Part 1: considerations affecting a judge’s decision
The legal process does not occur in a vacuum. A judge, in appreciation of this fact, makes consideration of a number of factors before arriving at a legal decision. Some of these factors include the previous criminal records of the convict, the evidence and facts in the case, the mitigating statements adduced by the accused and the supervening circumstances during the commission of the said crime. This approach is justified by the fact that criminal justice ought to meet both ends of justice. It is imperative to consider both the side of the accused and that of the complainant in every case. The evidence and facts of the case often determine whether the case has been proved beyond reasonable doubt. On the other hand, the mitigating statements and supervening circumstances explain why the accused and the complainant behaved in the manner in which they did and lastly previous criminal records show the levels of recidivism and whether the convict may need corrective sentences or not.
Part 2: Victims in criminal justice
The American criminal justice has codified crimes as offences against the state. This, therefore, means even though there are directly affected complainants (read victims), it is the state under the office of the prosecutor that handles the prosecution. This has had the effect of relegating the victims to the role of mere witnesses. This has in turn occasioned a number of concerns raised by the said victims. Some of the concerns include failure to consider them in plea bargains between the prosecutor and the accused persons, failure to adequately get briefings on the procession of the case, in some cases failure to passionately prosecute the case to its logical conclusion and the decision on what charges to press against the accused. This exclusionary approach occasioned by the criminal justice system needs to be addressed. One way in addressing the same lies in affording the victims private prosecution. In this case, the victims are allowed to hire his attorneys and prosecute the case. Alternatively, the victims should be involved fully in all decisions the prosecution makes in regard to the case including but not limited to plea bargains, charges to be pressed, the evidence to be relied upon and whether to withdraw or proceed with the case.
Works Cited
Schmalleger, Frank. Criminal Justice: A Brief Introduction. New York: Pearson Education, 2013.
Siegel , Larry, Frank Schmalleger and John Worrall. Courts and the Criminal Justice System in America. New York: Pearson Prentice Hall, 2011.
