Victim Rights Regarding Plea - Research Paper Example

Victimology Victim Rights Regarding Plea A victim is someone who has been affected by a crime or an offence, either physically or mentally (Karmen, 481). This can be both directly and indirectly. In this case study, we are dealing with an indirect victim of a car accident. In this case, Mrs. B is an indirect victim, and this is because she was not implicated in the accident in question, but rather her husband, Mr. B who passed on due to the accident caused by a drank Mr. C. The United States of America law stipulates that the consequence of the offence on the victim should be considered in any court decision (Karmen, 483). Moreover, the rights of the victims should also be considered in plea agreements in the court system. However, this does not imply that the victims of the offense in question should dictate the terms and type of the plea agreements. It simply means, when deciding on which plea agreement the prosecutor should give the offender, he or she should consider the effect the offense resulted in to the victim. For example in this case study, Mr. C is an elderly citizen and truly deserves leniency from the prosecutor. However, due to his drunk driving a man dearly loved by his wife lost his life. This loss of life resulted in a lot of emotional pain, and to some extent economic stress to the victim since naturally the husband might have been the bread winner. Hence, I would advise Mrs. C to follow up on the plea agreement since it is her right to be involved in the discussions of the plea agreement. It is the duty of the Judge or Magistrate to make sure that the victim’s rights are upheld during plea agreements. For example, in the case against Mr. C it is the duty of the Judge assigned to the case to inform Mrs. C that she should be involved in the plea agreement. The judge should also make sure that the victim’s rights are upheld by instructing the prosecution to involve her in the plea agreement between the state and Mr. C. Victim Rights Regarding Sentencing The victim rights should and are considered by both the prosecution and Judge listening to the case. However, the victim is not involved in the sentencing. This is prohibited. There are various reasons why victims are not part of the decision regarding sentencing. One such reason is that the victim is expected to be biased due to the emotional effect the offense had on him or her. For example, Mrs. B is obviously very bitter at Mr. C for killing her husband. She feels like Mr. C took her husband away from her. Hence, she is very bitter at him and is obviously seeking revenge more than justice. So she would prefer a sentence which she views it as an equal to the death of her husband. This is not with accordance to the justice system which does not look for revenge, but instead to ensures justice for all including the offenders. In view of this, I would advice Mrs. B that regardless of how the case against Mr. C goes she should know that she would not be involved in deciding the sentencing of Mr. C. Restitution Restitution is where the law tries to return what has been taken away from the victim. There are two types of restitution. One is where the restitution’s main aim is to reverse unlawful acquisition of money and property while the other one is aimed at replacing what has been lost as a result of the offenders actions (Karmen, 484). For example, if one makes millions of dollars thorough stealing from his or her boss, he is liable to restitute his boss as a result of making millions through stealing his or her money. Our case study is a good example of the second type of restitutions. Mr. C is supposed to restitute Mrs. B for the loss of her husband. There for I would advise Mrs. B to seek restitution instead of hoping for a harsh jail sentence for Mr. C. This is because it is easier to influence the outcome of the restitution than influencing the sentencing of Mr. C. For instance, Mr. C being an elderly person is expected to receive a lot of leniency from both the judge and the prosecution. Victim Compensation Victim compensation is where the victim is restituted through financial means as a result of the loss incurred by the offender’s actions. It is referred to as compensation because actual loss cannot be replaced (Scheb 13). There are various factors that are taken into account when establishing the amount to be compensated. For example, if Mr. B was the sole bread winner and provider in his family then that will be taken into consideration. Another factor that is can be consider in Mrs. B’s case is the cost of treatment for the three days Mr. B was in hospital and the cost of his funeral. Another factor to be put into consideration is the stress that Mrs. B underwent as a result emotional pain caused by the demise of her husband. The main factors that would influence the amount to be compensated are the fact that Mr. B was the only breadwinner in the family and the cost of his burial. The cost of his treatment would not influence compensation because mostly the cost of treatment is always covered by the insurance undertaken for vehicles as required by law. Therefore, I would advice Mrs. B to calculate the total cost she incurred for the burial of her late husband. She should also calculate the amount her husband was receiving as salary per year then multiply it by the number of years Mr. B had left before he reached the age of retiring. She should combine these two digits and present them as the amount she would like to be compensated. Civil Suit - Wrongful Death This is where an offender can be held responsible for the death of a person. Normally the victim of the offense files a civil suit to be compensated for the death of a close member of the family as a result of human error due to poor judgment (Scheb 10). In America if one is seeking justice especially in involuntary manslaughter cases and criminally causing death due to negligence, it is easier to get through a civil suit than the charge of manslaughter or homicide as a result of negligence. This is because; there are very many issues that are considered by both the prosecution and the respective judge. This issues include, state of mental health of the offender at the moment of the offence, age of the offender, how many times the offender has been successfully charged with breaking the law and the events that led to the offender to commit the offense. In the case against Mr. C, his age is a factor that would prompt the judge or the prosecutor to be lenient to him. Therefore, I would advice Mrs. B to file a civil suit against Mr. C because she cannot influence the amount of time Mr. C will be given. She should file the case in a different case number from that of the murder charge. This time she should use my services in court as her lawyer than using the states attorney to handle her case. MADD and Other Victim Rights Group The Mothers against Drunk Driving (MADD) is an organization that advocates for the end of drunk driving in the Unite the United States of America (USA). Its main functions are to educate the public on the effects of drunk driving; advocating for alcohol testing; advocating for the minimum age for drinking to be 21; Supporting victims of drunk driving (Overbey 117). This includes supporting surviving victims of drunk driving and families of people who have died as a result of drunk driving. Finally, the organization advocates for harsh fines and jail terms for individuals found guilty of driving under the influence of alcohol. The organization was initially started by Candice Lightner after her 13 years old daughter was killed by a hit and run driver in New York (Overbey 117). As Mrs. B’s lawyer, I would advise her to seek help from the group in her case. This is because the group is very influential in such cases since it holds demonstrations and hires very big law firms to represent victims like her. This organization will also help her go through the emotional stress through programs that they have for such victims. This will help her to avoid falling into depression. Another organization that I would advise Mrs. B to turn to, is Car Accident Organization (CAVO). It is important to note that the law is responsible for the both the victims’ rights and the offenders rights. As a result, one will find that such cases tend to be unfair to most victims especially those who have had their loved ones taken away. However, it is important to note that human life cannot be replaced or fully be compensated, and it should be respected. Works Cited Karmen, Andrew. Crime Victims: An Introduction to Victimology. Belmont, CA: Cengage Learning, p. 481: 2012. Print. Overbey, Chris. Drinking and Driving War in America, 2006. Raleigh, North Carolina: 2006. Web. 04 Dec 2012. Scheb, John M. Criminal Law. Belmont, CA: Cengage Learning, p. 8: 2011. Print. Read More