state and federal government and the state constitutional amendments have raised challenges on this vision. One important example of such a challenge can be found in the Crime Victim’s Rights Act (CVRA). This is a federal statute that Congress passed in 2004 that gives the victims a number of rights in criminal proceedings at the federal level. The CVRA got support from all directions. However, allowing victims the rights and roles on the CVRA may not have been wise all together. Victims don’t need to be taken as the ones with all the truth. In some cases the accused may be innocent but given the status of the victim, the unfair rulings may be made against the defendant (Siegel 2009). Reporting Crimes According to Waller (2010) any victim of any crime is tasked with the responsibility of reporting the crime to the police. This should happen as soon as possible after the time of crime. Police officers have the role of interviewing the victim and investigating them (Das, 1997). The victim should therefore be available for interviews and product all the support needed by police during the process of investigation. Reporting the crime promptly allows the police to collect evidence before it can disappear. This evidence is very critical in the case of the account of the victim. The credibility of the victim is very important in the prosecution of a case. Prompt reporting raises the credibility of the victim. Crime reporting also helps the victim to get a sense of safety and control. Most victims of sexual crimes are normally indecisive on whether their cases should be prosecuted (Cole & Smith 2007). Victims that are ambivalent about the prosecution of their cases are normally advised to seek help and guidance from the Victim Witness Advocate. This can help the victim to make a rational decision about the prosecution process. For example, the victim may not be able to prosecute a case immediately the crime is committed. In such a case, prosecutors are given up to 6 years and more by law to file a case about sexual assault. It is important for the victim to report a crime because this enables the police to do investigations and keep evidence they think is important for the prosecution at the time and in the future. Therefore, crime reporting increases the options of the victim (Hoyle & Young 2002). At the least, a sexual assault victim can report the crime to a counselor or another reliable and trusted person. The victim is allowed to ask the person to make notes during the discussion. These notes can be used as evidence during the prosecution. It is crucial to note that even though the victim may delay in reporting a crime, it is still possible for the prosecution to go on especially is a good explanation can be given for the delayed reporting. In certain crimes, delayed reporting is common because of particular reasons. No victim is allowed by law to assume that delayed reporting can disqualify prosecution (Beloof, 2012). Preservation of Evidence Upon the reporting of a crime by the victim, the police should gather evidence and preserve it for prosecution. Such evidence may include broken property, stained clothing, beddings and weapons. In certain cases the victim may delay in alerting the police. In such a case the victim has the role of preserving the evidence. The victim should keep clothing unwashed; take photos of damaged property and injuries, and photographs of the scene of the crime without wasting any time (Siegel, 2009). The victim should also take photographs of injuries periodically to show how the healing proceeds. Incase the offender touches something in the course of the crime, the victim has the responsibility of preserving the item so that the police can obtain fingerprints from it. A victim is not allowed to clean the scene of crime until when the police have carried out and completed their investigations. Victims of sexual assault should not take a bath immediately the crime is over. They should instead go to a healthy facility so that a doctor can obtain samples of evidence from their bodies which can be used to add strength to the prosecution such as DNA (Beloof, Cassell &Twist, 2010). Seeking Medical Attention According to Morgan & Zedner (1992) victims are required to seek medication for their physical injuries even the minor ones. This is very important because medical examination and treatment makes victims heal and have a peace of mind concerning their wellbeing and health. Furthermore, Morgan & Zedner (1992) say that medical records that have injury documentation serve as an important source of evidence to corroborate the memory of the victim. A sexual assault victim must seek medical attention if he/she does not have any visible body injuries. The hospital takes samples of the evidence and information about the crime even when the victim is yet to make a decision on whether to investigate or not. To add to their physical injuries, the victim should go to be counseled for emotion al trauma resulting from the crime (Carlos & Ochoa, 2013).  Meeting with Prosecutor and Police Cole and Smith (2007) say that the victim also has the responsibility of meeting with the police and the prosecutor. The first responder to arrive at a scene of crime is normally a uniformed police officer. The officer obtains a review of the incident. If the case is so serious plain clothes detective follows behind the police to get a more elaborate interview (Morgan & Zedner1992). Detectives that have special training normally investigate rape and other cases of child abuse. The prosecutor normally comes in after the filing of the charges. The prosecutor and the advocate of the victim must meet the victim an carry out an interview. The victims get an opportunity to learn about the process of prosecution and to get answers to the questions they may be having. Where the victim is a minor, most of the offices of prosecutors organize for special interviews where they question the child (Das, 1997). The prosecutor, police officer and the victim witness advocate and a DSS social worker observe the interview using a two way mirror. This is done in order to reduce the number of times that a child is interviewed by those people tasked with the role of assessing the report of child abuse. In some places the interview is videotaped for use in the testimony of the child before the jury (Waller, 2010). Testifying Casell & Stephen (2012) observes that if a case proceeds to the level of trial then the victim has the role of testifying. In superior court cases the adult victims can also give their testimony in front of the grand jury. Both adult and child victims have the roles of testifying