Victimization In The Criminal Justice System

1204 words - 5 pages

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 ...view middle of the document...

Balancing a victim’s goal for rehabilitation and the sentencing guidelines of incapacitation is an issue faced by many prosecutors (Schmalleger & Hall, 2010). Alternative sanctions, when allowable by guidelines, are often used when the victim requests or when sentencing evidence is too weak for stronger punishments. Prosecutors may offer alternative sanctions in exchange for concessions in other charges or when the defense offers a few types of sentences to avoid one or two others.
Defense
While the defense has much less leeway in sentencing, they have a burden, nonetheless. While the prosecution can bring previously unused evidence into sentencing hearings, the defense, throughout the entire process, is bound to very strict rules about what it can and can’t say about the victim. Not only does the defense have the emotionally taxing job to defend a person who has victimized another, but it must also prepare to counteract the victim impact statement without violating victim’s rights (Schmalleger & Hall, 2010).
The goals of the defense are often to seek the lightest sentence possible and will typically try to convince the court of an offender’s ability to rehabilitate or deter from further committals of crime (Sphone, 2002). Defense teams will be most likely to ask for alternative sanctions in lieu of harsher sentencing. They are also bound, however, by sentencing guidelines and must ask for sanctions, such as home confinement or work release, within those time guidelines. The defense may not ask, however for sentencing, which is not equitable. An example would be probation for a kidnapping (Schmalleger & Hall, 2014).
Offender
Some hope that the move to allow victim statements and other victim influence will move the criminal to a place of true remorse which will then allow for true change and rehabilitation to occur. In reality, the introduction of victim statements has been shown to increase the frequency of harsher sentencing (Sphone, 2002).Victimization can also give the criminal a sense of control over the victim and provide for intimidation and the hope for a lighter sentence. Unless a criminal is truly remorseful, a criminal is threatened by his or her crime against the victim and powerless against the facts of that victimization. Criminals who are not repentant are certain to have a goal of light alternative sanctions and can only hope for the mercy of the court and the victim.
Victim
In all of this lays the crime against the victim and the victim’s right to justice. Unfortunately, victims often experience re-victimization during the court process. Some feel that the power being given to victims lead to a generally more victimized state of mind in society (Schmalleger & Hall, 2010). A victim’s true goal in sentencing must be a sense of closure and relief. Crimes vary...

Other assignments on Victimization In The Criminal Justice System

Criminal Justice System Essay

524 words - 3 pages information that you have attained in the individual portion and decided to use for coordinating the information for briefing on the process at the federal court building. Your group is expected to produce a paper of 8–10 pages that will fulfill the following requirements. As you answer each requirement, you must provide support or evidence that will enhance and empirically prove your answers. Academic criminal justice articles or real-life

Relevance Of Free Will In The Criminal Justice

741 words - 3 pages Relevance of Free Will in the Criminal Justice System Ja’Nea M. Jenkins North Carolina Central University According to the Merriam-Webster’s dictionary, free will is the freedom of humans to make choices that are not determined by prior causes or by divine intervention. However, free will is the power of self-determination; one’s ability to choose between courses of action is not completely determined by circumstances. The author

Provide A Brief Overview Of The Juvenile Justice System In Ireland And Analyse Its Response To Young Offenders Making Reference To The Children Act 2001 In Your Answer

1224 words - 5 pages deal with young people and their families in order to prevent them from engaging in any criminal activity and getting involved with the criminal justice system from an early onset. Each Garda District in Ireland has a juvenile liaison office whose duty is to maintain an informal relationship with any young people at risk of engaging in criminal activity and to liaise with teachers, Child and Family Agency Social Workers, school attendance officers

The Currency And Monetary System In Hk

584 words - 3 pages 论港币存在必然性及合理性 ——探究香港货币金融制度 结题报告 The currency and monetary system in HK The Concluding Report Written by:Xin,Wu Instructed by: Yi, Yang May,2014 - 【摘要】 本报告简单研究了香港的货币政策,金融管理,并且对香港金融风暴以及香港货币制度进行了简单的分析。 【问题提出】 作为全球最大的金融中心之一的香港,同时作为中国“一国两制”地区之一。奉行资本主义制度的香港的金融体系又是如何管理以做到稳定的呢?香港的货币政策与大陆的货币政策又有什么不同呢? 【研究方案】 1、网络(主要了解宏观信息) 2、相关人员支持(咨询人员) 目录 Ⅰ 现存制度现状及分

