Wednesday, October 28, 2009

VICTIMS

Victims are defined as anyone who has suffered a loss or been victimized by another person. This can be any number of things such as personal property loss or damage, physically being violated, assaulted, or murdered. The role of victim affects the criminal justice system in more ways than can be counted. Victims have a story to share at most times during the sentencing phase, and have an impact as most judges take into consideration the personal affect that a crime has had on a victim. The criminal justice system itself tries to prevent crime from occurring by putting laws in place and consequences to deter behavior hopefully preventing some victimization from ever occurring. In the origins of criminal law, the victim and the prosecution were identical. In all legal systems, however, the historical development has led to the establishment of an official prosecution, while the victim’s role has been reduced to that of a witness. Victims have certain rights within the criminal justice system, typically a crime is committed, law enforcement is notified, an investigation takes place where witness statements and victim statements are taken. The offender is usually arrested or charged at this point, the prosecutor evaluates the case, a preliminary trial is conducted and it is decide if the case will go to trial, if there is a trial that happens in superior court and victims usually give testimony. Victims have rights to information, protection, notice, privacy and prompt disposition throughout this whole process. Victim’s advocates are now a part of most all agencies and there function is to assist the victim of a crime that may not be familiar with the process of getting justice for the crime that has occurred. Victims are in some cases entitled to monetary restitution that can be sought and granted in a civil suit against the offender.

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