Position for Criminal Justice Class - Research Paper Example

Position Paper for Criminal Justice The of victim participation in criminal procedures at the courts has been an issue on the rise in the recent past. Though not fully accepted, it is being used in many courts around the world today. The participation of these victims has become the new phenomenon in most courts. The International Criminal Court would be a perfect example in this case. The drafting of the statute of the ICC chose to broaden the scope of victim participation (Schabas 67). It has been hailed for giving the victims of human rights violations, and law a voice from which they could be heard. Input placed in these procedures could have very many beneficial results to all the victims. The offender may, however, have to carry the consequences of their actions. This is since the jury if present, tend to side with the victim in such cases. There are some predicted effects that are associated with victim participation in criminal cases. The trauma that comes with having to face the offender during the case hearing is one predicted effect that the court system believes might happen. It may take some time for the system to fully accept victim participation in these procedures. Details and procedures about how all this goes on in the court are yet to be settled fully. However, it is a known fact that victim participation in criminal procedures can influence the punishment and ruling of these cases. This paper will review how victims can influence the sentencing, and punishment of criminals. As much as human rights activists are pushing for the involvement of victims in court proceedings, there are a few worries that come with such changes. These worries come in the form of free and fair court proceedings (Schabas 79). Many believe that the presence of victims in cases might not create the right atmosphere for the judgement of cases in a free and fair manner. Take, for example, a case where the offender is black while the victim is white. It all goes back to the race factor. Here, the white person will be favoured on account of the black offender. To ensure that everyone gets a free and fair trial, those advocating for the non-participation of victims in cases do have their beliefs on the matter. Their concerns are as to whether the victim’s involvement is in the interest of the justice system, or their own interests. They do make valid points that need to be heard. However, the involvement of victims in the court proceedings should be accepted globally. Since they are the ones that understand what it is they might be going through, they need a say in the matter. Having them perform this task could give them closure on a matter that might have been disturbing them. After being victimised, victims always live with the fear of having the experience re-occur. It is, therefore, the duty of the judicial system to give them a way to relay how the perpetrator shall be handled, or treated (Hall 65). As times continue to change, the judicial system should be able to change with it. Having court proceedings hidden away from the public eye should be a thing of the past. Everyone should be involved in the running of cases. This is for there to be transparency in everything that is being done. Some of the reasons why this should be so are given below. Compensation Determination The compensation of victims is an issue that has been a problem over the years. Many people believe that harm that a victim is exposed to by an offender should be paid for in full. This is by the offender and the organizations that are involved. The compensation of these victims is in terms of medical, financial, and at times, mental health (Freckelton 48). However, this compensation does not cover property damage carried out by the offender. Controversy surrounds this rule as it is hard to understand if an offender damages a person’s property; the victim is not liable for compensation. Having victims participate in cases that involve offenders. Restitution and compensation should be in order if they do make an appearance in these proceedings. Jurors, often tend to be sympathetic to victims. It is highly likely that their involvement would push for compensation due to the harm done to them (Freckelton 55). The victims, when seeking restitution must be eligible for compensation from their offenders. Eligibility comes if the victim has proof of physical, psychological or psychiatric harm done to them by the offender. They can, therefore, receive restitution in the form of capital. In the case of permanent physical and mental damage, victims are entitled to a pension (Freckelton 69). The right for victims to be present in cases that concern them should be accepted globally. This is so that they can have the ability to protest the ruling on these cases if they do not go in their favour. To improve the situation that is probably having human rights activists up in arms, the judicial system must rectify its operations. This is by ensuring that victims have the potential to seek restitution and compensation from their offenders in any form they deem fit. This is per the harm that was done to them. Victims need to move on from the psychological effects the incidents had on them. To ensure they have the money to cover the expenses required, compensation from the offenders can cover this. If they are a part of the decision making process, they can get the satisfaction of having to decide how much they require according to the injuries sustained (Freckelton 78). The following are reasons why victims should participate in criminal proceedings. Transparency When victims are involved in the court proceedings, it is believed that justice will be served. All the victims may be better after a chance to be part of the proceedings so that they can bear witness to the manner in which the law deals with criminals. In big cases, for example, those that are usually held in the International Criminal Court gain the focus of the whole world (Schabas 80). These cases often have their witnesses present so that the atrocities and inhuman violations that they were subjected to