...The 2004 Crime Victims’ Rights Act (CRVA) the has been marginally successful according to (Boland & Butler, 2009). We now see more victims being able to voice their case as a means of providing the court with the way these crimes have affected them and their families. Meaning that this act has provided victims with more rights, more treatment and services to address the violations or conditions suffered because of criminal acts, the voice of the victim is still somewhat suppressed and even excluded (2009). Often times the voice of the victim is excluded to protect the rights of the defendant. Some may argue that victims can now claim more restitution, damages or even inform sentencing by being able to attend sentencing hearings and express some thoughts and contentions, the CRVA still victimizes victims (Trueblood, 2011, p. 605). My personal stance is that I would like to see the victims' rights more favored than that of the defendant. Mostly because I feel it is the victim and their family that will suffer more than the defendant, especially in case that involves murder or homicide. Often times the defendant gets life in prison for these types of crimes and if that is the outcome the defendant and his or her family still have the ability to see one another or talk to each other. The victims never get that time back. In these types of cases I think it especially important to hold the victims' rights to a higher standard. In some ways, it is far less formidable...
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...Classification: Victim of an assault ICR: Assault Reported by: Sa Ba Taw DOB: 8/20/1991 Address: 2316, Gne Ave 2361 City: Albert Lea State: MN Zip: 56007 Phone: 651-307-2531 Work Phone: Victim: Sa Ba Taw DOB:8/20/1991 Address: 2316, Gne Ave 2361 City: Albert Lea State: MN Zip: 56007 Phone: 651-307-2531 Work Phone: Suspect: Unknown DOB: Unknown Address: Unknown City: Unknown State: Unknown: Zip: Unknown Phone: Unknown Date Reported: 04/23/2014 Day: Wednesday Time: 1245 Date Committed: 04/23/2014 Time Committed: 1100 Incident Location: Albert Lea Wal-Mart LGN: N/A Badge: N/A Date: 04/ 23/2014 Time Assigned: 1245 Time Arrived: 1445 Date: 04/ 23/2014: Narrative On 04-23-2014 at approximately 1245 I, uniformed (officer) Fatbardh Emra was dispatch to a call in regards of an assault that occurred in Wal-Mart- Supermarket in 1550 Blake Ave. Albert Lea MN, 56007. Upon arrival I, uniformed (officer) Emra spoke to the victim Sa Ba Taw, and saw visible injuries to him. Victim stated that inside of the supermarket Wal-Mart...
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...It was October 7, 1984 when homicide investigators came upon another body and was once again on a Sunday like the three victims before this one. The body was found by the entrance of the K-Bar ranch it was out in the open laying in the tall green grass. The victim’s white bra was left hanging on one of the entrance gate doors. A couple feet further into the ranch the body of an African-American woman was found laying down without any clothes on her. Her clothes were all beside her body in a pile apart from the bra. The woman had also been raped and was beaten due to the injuries on her body but was not strangled like the others and her cause of death was from a gunshot wound. The victim followed like those before her, she was taken to an open area and was raped and beaten before being murdered. Fingerprint analysis showed that the victim was eighteen-year old Chanel Devon Williams and was a prostitute working at the red light district. Her body was not decayed as much as Elizabeth but her approximate time of death put her death six days ago around the first of October. The red carpet fiber from the murderers trunk was once again found on the victim’s clothes that had been left in the pile beside...
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...many mixed emotions on what I have witnessed. These mixed emotions involve the operations of the justice system and how it affects the accused and the victim. It also makes a person wonder how the legal system operates on a basis of repeated domestic violence acts. I appeared in court to observe a domestic violence hearing. It involved a young individual who has a lot of physical violence patterns and who has repeatedly disobeyed his probation orders. This took place in an individual room, which involved the accused and his lawyer, the judge, the victim and the crown of attorney. Previously the accused was under house arrest for many assaults and breaches of his resonance towards the victim. He was not to have any contact with the victim what so ever. The court session had started and the accused person’s lawyer did his best to fight the crown on any of the attempts that they had made to put the accused into jail to finish his conditional sentence in confinement. Which stipulates on the back of the order, if a breach occurs, then confinement can and most likely will take place. There had been many breaches and many assaults. The victim was the actual person to call the police the night that the accused had breached his conditional sentence. The accused was sitting in a hotel drinking and staring at the victim. The victim had called the police and told them that he had been in the bar and was breaching his conditional sentence. This resulted in the police arresting the...
