Victims and Crime Evaluation
Victims and Crime Evaluation
Introduction
The criminal justice system is used as a guide to maintain law and justice in the world. The criminal justice system ensures that all the branches of the government are used to maintain law and order by controlling and deterring crime, upholding social control, and sanctioning the people who have violated the law with criminal punishments/penalties, and rehabilitation efforts. The criminal justice system comprises of three primary elements that are, the courts, the legislative, and corrections (Siegel & Senna, 2005). In the central bodies of the criminal justice system, each one of them has individuals that play distinct roles in the successful functioning of the judicial system, for instance, the victims, the criminals, the prosecutor, and the defense attorney.
The prosecutor plays an integral role in the criminal justice system. Most prosecutors act as officers of the courts and the bureaucrats of justice by representing legal actions in a court proceeding. Since they are the administrators of justice, the prosecutors are supposed to act with sound discretion and objectivity while performing their duties in a court of law. Moreover, they are guided by the standards of utmost professional conduct defined in the Bar association which they have to adhere to the ethical code of conduct stated in the Bar Association. The primary roles of a prosecutor are to investigate a crime and ensure that justice is served by making sure the lawbreakers or rather the criminals are apprehended and convicted. In addition, they should convince the judge or the jury that the evidence presented in court is enough to find the defendant guilty. However, according to Siegel and Senna, the roles of a prosecutor can be tough because he/she is not supposed to act by her/her personal beliefs while handling a case (2005). In addition, a prosecutor while dictating a case or its cause of action should adhere to the established rules of law by the criminal justice system to convict the accused persons.
Apart from the prosecutor, there is the presence of the defense attorney in the criminal justice system. Just like the prosecutor, the defense attorney’s role in the criminal justice system is significant even though most of them are regarded as the anti-justice entities of the criminal justice system. A defense attorney is hired to represent the accused in a court of law and make sure they are acquitted or receive the least punishment possible. The roles of an attorney are to keep the client and the defendant informed on the progress of their case while defending them in a court of law. Moreover, they also tell them about their rights during the court hearing. Besides, defense attorneys can advocate for bail in a case if it is applicable even if the accused is already in jail. Another important role of the defense attorney is to negotiate with the prosecutors to reduce or drop the charges for their clients (Little, 2010). Therefore, the role of the defense attorney is vital because he/she plays an integral part in providing defense for a client in the court of law, making decisions on behalf of the client in regards to the appeal process and the juror selection.
In the criminal justice system, there is the presence of the victim and the criminal. They also have an important goal in the criminal justice system because without them; there is no case. The victims are supposed to file a case/complaint and after that, act as a source of information for both the defense attorneys, the prosecutor, and the police force. Moreover, they have a legal right to be present in the court of law during a trial and submit their statement and grievances during the hearing and sentencing of the accused.
On the other hand, the criminal should be present in the criminal justice system to work hand in hand with the defense attorney about their cases. The main role of a criminal is to provide the needed information to the defense attorney handling his/her case. Moreover, the criminal is entitled to cooperate with the judges and the lawyers, and if found guilty, serve the punishment given. The criminal is only allowed to speak through his/her defense attorney and follows the instructions given by the attorney to the latter for the benefit of the case.
Victimization
Victimization also plays an integral part in the criminal justice system. Therefore, it can affect each part of the justice system. Most criminals or the accused people are fond of using self-victimization to justify their unlawful and felonious actions. They come up with reasons and excuses to justify their actions for the crimes they are being accused of to appear, as they are not criminals, but victims. Therefore, victimization affects every role in the criminal justice system because the criminals can manipulate the court and the law agencies so that they are not convicted and punished for their crimes. They play the victim of the alleged crime just to go scot-free. Moreover, it affects the prosecutor’s role because he/she has to prove that the defendant is guilty.
Sentencing Goals
The criminal, prosecutor, the victim, and the defense attorney play different roles in the criminal justice system during sentencing (Lubitz, & Ross, 2001). The prosecutor plays a vital role in sentencing a criminal. The primary goal of a prosecutor is to ensure that the law is upheld by obtaining the strict and recommended sentence allowed by the law while prosecuting a criminal. Furthermore, the prosecutor should challenge derogatory assumptions that can be made by the defense to compromise the case. The prosecutor also helps the necessary evidence needed in the case. On the other hand, there is the defense attorney whose goal is to defend the client to his/.her best. If the client is found guilty, the defense attorney should advocate for the shortest jail term possible and the least punishment for the defendant. Next is the criminal who is supposed to follow the defense attorney’s advice and to be prosecuted or set free after the court’s final decision. Lastly, there is the victim whose goal is to give evidence and achieve justice at the closure of the case filed.
Alternative Sanctions
The alternative sanctions goal is to determine that the sentence is a fair one and the most reasonable option for the crime committed. Therefore, it provides options available, and they range from probation to incarceration, but the final decision will always come from the judge or the jurors. Nonetheless, alternative sanctions provide an option for the criminals who are not considered a threat to the public if not incarcerated (Neubauer & Fradella, 2013). Therefore, they allow the offender to put good use of their time during probation by giving back to the community.
Recommendations on the Victim’s Rights
The recommendations I have regarding the rights of the victims is to ensure that they have the same many rights as those provided for the defendant. Additionally, they should be allowed to voice their opinions on the case by providing evidence and witnesses that can help prosecute the defendant if proven guilty. Moreover, they should be permitted to speak during the offenders hearing and sentencing to help find the accused guilty of the crimes committed.
References
Little, R. K. (2010). ABA's Project to Revise the Criminal Justice Standards for the Prosecution and Defense Functions, The. Hastings LJ, 62, 1111.
Lubitz, R.L., & Ross, T.W. (2001). Sentencing guidelines: Reflections on the Future. National Institute of Justice. Retrieved January 29, 2016, from <http://www.ncjrs.org/txtfiles1/nij/186480.txt>
Neubauer, D., & Fradella, H. (2013). America’s courts and the criminal justice system. Cengage Learning.
Siegel, L.J., & Senna, J.J. (2005). Introduction to criminal justice: Tenth edition. Belmont, California: Thomson Wadsworth.
