Victim Participation in the Criminal Justice System Essay Example

Introduction

The rate of the victim's participation in criminal activities has significantly risen. The paper will discuss the issues revolving the position of the victim in the Criminal Justice System. It will review how the victims' rights are arising and suggest that the role of crime mitigation and punishment should be to reform their behaviors.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

The Place of the Victim in the Criminal Justice System

The role played by victims in the court proceedings has been a subject of interest for so many scholars (Shapland, 2015). The significance of offering protection for crime victims was heightened during the 60s. Special programs meant to provide support for victims began to emerge during that period. There was the introduction of special services for different categories of victims such as the establishment of concentration camps for survivors and kids who had been subjected through physical abuse. There was the development of victim-witness assistance programs which were meant to motivate victims to report the crime and to work closely with the investigating team when trying to come up with valuable evidence on their cases; this happened during the 70s. Most civil right activists, local groups and also law enforcing groups started to keenly focus on how to deal with extreme mental, physical and financial damages that crime has caused victims. Moreover, these groups have highlighted some of the victim needs which were not previously included in the Criminal Justice System and whole government.

According to (Kelly, 2015), the new leaf of victims' movement or protest was formed during the 80s; both the international and intergovernmental organization urged its member nations to develop victim support acts in their legislation, so that they may ensure the crime victims are fairly treated within the criminal justice system, which means that the government is focused and concerned on restructuring the services that will empower crime victims and improve their recovery, and also ways of controlling crime.

According to (Shapland, 2015), the United Nations refer to victims as individuals, who have been inflicted with harm including physical or mental injury, emotional torture, economic loss or violation of their rights, by means violating criminal laws operating within the countries within the UN statute.

• The persons that were safeguarded by the values of impartiality for victims included the following.
• The victims had the right to receive and relay information regarding the case affecting them during the court proceedings;
• The victims had the right to convey their views to the judicial agencies;
• The victims are entitled to "free" lawful aid;
• The victims were entitled to receive compensation from the nation in case of violent crimes;
• They were also allowed to get social assistance.

The UN implemented resolution 60/147 on the primary values and strategies on the Right to Therapy and Compensation for those victims who had gross violations in "International Human Rights Law" (Silberman, 2018). As per the resolution, the idea of victim protection is similar to the UN Declaration of primary values of Impartiality for crime victims. However, the resolutions focus on those who have committed great violations in "International Human Rights Law" (Strang, 2011). The victims have the right to access justice equally, such as the provision of legal assistance. Even though there have been many alterations to the criminal justice system, the rate of victim participation in court proceedings is still low especially in the ICC.

References

Shapland, J., Willmore, J., & Duff, P. (2015). Victims in the criminal justice system (p. 1). Aldershot: Gower.

Kelly, D. P., & Erez, E. (2017). Victim participation in the criminal justice system.

Strang, H., & Braithwaite, J. (Eds.). (2011). Restorative justice and civil society. Cambridge University Press.

Silberman, C. E. (2018). Criminal violence, criminal justice (p. 305). New York: Random House.