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...attacks a victim whether it may be physical or not it can cause harm to the victim in different ways. Many situations can lead to a person becoming a victim of a crime and this paper will discuss some theories of victimization. Also, there researched can be used to obtain data on crimes that were not reported to law enforcement from victims. 1. Introduction Over the past several decades the tendency was to blame the victim when it came to the psychology and the dynamics of victimhood. Although, in past years blaming the victim was common, more recently this has changed. It is politically incorrect to exploit the role of victims in instances of crime cases. No matter what the circumstances or the case the victim does not deserve to be blamed for their own victimization. Many may feel that due to their particular lifestyle or where the victim may live precipitates causes for someone to become victimized. In many instances it has been thought that the victim’s behavior precipitates why they may be victimized. They are said to put these criminal acts in motion by exhibiting provocative or risky behavior. This may include picking arguments or even possibly using other gestures. (Miethe, 1993) Even though victims should not be blames for their own victimization, criminologist have come up with many theories as to why victims may play a role in their own victimization. There are also victimologists who is concerned with who is becoming a crime victim but also...
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...Running head: VICTIMS AND CRIME EVALUATION Victims and Crime Evaluation Paper Victims and Crime Evaluation Paper Experiencing the traumatic events of being victimized is something no one ever wants to experience. A victim is an individual, no matter what title they may hold be it doctor, police officer, parent or child, who has underwent a crime or wrong doing for a specific purpose in which the criminal acts upon. More often than none, victims can be close relatives if designated by the courts in the event the victim is either deceased or debilitated (University of Phoenix, 2011). There was a time way back in the AD 400 era, which was known as the “Golden Age of the victim” when the legal and law enforcement system was not even heard of. Families would take matters into their own hands by retaliating against anyone who victimized a family member or friend. Once they found the perpetrator who committed the act, the family would punish them in a way that society accepted doing that time period. This was the way victimization would be handled from AD 400 up until 1960s, a period that is better known in history as being the “Kings Peace” any wrong that was done against another individual was looked at as a crime against society. This caused society to forget about individual rights and only think about the society and states well being, luckily things would change with law enforcement agencies and a judicial system being developed. The development of these key acquisitions...
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...Victims’ Rights CJA 324 July 26, 2015 Introduction to Victim’s Rights As a nation we have both state and federal laws that establish a set of rights for victims of crime. Although these laws vary depending on the jurisdiction of the crime being investigated, they give victims the right to have certain information regarding their case, afford the victim a limited role in the process of seeking out justice, as well as granting special protections for the victim. Some states only recognize a victim as in individual who was harmed during the commission of a serious offense, or a felony, while other states grant victims’ rights to any individual harmed during a criminal act, whether it was a misdemeanor or a felony ("The National Center for Victims of Crime", 2012). Personal Stance While victims’ rights have come a long way over the years there is still a much longer way to go to go before we reach a point where victims are treated better than the criminals who committed the crime against them. According to the National Center for Victims of Crime (2012), “All states provide crime victim compensation to reimburse victims of violent crime for some of the out-of-pocket expenses that resulted from the crime. The purpose of compensation is to recognize victims' financial losses and to help them recover some of these costs. All states have a cap on the total compensation award for each crime, and not all crime-related expenses are covered. To be eligible for compensation...
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...definition of the term ‘victim’ that is offered in Chapter 13 of the text is very adequate. I believe that this definition is adequate because it covers all bases to what a victim would be portrayed as in my mind. It describes a victim as someone who has an offense committed against them and it also says that it is someone who “suffers direct or threatened physical, emotional and financial harm.” If I were to describe what a victim would be in my own words it would be something similar to causing someone to have physical or emotional distress or pain. 2) The status of crime victims during the historical golden age differs from the status of victims today in several ways. Early human history was known as the “Golden Age of the Victim” because the people that were harmed could exact revenge and punish their perpetrators. This was said to bring closure to victims and make them feel “whole again.” As times became more modern, drastic changes began to take place. Nowadays, the rights of victims have increased to include pretrial rights, compensation, trial rights and post-trial rights. There was no harming or seeking revenge to anyone who caused you harm. The changed view of the nature of crime has affected the status of victims because it has now made it possible to create some kind of fairness and justice within the legal system without having to take someone else’s life as punishment. 3) The term victim’s right is defined as the fundamental right of victims to be equitably represented...
