Position for Criminal Justice Class - Term Paper Example

Position paper for criminal justice The definition of a victim is an essential aspect of the law. A victim is defined as aperson or the party that suffers from a destructive or injurious action of others (Gary, 62). This definition however, is dependent on other factors, when it comes to law. The type and extent to which the victims suffer injury is one of the considerations, for the sake of the definition. The degree and nature of the victims connection to the acts of the offender is yet another consideration (Andrew, 15). In law also, the definition of a victim also depends on whether the victim was at fault at the time the offense leading to his injury occurred. There is a greater degree of differing on the definition of the term victim in different aspects of the law. However, there are some basic factors that are essential to this definition. If the injury caused to the individual or the party offended is adequate, then the term victim can be used to refer to them. Proximate cause of the injury is a factor that needs to be observed when defining the affected individuals as either victims or not. There is an absence of victim definition in some laws. The absence of victim definition in law is a major flaw, more so in the administration of justice (Martha, 529). It is difficult to give any substantial judgment based on an undefined terminology. This is so because; it makes the judgments given lack consistency and adequate guidance. The issue of victim involvement in cases has been on the limelight since the 1970s. As to whether victims should be allowed to testify at sentencing and receive money or restitution from offenders is a controversial issue. Victims were not substantially considered in the justice system until the 1970s. The justice system only featured the judge, the prosecutor and the offender (Gary, 74). This aspect made the victims of crimes feel left out and have an attitude that the perpetrators of criminal activities against them were advantageous and more valued than did the victims. This fact made the victims distance themselves so much from the justice system, such that the prosecutors had a difficult time persuading the victims to testify in cases involving them (Andrew, 23). While the defendants or the offenders have several rights entrenched in the laws to safeguard against their exploitation by the justice system, not much has been done regarding the issues of the victim. A large percentage of the victims are dissatisfied with the justice system (Michael, 42). Therefore, the issue of allowing the victims to testify at sentencing of an offender is of paramount interest to the victims. This is because, they can get an opportunity to influence the direction that sentencing takes. Getting restitution or receiving money is another important aspect in the victims legal process, as they need to be compensated for the damages and injuries caused to them by the offenders. However, this is dependent on the nature of the injury and the extent of victim’s involvement in the injurious activity. In-court impact statement The involvement of the victim to testify at the sentencing of the offender is vital. In the cases of felony violence, and during the sentencing day, victims are allowed to appear in court and give an in-court impact statement (Martha, 533). Victims have a great impact on the determination of the court case, when given an opportunity to give relevant information pertaining to a case during the period before sentencing. Victims of any criminal case cannot just be conferred the status until they declare themselves as the victims of the case by feeling in the requisite legal documents. Since some laws require that the judge must consider the testimony given by the victim in making their final decision, it provides the victim with a very important tool for negotiating their side of the case (Gary, 80). However, the effectiveness of victim involvement in testifying at the sentencing of the offenders is in doubt. This is because, in most cases, the judges are found to have determined their ruling even before the sentencing hearing. The case decision is normally made after the judge considers all the facts of the case even before the victims have testified. Therefore, the appearance of the victim to testify in at the sentencing is of less impact on the judicial decision (Martha, 538). Allowing the victims to influence the sentence given is a detriment to the welfare of the defendant, since the victim’s interest is to have the offender suffer at the highest possible level. Thus, the considerations of victim’s testimony to have them receive money or restitution from the offenders is not a good concept. Further, it undermines the provision of the rule of law through nullifying the legal requirements on punishments, in case the victim opts for forgiveness (Andrew, 30). Compensation Determination Under the UN’s 1985 declaration, the victim has the right to influence the outcome of the legal proceeding (Michael, 2). As such, the victim has the right to be referred to counsel and legal services in order to adequately provide the judge with the requisite details of the case, through the counsel’s guidance. Since the victim is the one who suffers damage and injury from the activities of the offenders, then, he has the right to be indemnified (Gary, 93). Since the victim either suffers direct or threatened effects, ranging from financial, physical to emotional ones (Mary, 339), there is a need for the victim to testify at sentencing, and get money or restitution. Appropriate sentence determination By making the offender suffer the financial loss through paying money or restitution to the victims, the offender feels the pinch of committing such an offense and refrains from doing the same next time (Michael, 13). By requiring the offender to pay the cost of court process as incurred by the victim, then the offender is placed at the losing end, serving to console the victim for the physical, financial or emotional damage caused by the offender to them (Andrew, 31). By allowing the victims to testify at the sentencing, the victim is allowed to determine the direction the case takes, including the appropriate sentence that the offender should be accorded. Influencing judgment direction Victim input is necessary in decision making, since it is well aligned with the objective of restitution (Michael, 50). The principle of restitution places the victim at the center stage of the case, addressing the plight of the victim and what they have suffered. In this case, victim plays the role of determining the compensation they should obtain from the offender, which can be done through an agreement between the victim and the