...Victim's Rights and Vengeance Charles Hill CJS/211 February 22, 2016 Janet Evans Victim's Rights and Vengeance In 1982, President Ronald Reagan the President’s task force called “Victims of Crime Act of 1984” or “VOCA.” The passage of this law in 1984 was to balance the rights of criminals and victims. The law read as “Under United States Code Title 42, the establishment of crime victims’ rights, services and compensation in law enforcement, prosecution, courts, and corrections.” (Wood, 2008). Twenty years later President George W. Bush signed in to law “Crime Victims’ Rights Act in 2004” or “CVRA”. The difference between VOCA and CVRA is basically giving the victim more rights and a bigger role in the criminal justice process. The CVRA made following rights: * The right to be reasonably protected from the accused. * The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or any release or escape of the accused. * The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding. * The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding. * The reasonable right to confer with the attorney for the government...
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...Victims and Vengeance Ryan Cirilo CJA 324 March 25, 2013 University of Phoenix Victims and Vengeance Victim’s Rights In today’s justice system the victims have a lot of rights that they never had in the past and they are able to be heard. I never knew that victims had any rights when it came to the suspect’s trial. The only thing I was sure of was that the victims had the right to testify and have the court here their story. It is like the victim is part of the trial just as much as everyone else and has the exact same rights as well. I agree with victim’s rights because everyone should have the right to know what happens to the person that violated them and hope to see them get what they deserve. Giving the victims these types of rights might help certain ones cope with the situation that happened to them and it will help them get through it. It gives the victim power that they never had against the suspect. I do believe that the Crime Victims’ Rights Act of 2004 has been successful because it has given victims an opportunity to make a difference in the suspect’s case and to give them some power. The Act gave the victim’s rights such as to be present and public proceedings, to be heard at proceedings such as plea bargains, and to enforce their rights. I think one of the rights that stood out to me from the Act is the victims have the right to have their own attorney and seek to assert their rights to be present and participate in the criminal proceeding. The...
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...Victims Rights Cindy Brister Ethics in Criminal Justice/CJS211 Edward Hastings August 3, 2015 In America there is a law that is called victims rights. Within those laws gives the people whom are victims of crimes certain rights. A victim is someone whom was hurt, injured, harmed, or killed due to a crime, accident, or any other event or action. Victims rights is a law set in place by the government that allows the victim to be able to have information, protection, and a limited role in the criminal proceedings. While every state varies a little on the victims right they all are in place to protect a victim in a crime. Victim's right's is great law that is put in place to help victims deal with crimes that are committed against them. The victim did not asked to be violated and should be protected at all cost. They should have a voice and be heard. Victims rights consist of right to be treated with dignity, respect, and sensitivity. They have the right to be informed of what is going on with the criminal proceedings. They have the right to protection such as police escorts, witness protection programs, relocation, and restraining orders. Victims also has the right to apply for compensation. Such as medical or counseling expense, lost wages, funeral expenses. Victims has the right to restitution from an offender. Such as lost wages, property loss, insurance deductibles.They have the right to prompt return of their personal property. They have the right to a speedy trial. And they...
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...Victims’ Rights and Vengeance Terence Goodman CJA/ 324 July 8, 2013 Keith Lima Victims’ Rights and Vengeance From the civil rights era of the 50’s and 60’s, I feel that victim’s rights have come a very long way. I know monetary compensation can never make up for a person civil rights being violated but that will help with any financial burden they may or potentially will have in the future. Programs like President Reagan’s National Victims’ Rights Week are good for spreading awareness to the situation while helping victims navigate the criminal justice system. A major contributor to victims’ rights can be credited to the success of the Crime Victims’ Rights Act (CVRA). I see this as a success because it helps gives victims a voice in which they can come together and enforce their rights so change can be made to better theirs and others circumstances. Not only is this program important for helping to fight for their rights but it also serve as a means of helping individuals get back on their feet. In my opinion, since “we the people” are the ones that write and enforce the laws, I think in some cases vengeance should be taken into consideration. Why not change a few laws to cater to the family of an individual that has fallen victim to a senseless crime. For example: is it fair that a person goes to jail for 20 years for taking an innocent persons life? No! There should be new laws set in place for the victim’s family with the assistance of law enforcement to enact...