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...if any friends, and work menial jobs. Power reassurance rapists seek validation. This validation elevates their “status.” Power reassurance rapists also seek to validate a fantasy of being sexually adequate and may demand the victim act out a sexual fantasy. They tend to frequent adult bookstores and have voyeur, exhibitionist, transvestite, and or fetishist tendencies. There is a strong sexual component to their attacks…they view the rape as a sexual relationship and thus rarely if ever use force. Anger retaliation rapists are exactly that…rapists who retaliate out of anger. These people tend have faced family hardships, such as divorce or foster care, early in life. They are poorly educated, often high school drop-outs, misogynists who have backgrounds in contact sports, frequent bars, and have action oriented jobs. These physically abusive people are usually in relationships, socially competent, and have a history of violence. Anger retaliation rapists choose their victims, usually the same age or older, locally with little preparation and the intent to harm. These attacks occur infrequently and with the attacker cursing, using weapons, and ripping the victims clothes off. The attack is non-sexual…the goal is simply to humiliate and control the victim. They are trying to get even with the...
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...In this paper the student will describe the roles and functions of the prosecutor, defense attorney, criminal, and victim in the criminal justice system. The student will then summarize the affects of victimization on each role. Also, the following questions will be answered by the student: What are the goals of sentencing associated with each role, and what are the goals of alternative sanctions? Finally, the student will discuss personal recommendations regarding victims’ rights. The main role of the prosecutor is to get a state conviction in criminal proceedings. At times of private practice, present a case in defense of the victim and other parties wronged by a criminal. Also, the prosecutor must prove without question that the defendant is the one at fault. The prosecutor at times, seeks to resolve the case with a plea bargain. The plea bargain is a prosecutions best tool. The plea bargain closes the case as quickly as it opened, and the prosecution team gets win without having to rely on a jury or argument. The main role of the defense attorney is to come to the aid of the accused and provide a competent defense or defenses to prove the innocence of the accused. During the plea bargain the defense attorney is trying to get the best deal for the client being represented by the defense. The plea bargain is a good tool for the defense as well. Even though the pea bargain can count as a lose the defense attorney secures two objectives with it. First objective is the...
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...and Mental Effects of Domestic Violence on its Victims AnneMarie Rivera ENG/147 February 9, 2015 The Physical and Mental Effects of Domestic Violence on its Victims The "domestic" part doesn't matter—violence is violence. There was a time when victims of domestic violence could be silenced, and many people didn't pay attention to the seriousness of the situation. Their pleas fell on deaf ears as our society looked the other way. Nowadays that is not the case; we live in a time where victims of all ages, genders, and ethnicities have a much stronger voice. They no longer allow themselves to be denied of any help or awareness of their situation. Victims are now using their experiences to speak out to heal themselves while strengthening others. However, even with the resources available, and the cognizance brought upon to our society, many still do not understand the extent of what victims go through, and how much they actually suffer not just during, but long after getting away from their abuser. Victims suffer mental effects from domestic violence because not only does it cause the victim physical damage from the abuse, but it also causes post-traumatic stress, anxiety and even mental instability from watching the abuse take place. The physical effects of domestic violence and abuse are the most obvious danger and the most noticed on victims. The abuser will use excessive physical force against the victim in a manner to cause injury—ranging from minor...