defendant (Michael, 40). By allowing the victims an opportunity to testify at sentencing, the victim is allowed an opportunity to make the court and the offender fully informed of the implications of the damage done to the victim (Gary, 103). Through creating this awareness, the victim gets the opportunity to influence the justice system on their expectation regarding the case, how it should be determined and what sentence the offender should be offered. Provision of information on psychological or health care services requirement In case of physical harm caused to the victim, the participation of the victim at the sentencing of the offender allows him to inform the court and the offender of the necessary psychological or health care services required by the victim as a result of the crime perpetrated on them. This way, the victim’s plight is served accordingly, as opposed to the determination that is done without such information by a judge, since it may not cover all the important requirements (Martha, 535). When the victim gets a chance to disburse all information regarding the offense, they feel completely understood. Thus, it is important to allow the victim testify at sentencing. Future harm prevention Having the victim appear and testify at sentencing is important, since it serves to avert future harm that could be caused by the offender to the victim (Mary, 351). The involvement of the victim may have an impact of a different nature from just punishing the offender. The role of a judge in any case is to determine the case, based on the facts of the case and the laws guiding such fact. After the consideration of such facts, the judge then determines whether the accused person is guilty or not guilty. With such a determination, the judge follows the guidelines of the law to decide which punishment the offender should be handed. The role of the victims comes into play after such a determination. Establishment of rehabilitation and reconciliation The victim can decide to forgive the offender and make up with them. Upon that, the judge has no powers to influence such a decision, made by the victim (Gary, 123). The victim can seek making peace with the offender to avoid creating enmity that might result to a recurrence of the same damage, if the damage arose from the strained relationship between the victim and the offender. This aspect of victim participation serves to divert the role of the victim from a complainant to a rehabilitator, reconciling the relationship between him and the offender. Thus, it is important for the victim to be afforded an opportunity to testify at sentencing, in case they may want to forgive the offenders instead of having them punished. Notification of damage caused to family and relatives The appearance of the victim to testify at sentencing is crucial, in that it allows the disclosure of the effects of the damage done to their family members and relatives (Andrew, 30). This is necessary since the judicial system does not provide any means through which such implications on the third parties may be understood. Through the creation of such understanding to the judge and the offender, the determination of the appropriate sentence for the offender as well as the remedial compensation appropriate for the victim is enhanced (Andrew, 37). The nature of the impact caused to the family or the relatives would range from the loss of a parent or guardian. As such, the judgment of the case will be influenced in the direction of catering for the left dependants of the victim (Mary, 360). Identification of justice system with the wider community Through putting such impacts of the offender’s action on the family and the relatives, the involvement of the victim at sentencing serves to ensure that the justice system indentifies with the wider community, which is part of the afflicted community (Martha, 540). Ensuring that justice is done for the victim also ensures that justice is done to the society. Through allowing the victim to participate in the sentencing process, the victim is helped to come into terms with what happened with them, making them adapt to the suffering they are going through (Michael, 32). Thus, the involvement of the victim in the process serves to change the whole punishment system through affording the judges other viable options, for example reparations and forgiveness. Ensure Justice prevails In conclusion, the focus of a victim as the center of justice system is necessary to ensure that the victim obtains justice. There are some reasons that justify the involvement of the victim in the process of sentencing, such as ensuring that the court and the offender are made aware of the impacts of the damages or harm caused by the offender to the victim (Mary, 364). Such involvement also ensures that the concerns of the wider community are addressed through affording an all inclusive justice system. Better still the involvement of the victim in offender’s sentencing may create an opportunity through which the victim and the offender makes up for their difference, through having the victim forgive the offender. Enhancement of trauma overcoming and Victim Recovery Another justification for the involvement of the victim in testifying at sentencing is the fact that such an involvement enables the victim come into terms with the trauma they are experiencing out of the damage or harm caused to them by the offender (Andrew, 42). However, such involvement is not without a negative implication. Victim involvement at sentencing serves to weaken the spirit and letter of the rule of law. This is so because, while the law may have provided for given punishment to be handed to offender who breaks the law by doing certain damaging and harmful actions to their fellows in the neighborhood, victim involvement can hinder this. If a victim feels that such individuals needs to be forgiven, then the requirement of the rule of law to have them punished in a certain way is nullified. Works Cited Andrew, Nash. Victims by Definition: The Role of Victims in Sentencing. Washington University law review, 2008. 13-45. Gary, Lowenthal. Mandatory Sentencing Laws: Undermining the Effectiveness of Determinate Sentencing Reform. California Law Review, Vol. 81, No. 1 (Jan., 1993), pp. 61-123. Print. Martha, Myers. Offended Parties and Official Reactions: Victims and the Sentencing of Criminal Defendants. The Sociological Quarterly, Vol. 20, No. 4 (autumn, 1979), pp. 529-540. Print. Mary, Sigler. The Story of Justice: Retribution, Mercy, and the Role of Emotions in the Capital Sentencing Process. Law and Philosophy, Vol. 19, No. 3 (May, 2000), pp. 339-367. Print. Michael, Tonry. Purposes and Functions of Sentencing. Crime and Justice, Vol. 34, No. 1 (2006), pp. 1-52. Print. Read More