about crimes committed against them or against other people. The testimony given to a grand jury is lesser in formality than in a courtroom. The public is not allowed in the proceedings of the grand jury. The offender, judge and defense lawyer are not allowed in (Hoyle & Young 2002). The victim has to answer questions from the prosecutor to find out what transpired and who the offender is. In the U.S this testimony does not exceed one hour. Testifying is more formal than appearing before a jury. The victim must wait outside of the court for her turn to give a testimony. The prosecutor has the first opportunity of asking questions. After the prosecutor, the victim must be cross examined by the defense attorney (Das 1997). The questions of the defense attorney can challenge the memory of the victim and the details of what transpired as well as the credibility of the victim. When the cross examination is over the victim may also need to answer some questions from the prosecutor to clarify some of the areas that may not be clear (Waller, 2010). The judge must ensure that the attorneys ask questions that are appropriate based on laid down legal rules. The testimony of the victim varies in length depending on the evidence and the case. The victim witness advocate and the prosecutor prepare the victim about what is to come based on the content and the length of the testimony (Beloof, Cassell &Twist, 2010). On very rare occasions the victim may be expected to testify at other stages prior to the time of the trial. The victim advocate and the prosecutor work with the victim to prepare the testimony regardless of the time that the testimony is needed. The prosecutor helps the victim to prepare for the types of question that victim will be required to answer in court. The victim witness advocate also helps the victims to know the feelings that may be evoked by the role of testifying and helps in by providing support beforehand, during the trial (Hoyle & Young 2002). According to Sielgel (2009) if the victim is a child and a trial has been planned, the child victim will definitely have to give a testimony. A judge asks the young child to determine his competency in witnessing. Through this, the judge gauges the ability of the child to recall what happened and understand the oath that every witness takes to tell the truth. Many prosecutor offices use policies that do not require children to testify before a grand jury. Instead, a prosecutor might submit an interview that has been videotaped by a specially trained interviewer. The video tapes what the child gives as a testimony. Otherwise the testimony given to police officer by the child or another adult to whom the child has testified (Siegel, 2009). Making a victim Impact Assessment The defendant may be convicted of the crime after a trial or a plea. The victim has the role of making a victim impact assessment at the time of the sentence. From this statement, the judge gets to know how the victim was physically, financially and emotionally affected by the crime (Cole & Smith, 2007). The victim also has the responsibility of informing the judge what kind of punishment he thinks the defendant should get. The victim can make this statement verbally or in writing or combine these two. The victim may opt to speak directly, the prosecutor may read the written statement of the victim or he can choose to convey what the victim feels to the judge (Siegel, 2009). Registering for Notification of the Release of the Defendant When the prosecution ends formally and the defendant is send to prison, the victim witness advocate helps the victim in registering with the Criminal History Systems Board. This will help in the process of notifying the victim about the state of the status of the inmate (Carlos & Ochoa 2013). This includes the time when the defendant needs to go for parole, the time of the parole hearing and the time an inmate is set free from a facility or given transfer to go to a minimum security facility. The victim is also given the chance to speak at a parole hearing concerning any potential early release from incarceration (Morgan & Zedner 1992). To ensure that there is notification, the victim is required to inform the Criminal History Systems Board about changes in phone numbers or address. If the defendant is on parole or probation after being released from custody, the victim should take the name of the parole or probation officer assigned to the defendant (Hoyle & Young, 2002). Conclusion In conclusion, this essay has discussed the role and status of the victim in prosecutorial processes in the modern world. In the past victims were not accorded the status accorded to them today. A victim did not have much to say or do in a prosecutorial process. In fact victims were left out of such processes. In the modern world, the victim is at the center of the prosecution. Victims are given status and roles to play in order to make the process of prosecution a success. In line with this, the victim is required to report the crime, preserve evidence, seek medical attention, meet with prosecutor and police, testify, and make a victim impact assessment and register for notification of the release of the defendant. All these roles played by the victim help to ensure that justice is served to the victim and the accused. It is clear from the discussion that the victim has a higher status in the prosecution process than before. However, the high status of the victim and the many roles that the victim has been given in modern prosecutions may not be fitting especially to children. Some victims may also use their important roles and status to have the accused charged unfairly. References Beloof, E.D. (2012). Victim’s Guide: A Documentary and Reference Guide. ABC-CLIO. Beloof, E.D., Cassell, G.P., Twist, S.J. (2010). Victims in Criminal Procedure. Carolina Academic Press. Carlos O. S., & Ochoa, J.C. (2013). The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations. Brill. Casell, P.G. & Stephen, J. (2012). The Crime Victim’s Expanding Role in a System of Public Prosecution: A Response to the Critics of the Crime Victim’s Rights Asset. Routledge. Cole, F.G., Smith, C.E. (2007). Criminal Justice in America. Cengage Learning. Das, B.B. (1997). Victims in the Criminal Justice System. APH Publishing. Hoyle, C. & Young, R. (2002). New Visions of Crime Victims. Hart Publishing. Morgan, J. & Zedner, L. (1992). Child Victims: Crime, Impact and Criminal Justice. Oxford University Press. Siegel, L.J. (2009). Introduction to Criminal Justice. Cengage Learning. Waller, I. (2010). Rights for Victims of Crime: Rebalancing Justice. Rowman & Littlefield. Read More