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...What is your personal stance on the current state of victim’s rights in America? It is my personal opinion that victim’s rights in America have made improvements over the years to accommodate all victims. The victims’ rights are designed to help all people who are victims of some sort of crime regardless of race or sex. Victims are allowed to voice his or her opinion in court so that it will be known how their life as well as the life of family members has been impacted by the crime. Do you believe that the 2004 Crime Victims Rights Act has been successful? Explain. Yes, it is my opinion that the 2004 Crime Victims Rights Act has been successful. Our country is seeing more victims able to voice their opinion about how the impact the crime committed has impacted their family both long and short term. Many think the voice of the victim goes unheard to protect the defendant. If that is true, I would like to see some changes be made because it is the life of the victim that has been impacted especially if the crime was murder. If the case involves a violent crime I feel the victims’ rights should be held at a higher standard. Is there ever a circumstance in which you feel vengeance is appropriate, even when it means breaking the law? Explain your response. I personally don’t feel that vengeance is appropriate. People tend to confuse revenge with punishment and concepts of justice. Revenge is an emotional reaction to a person who feels they have been defeated or wronged in some...
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...Victims’ Rights and Vengeance Martin Roth CJA/324 October 30th, 2014 William Rutten Victims Rights and Vengeance My personal view of the current state of victims’ rights in America is that there can and should be more involvement with the victims themselves. Some states such as Arizona have granted the right for victims to discuss the case with a prosecutor. Most other states see a private citizen as having no interest in whether the prosecutor brings charges against an offender or not. I see it as being very important that the victim is heard and not cast aside or only used as evidence for the prosecution. When the victim is removed from judicial process, the victim has little or no drive to cooperate. However the Victim-Offender Reconciliation Program gives the victim a chance to ask the offender “why?” as well as other questions in order to achieve some sort of peace within the victim as well as allow the opportunity for the offender to own up to the harm he or she has caused. The Victims of Crime Act of 2004 has indeed been successful in the last 10 years. According to Justice.gov (n.d.), the CVRA has changed drastically since its inception in 1984 by then president Ronald Regan. The current CVRA provides victims with many more rights than before. The CVRA has shown that victims have been taking a role in more cases than in the past. Since the CVRA has passed, the amount of victims taking a part in federal cases has more than tripled. This is an increase...
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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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...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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...by man’s laws, but with God’s Word because in the end, God’s laws rule over all. I believe the Constitution is protecting the rights of the citizens as it was meant to do. Although every member of society should be productive and law abiding, there are still those who will continue to break the laws; including those who hold high positions in our communities which society looks up to. There are some shady and unprofessional law enforcement officials, but I believe for the most part they want to uphold justice and provide protection and safety to the communities they work in. The court systems have some flaws in handing out sentences to criminals; they do their best to give the defendant and the victim protection through due process of the law. Victims have an opportunity to write a victim impact statement to let the Judge know how they were affected by the crime committed against them by the offender in hopes of seeing the criminal get the harshest sentence possible. Hendrix, N. & Inciardi, J. (2014) state, “In contrast with retribution, vengeance is the desire to punish criminals because society gains some measure of satisfaction from seeing or knowing that they are punished” (Pg. 261). What I did not realize was I did not look at the victim’s statements to the Judge at sentencing as a definition of vengeance; nor did I know vengeance was actually a category as part of the sentencing and punishment process. The correctional system has defects in how it supervises and...
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...labeled as the ultimate deterrent to murder. The death penalty is often the only punishment that is deserving for the crime that has been committed. It also helps reinforce the theory “eye for an eye, and a tooth for a tooth,” to begin to give closure to the victim’s family. The death penalty sill serves a purpose in today’s society and will continue to be the ultimate punishment that we can give. Capital punishment is the one punishment that can be called the ultimate deterrent to people committing murder. In the 1930’s, murder rates hit an all-time high. Cases of the death penalty also hit an all-time high in 1935. Because of the fairly routine executions of murderers, over the following 30 years both murder rates and the rates of death penalty cases dropped. “By 1960, 90 percent of all murders involved people who knew each other.” (Tucker, 2000). Murder rates had reached a record low by this time, but that low would only last a short time. By 1964 the U.S. Supreme Court had ruled that capital punishment was unconstitutional. The death penalty was abolished between 1964 and 1978, when the death penalty was reinstated. “Once capital punishment was effectively abolished, these murders returned with a vengeance.” (Tucker, 2000). Between 1965 and 1995, crime rates once again hit a new record high. “Almost the entire run-up of homicide…was in one specific category – felony or stranger murders. These are murders that are committed in the course of...
