Victims Rights as They Apply to the Criminal Justice System in the Past - Essay Example

Victim’s Rights The purpose of this paper is to discuss victim’s rights as they apply to the criminal justice system in the past, present and future. The history of victim’s rights movement dates back in the United States, to the 1960’s and has progressed somewhat to what they are today. This progression of the idea of victim’s rights will be examined as well as the projection of victim’s rights in the future. Improvements that can be anticipated will also be discussed. The victim’s rights movement began in the 1960’s as a response to the criminal justice system’s affinity for the constitutional rights of offenders, seemingly first and foremost, “The Modern Crime Victims’ Rights Movement began more than 30 years ago and aspired to improve the treatment of crime victims in the criminal justice system. This Movement has since evolved into ‘one of the most successful civil liberties movements of recent times.’” (Lewis and Clark College, 2008). There was an increase in lawsuits filed by offenders at this time. The response to this from the criminal justice system was an adamant focus on rehabilitation and education for those convicted of crimes. Another aspect of the rise in the victim’s rights movement was the number of offenders that returned to violent or abusive behavior upon being released from jail. In many cases, these perpetrators returned to seek revenge on the same victims that they had violated before being sent to jail. Amendments began to surface dictating that the prosecuting attorneys stay in touch with the victims of violent crimes not only through the prosecution process but also after the incarceration of the defendant. This insured that victims were given warning ad to upcoming parole hearings and release dates of the defendant. Other Amendments have provided that any pay received by the defendant, go in part, to the victim and the victim’s family. This is also applicable to any type of written work produced by the defendant. If the defendant publishes a written work or sells the rights to his or her story, the victim and or family of the victim are then entitled to some or all of the proceeds. This particular amendment has been repeatedly challenged on the basis of freedom of speech. In 1973, a groundbreaking case can be credited for truly beginning the victim’s rights movement, “Linda R.S. v. Richard D., 410 U.S. 614 (1972). In Linda R.S., the Supreme Court considered whether an unmarried woman could seek to enjoin the prosecutors’ office from discriminately applying a statute criminalizing the non-payment of child support by refusing to prosecute fathers of children born to unmarried women. The Court’s narrow holding was that the victim could not demonstrate a nexus between the prosecutor’s alleged discriminatory enforcement of the child support statute and the woman’s failure to secure child support payments, and as such, the victim did not have standing to seek the relief she requested” (Lewis and Clark College, 2008). Since this case, the judicial system has been more aggressive in protecting the rights of the victim. A crucial aspect of victim’s right can be applied to women. Violent crimes against women, particularly rape, have been sorely understated and addressed in times past. Even as early as twenty years ago, women who were sexually assaulted or raped, were often placed on trial along with their attacker as far as their sexual history, personal appearance and job title. Unfortunately, this caused many women to fear this process and therefore crimes against women would often go unreported. As of 2006, congress passed a bill specifically dealing with violence against women, “Congress passes and President Bush signs the Violence Against Women and Department of Justice Reauthorization Act of 2005. This extension of the Violence Against Women Act includes provisions for early intervention, prevention, and health care, and promotes a national commitment to keep women and children safe from fear and abuse” (Commonwealth’s Attorney Victim Witness Assistance Program, 2008). It is also no longer permissible for public defenders to bring the victim’s sexual history or the clothing worn by the victim at the time of attack into the trial. Today, victim’s rights is more proactive in providing protection and information to victims of violent crimes, Today, states have passed many laws that protect the rights of crime victims. In addition, 32 states have included crime victims’ rights in their state constitutions. Constitutional rights for victims remains a principal goal of the crime victims’ movement”(The National Center for Victims of Violent Crimes, 1999). The rights of victims are now recognized more equally to the rights possessed by the defendant. Certainly, anyone accused of a crime is entitled to a fair trial and is innocent until proven guilty. The victims however of such crimes are now afforded information about the defendant as far as release dates and parole dates in order to better prepare for possible future assaults or attempted contact with the victim by the defendant. Individuals known as victim’s advocates work especially hard to incorporate victim’s rights legislation into the Constitution in order to create a permanence. The reason for this is Constitutional amendments supersede any statute set forth by a given state. By pushing for amendments that are in favor of victim’s rights, victim’s advocates insure long term victim protection and consideration. (The National Center for Victims of Violent Crime, 1999). The application of victim’s rights laws applies not just to the judicial system and its proceedings but also to law enforcement. Law enforcement officers are now required to provide victims with times, places and dates of upcoming trials pertaining to the crime in which they were the victim as well as providing a safe waiting area for the victim at the time of trial. Law enforcement officers are also required to inform the victim as to their rights as a victim as well as the rights of the defendant. In the case of sexual offenders, specifically pedophiles, it is now required by law for sex offenders to register in the area in which they reside in order to allert parents of children that a known sex offender lives near by. This was a controversial matter when first introduced as it challenged the rights of the defendant, but the laws have progressed towards preventing future crimes by making communities aware of the fact that a known sex offender has moved to their area. The future of victim’s rights appears to be heading towards prevention as the best means of protection. Victim’s rights bills vary from state to state but Constitutional Amendments are applicable nationally. This is why victim’s rights advocates seek so vehemently to reconstruct Constitutional amendments in favor of the rights of the victim as opposed to the concern of the rights of the defendant. Overall, the rights of victims has progressed very slowly, even with an ever present need, “More than 50 per cent of victims around the world are unhappy about the way police treat them, and many others end up severely traumatized by criminal justice systems, according to the International Crime Victims Survey (ICVS), which has been carried out in more than 60 countries over the past decade”(United Nations Department of Public Information, 2000). A main concern for victims of violent or sexual crimes is that they are not given say in what the sentencing or punishment should be for the perpetrator of the crimes committed against them. Certainly, there are laws against crule and unusual punishments, but at the same time, many violent perpetrators receive judicial slaps on the wrist. The future of victim’s rights seeks to actively hear the voices of the victim as well as enhance preventative measure to ensure the safety of individuals who have already been a victim to a violent or sex crime. Works Cited: Lewis and Clark College, 2008, History of Victim’s Rights, retrieved from website at: http://www.ncvli.org/vrhistory.html North Carolina Court System, 2008, The Victim’s Rights Act, retrieved from website at: http://www.nccourts.org/Citizens/CPrograms/Victims/Rightsact.asp The National Center for Victims of Crime, Constitutional Rights for Crime Victims, retrieved from website at: http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32463 Commonwealth’s Attorney Victims Witness Assistance Program, 2008, Victim’s Rights History, retrieved from website at: http://www.yorkcounty.gov/vw/history/2006.htm United Nations Department of Public Information, 2000, Offenders Have Rights, but do Victims?, retrieved from website at: http://www.un.org/events/10thcongress/2088a.htm Read More