The basis of successful prosecutions comes from cooperation of the witnesses and victims. Victims of crime play an important role with making the justice system work. Without cooperation or participation, an adequate outlook on the case would be impossible. There are constitutional safeguards provided by the government. Any accused person is allowed legal representation, confront accuser, and have guilt or innocence proved. The Victims’ Rights Amendment of the Florida Constitution also gives rights to a victim. The Florida police department ensures victims’ rights are kept and assists in meeting obligations in the process (University of Florida Police Department, 2014).
The Florida crime victims’ laws includes several different types of cases. As with any crime, there are basically two different types – civil and criminal cases. Any time a crime victim law is thought of its usually thought of as a criminal case where the state attorney prosecutor and punishes the accused for what they did to the victims. The Florida law provides rights to the victims, this Flordia Constitution establishes a bill of rights for victims. It provides rights for the victims and the accused; however the state attorney must
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This statue usually applies to criminal cases. Florida law offers procedures for the treatment of witnesses and victims in the juvenile and criminal justice system. The law permits direct support organizations to help the victims in juvenile and adult crimes. It gives the victim a chance to request the defendant to be tested for HIV if any transmission of body fluids happened in the crime. It also assigns a trust fund to help the victims on violent crimes to pay for expenses that occur due to the crime. Victims are allowed to be informed, present, and heard at all critical stages of the proceeding, as long as it doesn’t interfere with the rights of the accused NCVLI.
Victimology is the scientific study of the physical, emotional, and financial harm people suffer from illegal activities. A common struggle Victimologists face is determining who the victim is. In general, crimes don 't have an “ideal victim”. The term ideal victims refer to someone who receives the most sympathy from society (Christie, 2016). An example of this would be a hardworking, honest man who on his way to work, had his wallet taken by force. Most people in society would have sympathy for him. He spent his life making an honest living to earn what he has and was a victim of a robbery. Victimologists study the interactions victims have with criminals, society, and the criminal justice system (Karmen, 2015). According to (Karmen, 2015)
How and Why the U.S. Supreme Court developed the law governing the use of “Victim Impact Statements” (VIS)?
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
From the moment an innocent individual enters the criminal justice system they are pressured by law enforcement whose main objective is to obtain a conviction. Some police interrogation tactics have been characterized as explicit violations of the suspect’s right to due process (Campbell and Denov 2004). However, this is just the beginning. Additional forms of suffering under police custody include assaults,
Rentschler, Carrie A. & Co. “Victims' Rights and the Struggle Over Crime in the Media.” Canadian Journal of Communication 32.2 (2007): 219-39. Stevens, Aaron P. “Arresting Crime: Expanding the Scope of DNA Databases in America.” Texas Law Review 79.4 (2001): 921-60.
Victims are also affected by punishments and rehabilitation also the. In some cases a victim and family are also affected, like if the victim has to testify against the defendant or like in cases when drunk drivers kill other drivers, the victim families usually want some type of
In the United States, the adversarial system of justice relies on ensuring a criminal defendant receives a fair trial. The sixth amendment gives defendants the right to legal representation in criminal trials even if they cannot afford one themselves. Each city and county in the United States ensures a defendant the right to counsel. There are different ways cities and counties across the United States provide representation for indigent defendants. One such approach to indigent defense is public defender programs and is a popular system used by many states today. Public defender programs have been around since the 1900’s but gained popularity throughout the years due to the many indigent defense cases.
The relationship between law enforcement and prosecutors, which goes hand-in-hand, can’t be overlooked. Evidence of a crime that detectives and law enforcement discover is as equally important as a good trial on part of the prosecution. If detectives aren’t able to find good solid evidence – that case usually isn’t bothered in being pursued. Several years ago, in the late 80’s, there was a murder case in Southeastern Oklahoma which now serves as a tragic example to the need for honest, constitutional work in the criminal justice system. Disreputable investigative procedures, fraudulent sources, and bad evidence were the foundation of this case that shattered innocent lives.
The Florida court system is composed of four different court structures. First, there is the Supreme Court, which is the highest court system in Florida and according to Florida Courts website, “Decisions stemming from Florida’s highest court have helped shape, certainly, the state itself, but the nation as a whole.” (FL Courts, n.d.) The Supreme Court is comprised of seven Justices and at least five of those Justices must contribute in every case and four must agree so a resolution can be reached. Secondly, there is the District Courts of Appeal which provides the chance for a thoughtful review of decisions of lower hearings by a multi-judge panel. “District Courts of Appeal correct harmful errors and ensure that decisions are consistent with
Generally, the study of crime mainly focused on the offender until quite recently. In fact, Shapland et al (1985) described the victim as ‘the forgotten man’ of the criminal justice system and ‘the non-person in the eyes of the professional participants’. A new perspective was brought with victimology, an expanding sub-discipline of crimin...
The prosecutor is supposed to represent the victim, however it is the interest of the prosecutor to represent the state. Due to this trend, many victims started to experience economical and psychological problems and most importantly a sense of injustice emerged. As a result of these factors, many agencies and local governments started to put in place some laws that guaranteed the basics rights of victims in the early 1970s. For example crime victims compensation was put in place and rape shield provisions (Paul G. Cassell). However, it wasn’t until 1982 that President Ronald Reagan appointed a Task Force on Victims of Crime; their biggest conclusion was that “ The Criminal Justice System had lost the balance that has been the cornerstone of its wisdom” (Presidents Task Force on Victims of Crime) and recommended various reforms to the way victims were treated in the Criminal Justice System. The task force recommended, “victims, no less than defendants, are entitled to have their views considered at sentencing” (President Task Force, Pg
... is more emphasis on the rights of the victim, not the rights of the criminal, it may help the effect it has on their the psyche, and standing within a community should not be ignored. We must continue to train our professionals whether that’s law enforcement, counselors, or physicians that no matter how demented or unreal the story may seem; to exhaust every avenue to the best of their knowledge to aid the victim. It is not for them to decide what did and did not occur to the victim. In turn, they may not get the help they need. Victimology is important in the overall investigative process because it not only tells us who the victims were, their health and personal history, social habits and personality, but also provides persuasions as to why they were selected as victims. To disregard the victim as a part of the crime will be absent in information from the get-go.
These numbers demand the public’s attention. The pain of just one child should be more than enough to cause a person to jump up and help, much less the pain of more than six thousand children. The U.S. Department of Justice calls children the “perfect victim” for six major reasons. Firstly, since children are typically not emotionally or physically mature, they will try to avoid talking about the abuse. The second reason that they provide is that often times the child does not want to betray the person who is abusing them due to the fact that, many times, the abuser is someone close to them or even related to them. Thirdly, many times there is not enough medical evidence or reliable eye witness accounts for the police to persecute a sexual predator. Unfortunately, the child’s testimony is easy for most any defense attorney to strike down. Two more reas...
Davis, R. C., Lurigio, A. J., & Skogan, W. G. (1997). Victims of crime (2nd ed.). Thousand Oaks, CA: Sage Publications.
Victimology is the scientific study of victimization and is an issue that affects millions of Americans each year. Anyone is at risk to be general target, but some people share similar traits and many criminologists seek to explain the facts that define the relationship between offender and the victim. This involves the study or investigation into the relationship type and level between the offenders and the victims of the crimes (Hagan, 2013). It works to create linkage between the criminal justice system and the victim to become a voice to advocate and secure justice for the victim. Most often violent crime is planned and executed by a person who is close to the victim. Victims are placed into four categories of victimization; The Victim