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...Crime came before laws and laws were created to prevent crime, by setting boundaries and creating consequences if those boundaries are crossed. A crime is something that breaks a law. There are endless possible reasons and situations that would drive a person to commit a crime. Some crimes are more on impulse while some are carefully plotted and prepared for months. Sometimes a person has a mental problem and can't control themselves, and sometimes a person knows exactly what they are doing, but is being selfish or getting revenge. Four specific reasons that crime occurs are hatred, revenge, poverty and peer pressure. In reality, the major predators to humans are other humans. In my opinion, another reason crime is more likely to happen be because people are exposed to so much crime and killing that they become desensitized. By the age of 18, we will have been exposed to thousands of graphic violent acts. Too many of us have become desensitized to it, not realizing the true effects of this type of exposure. Crime and killing is in the movies we go to see, the music we listen to, the television shows we watch, the video games we play, the 10 o'clock news we watch, in the newspapers we read, the magazines we subscribe to, the novels we read, and it’s happening in the very schools where we send our children. It's everywhere and we all get this exposure to some extent. Hate crimes often occur as a result of prejudice and ignorance. A lack of understanding about differences among...
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...Capital punishment has always been in debate across the globe for ages now, sometimes in my own head. In the real world, there are pro group and against group always trying to prove each other wrong, or maybe in this case, prove themselves right, much (un)like the prosecution and defense. I always wonder what goes into sentencing of a perpetrator or like the defense would like to call ‘a defendant’ (by the law of ‘innocent until proven guilty’)? More often than not, or from my little knowledge, I believe that capital punishment is mostly reserved for those involved in murder or serious threat to life, which is understandable. No one has the right to take another man’s life, or woman’s. But how does a judge, or a...
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... There is no doubt it has served its duty of crime deterrence(partly), but I deeply believe that it is time we walk out of the dark history of mankind and into civilisation. As a Singaporean, I am ashamed to say that capital punishment is still legal in my country. Just last year, four people were sentenced to the gallows; two for murder and the other two for drugtrafficking. Despite pressing calls from the public to abolish the death penalty, the government has repeatedly reiterated its position, saying that ‘it is only reserved for very serious crimes3.’ Until the time when capital punishment is abolished, we can hardly even call ourselves a first world country. I understand the argument that the death penalty provides closure to the victim’s families who have suffered and grieved tremendously. But sometimes, I feel that as a society, we have to move away from the “eye for an eye” revenge mentality if civilisation were to advance4. Dishing out the death penalty to the...
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...Arguments for and Against the Death Penalty from http://deathpenaltyinfo.msu.edu/ ARGUMENT 1 DETERRENCE The death penalty prevents future murders. Society has always used punishment to discourage would-be criminals from unlawful action. Since society has the highest interest in preventing murder, it should use the strongest punishment available to deter murder, and that is the death penalty. If murderers are sentenced to death and executed, potential murderers will think twice before killing for fear of losing their own life. For years, criminologists analyzed murder rates to see if they fluctuated with the likelihood of convicted murderers being executed, but the results were inconclusive. Then in 1973 Isaac Ehrlich employed a new kind of analysis which produced results showing that for every inmate who was executed, 7 lives were spared because others were deterred from committing murder. Similar results have been produced by disciples of Ehrlich in follow-up studies. Moreover, even if some studies regarding deterrence are inconclusive, that is only because the death penalty is rarely used and takes years before an execution is actually carried out. Punishments which are swift and sure are the best deterrent. The fact that some states or countries which do not use the death penalty have lower murder rates than jurisdictions which do is not evidence of the failure of deterrence. States with high murder rates would have even higher rates if they did not use the death penalty....
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...Arguments for and Against the Death Penalty from http://deathpenaltyinfo.msu.edu/ ARGUMENT 1 DETERRENCE The death penalty prevents future murders. Society has always used punishment to discourage would-be criminals from unlawful action. Since society has the highest interest in preventing murder, it should use the strongest punishment available to deter murder, and that is the death penalty. If murderers are sentenced to death and executed, potential murderers will think twice before killing for fear of losing their own life. For years, criminologists analyzed murder rates to see if they fluctuated with the likelihood of convicted murderers being executed, but the results were inconclusive. Then in 1973 Isaac Ehrlich employed a new kind of analysis which produced results showing that for every inmate who was executed, 7 lives were spared because others were deterred from committing murder. Similar results have been produced by disciples of Ehrlich in follow-up studies. Moreover, even if some studies regarding deterrence are inconclusive, that is only because the death penalty is rarely used and takes years before an execution is actually carried out. Punishments which are swift and sure are the best deterrent. The fact that some states or countries which do not use the death penalty have lower murder rates than jurisdictions which do is not evidence of the failure of deterrence. States with high murder rates would have even higher rates if they did not use...
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