could be known by the whole world. In these cases, evidence produced is witnessed, not only by the judges and prosecutors present, but the whole world. Here, if the defence present does not have evidence for the accused to prove their innocence, then there is no way they could walk away. This is the transparency that victims demand from their court systems. The media are another form of transparent venue that the victims could use to get their restitution. Coverage on cases that affect people on a large scale can be of great help to victims. When the media cover a story on a high profile case, the victim is bound to follow. Many other people who might have some interest in the same case may follow it with a keen ear. People will be out to see if justice would be carried out. Any favouritism involved would be witnessed by the people. Important cases can even get the attention of people in high places involved to see the proceedings. It is, therefore, very important that people get to use their positions to do what is required by law (Power 39). Redemption for the wounded It is believed that for victims to get a chance to be a part of their offenders’ punishment, they are being offered a chance at redemption. Victims often feel violated and disgraced by their offenders. When they get a chance to be a part of their judgement, they feel that they have been granted the power to keep face again. This makes them feel empowered by the turn of events. Sometimes, it is about giving the victim what they need (Power 45). By making them a part of these proceedings, they get the redemption and feel obliged to move on with their lives. There are other cases that maybe the victims never made it to the court proceedings. This could mean that the accused might have murdered them, and later on brought before the courts. Their families, relatives and even friends may need a chance at redemption. Through participating in cases where the offender is charged, they could get this chance. If the offender does manage to walk away, it is believed that the victim would have died in vain. It is the belief that, if someone murders, then they might do it again. Letting them scot free is something that the court system will not want to do. It all goes back to giving the victim what they need, and what they want. If the offender is freed and they murder again, the court would seem incompetent (Natarajan 57). It, therefore, has to take the blame for allowing murderers loose on the streets. No system in the world would want to look incompetent. They, in turn, might turn all this on the offender and imprison them. This is the influence that the victims have on the passing of judgement on their offenders. Improved attitude among the victims With hope and faith in the judicial and court system failing among the general population, the court system would be out to rekindle this hope. This is by involving victims in the prosecution and persecution of offenders. The criminal justice process is seen as being impactful once it involves the victims to give their accounts, as well (Cools and Easton 50). Often, offenders are the ones given opportunities to tell the court of their character traits and their personal qualities. Those who advocate for victims’ rights suggest they to, be given the chance to give a say in the hearing of cases that involve them. Once the judicial process improves at doing this, faith in the system is slowly rekindled among the people in society. There could be improved security for the victims that may need to be involved actively in these cases. This is in the case where a lot is at stake and the offenders end up threatening their victims. The protection offered by the system could make them bold enough to appear before the court and say the injustices done to them. All this leads to the improvement of attitude among the victims, and the people who once lost faith in the system (Power 50). Although it may take some time, the faith in the criminal justice process will be restored. Many more victims may become willing to participate in prosecuting crimes and atrocities committed against them. This may, in the long run, improve the chances that prosecutions are conducted without bias or prejudice to one party. The evidence produced in courts by the victims can be the difference between the prosecution of the offender to prison or their freedom (Cools and Easton 56). It is, therefore, very important that victims have a say in the matter concerning the crimes against them. In conclusion, as much as having victims participate actively in the prosecution of cases is still a new phenomenon it should be embraced. It should be embraced by the criminal justice system, by the people in society and anyone else interested in ensuring that justice prevails. With the participation of victims in these cases, their statements can ensure that they see justice is in their favour since they were the most affected. With more people coming out to support this stand in the judicial process, it is only a matter of time before the whole world embraces it. Victims will get the justice they so desperately need, and offenders will be put where they belong, behind bars. All the points made about the participation of victims in cases are meant for the benefit of the victim and all those who, at one point in their lives, did feel like victims. They need to overcome the feeling of being victimised. If this is how to deal with the issues at hand, then the judicial process must not get in the way of this. Works cited Cools, M. and Easton, M. Readings on Criminal Justice, Criminal Law and Policing. New York: Free Press, 2009. Print. Freckelton, I. Criminal Injuries Compensation: Law, Practice and Policy. New York: Macmillan Publishers, 2001. Print. Hall, D. E. Criminal Law and Procedure. New York: PULP, 2008. Print. Natarajan, M. International Crime and Justice. New Zealand: Butterworth Publishers, 2010. Print. Power, S. Realizing Human Rights: Moving from Inspiration to Impact. New York: Bantam Books, 2000. Print. Schabas, W. An Introduction to the International Criminal Court. London: Sage Publishers, 2011. Print. Read More