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Victimization in the Criminal Justice System

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Victimization in the Criminal Justice System
Ian Gallagher
CJA/534
May 18, 2015
Lora Terrill

Victimization in the Criminal Justice System
In ancient times, victims of crimes, and their kin, were responsible for the sentencing and implementation of the offender. This trend did not reappear, in a more lawful form, in modern criminal justice systems until the 1970’s. Recent years have seen growth and attention in victim’s rights and advocacy, but many claim the system is still flawed (Schmalleger & Hall, 2010). This paper will examine how victimization affects each party: the prosecution, the defense , the offender, and the victim in the final stages of sentencing and imposing of sanctions. It will also discuss the sentencing and sanction goals from each perspective. Finally, this student’s victim’s rights ideas will be offered.
Prosecution
The prosecution has the difficult task of finding the truth even when it is messy and unpleasant. Once a conviction occurs, it then has the burden of seeking sentencing justice, following sentencing guidelines, considering alternative sanctions, and taking the victim’s wishes into consideration. Taking care to note all of these factors, prosecutors must look at the five common goals of a sentence: retribution, deterrence, rehabilitation, restoration, and incapacitation (Schmalleger & Hall, 2014). Under current guidelines, prosecutors have tremendous power in setting the tone for sentencing and can easily increase and decrease the sentences with the evidence presented in sentencing (Spohn, 2002).
One task of the prosecution is also assisting the victim in penning a statement for the judge’s consideration. This allows the victim to participate in public confrontation, aiding in the therapeutic process of overcoming fears. In its sentencing requests, the prosecution carries the responsibility of mitigating as much of the

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