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...of trained professionals dedicated to the criminal justice system. Each person has a unique responsibility in regards to the role they play in how cases are processed through the court system. The roles are divided into categories of professionals and non–professionals. The judge, prosecuting attorney, defense attorney, bailiff, court reporter, and court administrator are among the professionals. Non-professional participants are those who attend court proceedings and may include the defendant, victims, witnesses, jurors, spectators and media personnel. There are specific guidelines the individual participants must follow for communicating and processing cases through the court system regardless if the case originates in criminal or civil court. The professional members in the courtroom are responsible for moving cases through the courts and ensuring all Constitutional Rights are protected in the best interest of society. Public outcry and advocacy have led to the emergence of victims’ rights in recent decades. Prosecuting Attorney The prosecuting attorney’s role is to present evidence against the defendant on behalf of society. When a case is presented to them, they must review the evidence and the charges against an individual to warrant moving forward with the case. The prosecutor attends every court proceeding in a criminal case armed with evidence to prove the defendant’s guilt which they must share with the defense. The prosecutor can exercise discretion in determining...
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...O.R., C.C.H stated that the organizers of this 14th Commonwealth Law Conference on the choice of the theme “Developing Law and Justice” and the various streams which include human rights and corruption within the Courts, issues which are inter-related and important in the administration of justice (The Hon. Mme. Justice Bernard, D., O.R, C.C.H, 1992). This impact the overall operations of the court system by making sure that whoever is on board of a particular case the judge, lawyers, and the officer must treat the individual fairly know matter how wrong the suspect is. That means their can be know bias act against the criminal. This is apart of the International Human Rights treaties. This may cause more finances to be implement and very time consuming, because each suspected human being that is sentenced to a court hearing is entitled a full equality to a impartial and public hearing. The individual is also entitled to an independent tribunal within the fortitude of his or her rights and obligation of a criminal charged against the suspected. The interrelated ones of immigrating and cultural diversity among the 1900’s and next century are the nation’s most significant trends. 12.6 percent of our nation’s population was estimated in the 1900’s. The estimation showed that 32 million were the estimated home speakers of non-English languages. The National Center for State Courts, Research Division states, this diversity makes it increasingly difficult for the criminal justice system...
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...Victims and Crime Evaluation Paper Criminal Law/CJA/354 An alarming amount of innocent people become victims of crime every year, and the victim’s rights are every bit as important as the offender’s rights. There are certain tendencies that appear within patterns of crime and victimization, such as adolescents are most likely to be victimized, men become crime victims more often than women, and African Americans experience more crime than other racial groups (Newmark, 2008). Victims of crime suffer from physical, emotional, psychological, and financial issues. Some of the issues victims of crime face are physical injury, fear for personal safety, medical expenses, counseling expenses, feelings of fear, grief, shame, and anger, and lost income. Victims of crime needing assistance may believe they are overlooked or even revictimized by the criminal justice system, a system that may appear to be more concerned with the criminal’s rights than with the needs and rights of the victim. This paper will address the role the prosecutor, defense attorney, criminal, and victim play within the criminal justice system and how victimization affects each. The Prosecutor The prosecutor plays a critical role in the criminal justice system and serves many functions throughout the criminal justice process. Some of these functions are as follows: * Investigating * Helping the police build a case against the person(s) * Bringing charges against a person(s) * Arranging...
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...Victims’ Rights CJA 324 July 26, 2015 Introduction to Victim’s Rights As a nation we have both state and federal laws that establish a set of rights for victims of crime. Although these laws vary depending on the jurisdiction of the crime being investigated, they give victims the right to have certain information regarding their case, afford the victim a limited role in the process of seeking out justice, as well as granting special protections for the victim. Some states only recognize a victim as in individual who was harmed during the commission of a serious offense, or a felony, while other states grant victims’ rights to any individual harmed during a criminal act, whether it was a misdemeanor or a felony ("The National Center for Victims of Crime", 2012). Personal Stance While victims’ rights have come a long way over the years there is still a much longer way to go to go before we reach a point where victims are treated better than the criminals who committed the crime against them. According to the National Center for Victims of Crime (2012), “All states provide crime victim compensation to reimburse victims of violent crime for some of the out-of-pocket expenses that resulted from the crime. The purpose of compensation is to recognize victims' financial losses and to help them recover some of these costs. All states have a cap on the total compensation award for each crime, and not all crime-related expenses are covered. To be eligible for compensation...
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