Crime

2538 words - 11 pages , research in criminal justice has dramatically increased. The period between 1960 and 1980, saw the enormous increase in efforts in the federal government to initiate research projects that were designed to understand the extent of criminal behavior, including the etiology of criminal behavior, as well as the reaction of the criminal justice system to criminal behavior. Although still under supported financially, funded research efforts during

Punishment And Sentencing

1149 words - 5 pages criminal cases make it to trial and fewer still are reviewed by an appellate court, the impact of appellate rulings is felt throughout the criminal justice system as a whole” (Meyer & Grant, 2003). Appellate rulings contour both the substance and procedure of the criminal justice process. The reader should have gained knowledge of how the sentencing and punishment process works. In addition, the philosophies of juvenile and adult courts

Assignment

6925 words - 28 pages Cyber and Traditional Bullying Victimization as a Risk Factor for Mental Health Problems and Suicidal Ideation in Adolescents Rienke Bannink1, Suzanne Broeren1, Petra M. van de Looij – Jansen2, Frouwkje G. de Waart2, Hein Raat1* 1 Department of Public Health, Erasmus University Medical Center Rotterdam, Rotterdam, the Netherlands, 2 Municipal Public Health Service Rotterdam area, Rotterdam, the Netherlands Abstract Purpose: To examine

Disparity And Discrimination

828 words - 4 pages There is no hiding the fact that both disparity and discrimination are alive and well in the criminal justice field. When reading the words disparity and discrimination, at first glance one might think of them being the same. When we take a closer look at the two the definitions when it pertains to the criminal justice system, they become quite different. It is an important task to identify the two definitions in the criminal justice system, and

Criminal Procedure Policy

1105 words - 5 pages There are two models to the criminal process: due process and crime control. They serve as the basis for regulation and freedom as it pertains to the application of criminal justice and criminal law. The models are in constant opposition with each other to impose their importance to the system as it pertains to principles in the criminal justice process. Even with the dissimilarity between these two models of criminal law, they both have several

Juvenile Justice Case Law

1290 words - 6 pages Running Head: Juvenile Justice Juvenile Justice Case Law Capella University PSF5372 - History of the Juvenile Justice System Introduction Approximately 12, 8-10 year old children commit suicide every year because they are victims of bullying, whereas 1.3 million children a year bully others. Recent incidents of school violence have brought bullying to the nation’s attention in a dramatic way. Research shows that approximately 30% of

Fraud Paper

1711 words - 7 pages officiating judge has the final say. 4) In a criminal court case, the sentence can be a fine or jail time, or both. While in a civil court case, the defendant cannot go to jail, but can be forced to pay monetary damages to the plaintiff, or to return property. In the civil justice system, the primary purpose of a civil action is to recover losses and possibly reap punitive damages. In fact money and other similar damages are the main outcome in

Similar Documents

The Criminal Justice System Essay

642 words - 3 pages The Criminal Justice System The United States criminal justice system is perhaps the most intricate process in the developed world. It consists of three parts; the legislative body (responsible for creating laws), corrections (responsible for imprisonment) and the court system. The legislative body is self-explanatory and the bulk of the legislative process is through Congress. The corrections division of the justice system is vital as it

Criminology In The Criminal Justice System

791 words - 4 pages Criminology in the Criminal Justice System P. Olivia Roehrs CJUS 230_B01 LUO Research Paper July 4, 2014 Abstract Figuring out and understanding why people commit crimes is a main concern of criminology. Do the majority of criminals act and think rationally after weighing the consequences of crime? Is society to blame for an individual committing a crime? Do factors such as mental diseases or genetics play a role in whether or not one

Criminal Justice System Essay

872 words - 4 pages public law which includes all offences but is more directed to a felony crime. Crimes as also defined and punished by statutes or the common laws. A crime is any type of unlawful or immoral act against anyone or anything. http://www.lectlaw.com/def/c330.htm There are three main components of the criminal justice system and they all have different roles in the criminal justice process. First, there is the police component which has many

Criminal Justice System Paper

2630 words - 11 pages Introduction The criminal justice system in the United States is multifaceted and is best understood when dissected into individual parts. There are the components of the criminal justice system, classifications for crime, due process, types of punishment and the process of the criminal justice system, all of which only scratch the surface. When studying and working in the criminal justice field it is important to remember that without each