8/16/2019 CJS 211 Week 5 Individual Assignment Victims Rights and Vengeance s.docx

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Victims’ Rights and Vengeance 1

Victims’ Rights and Vengeance

Cynthia Molina

May 2, 2016

University Of Phoeni

C!" 211

Kristopher Crowley

8/16/2019 CJS 211 Week 5 Individual Assignment Victims Rights and Vengeance s.docx

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Victims’ Rights and Vengeance 2

#he c$rrent state of victims’ rights is vastly different than in %rior decades& C$rrently,

there is a large n$m'er of victim’s rights (hich cover a n$m'er s$')ects& *ll states have some

form of legislation (hich encom%asses victims’ rights& #he core of these rights incl$des+

#he right to attend criminal )$stice %roceedings #he right to a%%ly for com%ensation #he right to 'e heard and %artici%ate in criminal )$stice %roceedings #he right to 'e informed of %roceedings and events in the criminal )$stice

%rocess, of legal rights and remedies, and of availa'le services #he right to %rotection from intimidation and harassment #he right to restit$tion from the offender #he right to %rom%t ret$rn of %ersonal %ro%erty sei-ed as evidence #he right to a s%eedy trial and #he right to enforcement of these rights .Offices of the United "tates *ttorneys,

201/ &Prior to the ince%tion of these rights, victims (ere treated more li e (itnesses and there

(as little consideration given to them d$ring the criminal )$stice %rocess& #oday, victims have

more rights '$t their %lace (ithin the criminal )$stice %rocess is still controversial& hile

victims have the right to attend criminal %roceedings, this right is often conf$sed (ith the a'ility

to %artici%ate in the %roceedings in the form of victim im%act statements&

*ccording to Mesmaecher .2010 victims often are dis%laced in the )$stice %rocess and

their vie(s lean more to(ards %$nitive )$stice rather than restorative& Often the victim elicits

emotions s$ch as anger and o$trage (hich is arg$a'ly 'iasing to the sentencing %rocess& 3m%act

statements have 'ecome increasingly more %resent in criminal %roced$res and in the minds of

many victims this is a right rather than a f$nction of the %rocess& #his conf$sion highlights the

lac of $nderstanding of victim’s rights 'y victims and society in general& #he res$lt of this

conf$sion is that the victim’s %osition is conf$sed and the )$stice %rocess leans heavily to(ards

'eing %$nitive rather than reha'ilitative and is less o')ective .Mesmaec er, 2010 &

4es%ite this iss$e of not $nderstanding the role of the victim, there have 'een

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Victims’ Rights and Vengeance

References

Mesmaec er, V& 4& .2010 & =$ilding social s$%%ort for restorative )$stice thro$gh the media+ is

ta ing the victim %ers%ective the most a%%ro%riate strategy>& &Contemporary Justice ,

25?926@&

Offices of the United "tates *ttorneys& .201/ & Victims’ Rights & Retrieved from 4e%artment of

!$stice+ htt%+AA(((&)$stice&govA$saoA%riority9areasAvictims9rights9servicesAvictims9rights

"argent, M& *& .2012 & hen *'$se Victims "B$ander #heir Moral *$thority& Commonweal , 129

1/& References

Mesmaec er, V&4& .2010 & =$ilding social s$%%ort for restorative)$stice thro$gh themedia+ is ta ing the victim %ers%ective themost a%%ro%riatestrategy>& & Contem%orary !$stice, 25?926@&

Offices oftheUnited "tates *ttorneys& .201/ & Victims’Rights& Retrieved from 4e%artment of!$stice+ htt%+AA(((&)$stice&govA$saoA%riority9areasAvictims9rights9servicesAvictims9rights

"argent, M& *& .2012 & hen *'$se Victims "B$ander#heirMoral *$thority&Common(eal, 1291/&