ACR203 Policy Presentation
Victim Impact Statement (VIS) legislation allows victims of crime the right to share a written or oral explanation about what effect the crime has had emotionally, physically, financially and socially in their lives (Victims of Crime, 2012). However, the right can only be exercised if the defendant is found guilty or pleads guilty to a crime. The legislation also includes rules around what content can be included and age restrictions to who can present a VIS. According to the Department of Justice (2014), a VIS cannot be presented by a victim of crime under eighteen years of age. However, a parent or guardian is able to present the impact of the crime to the minor's life in court instead. Victims are also unable
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A common issue victims have faced in the CJS is feelings of neglect towards their victimization. Other than testifying, they have little involvement in the system (doj, 2014; victims of crime, 2012). In 1979, South Australia launched a committee of enquiry into Victims of crime and their needs. They reported back with recommendations in 1981, including the use of victim impact statements (Erez, Roeger & OConnell, 1994). The right to give a VIS aims to address the victim's problem through acknowledging victims and their involvement in the crime (aic, 1994), as well as allowing them to share information they could not disclose through testifying. Through the statements, the court is able to take into account the effect, adjusting the severity of the punishment to accommodate for the level of suffering and pain victims face at the hands of the offender. Retribution is thus, theoretically more proportionate to the victim's suffering (Victims of Crime, 2012), achieving the sentencing outcome of just punishment. This is also a way to increase a victim's ability to be involved in the case, with the aim of reducing feelings of neglect as a result (doj, 2014; Erez, …show more content…
The victim's ability to convey emotion to the court allows for the effect of the offender's actions on the community to be brought to attention, allowing the sentence increasingly reflect the communities response to the crime and achieve the sentencing outcomes of just punishment and community protection (victims support agency, 2009). Despite fears that a VIS may result in a disproportionately harsh sentences, research suggests that VIS allow for the court to be more proportionate. After the introduction of VIS in South Australia, studies did not reveal any significant increase in sentence length or prison sentence as a result of a VIS (victims support agency, 2009). Findings also suggest that judges find VIS useful in deciding the amount of retribution to sentence the defendant to. A victim support agency (2009) study found that in Australia, two-thirds of judges felt that there were certain offences where a VIS was a useful source of information in sentencing, including physical and sexual
The Supreme Court developed the laws governing Victim Impact Statements based on what they thought was a constitutional conflict where the punishment may be enhanced when a statement made by the victim or family may have more of an impact on the sentencing authority than the severity of the crime (Stevens 2000). Or that the victim impact statement may draw the juries attention away from the evidence at hand and the case being decided through emotional not evidence based means. The Eighth Amendment requires that no excessive bail be required, nor excessive fines imposed, nor cruel and unusual punishments be inflicted.
The judicial system is based off the norms and values that individuals are held to within society. When a person is found guilty of committing a criminal act, there must be a model that serves as the basis of what appropriate punishment should be applied. These models of punishment are often based off of ethical theories and include retribution, incapacitation, deterrence, rehabilitation, and restoration. The retribution model of punishment views the offender as responsible for their actions and as such, the punishment should fit the crime (Mackie, 1982). Incapacitation is a form of punishment that removes an offender from society. This model protects
There are three type of sentencing models used by judges for the sentencing phase of trials; indeterminate, determinate, and mandatory. These sentencing models are used to bring justice to those who are convicted of crimes and must now live with the consequences of their actions. Justice is a word that has a different meaning to each individual person. This paper will discuss, in detail, the meaning of justice, the three types of sentencing models, the pros and cons of each model, and the impact each one has had and continues to have on corrections.
This voluntary alternative gives the offender the opportunity to take responsibility for their actions and identify the impact they have had on their victim, while also giving the victim the chance to confront the offender and take steps to repair the harm done. The victim can ask the offender questions about the crime and the offender may apologise or make amends for their actions. Restorative justice is confrontational and can be difficult for both parties but is proven to help both the offender and victim. While it is confrontational for the victim, for some it can be better than testifying in court. Data shows that restorative justice greatly helps victims in their recovery from the offence. Although the benefits of restorative justice in adult offenders is unclear, it significantly reduces the number of reoffenders in youth. For this reason, restorative justice is mostly used for minor infringements and within the youth justice system.
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
Retribution is the philosophy best explained by the famous saying, “an eye for an eye”. Those that believe in this form of justice hold a strict and harsh view on punishments for crime. The proponents of retribution believe that severe penalties act as deterrence to future crime, however, studies
Pros of the restorative justice system are that it brings parties together in crime. Instead of a short term goal, the restorative justice system takes a long-term approach to reducing crime and violence using different kinds of methods. In restorative justice programs, offenders work with others affected by their criminal actions. Restorative justice promotes instilling positive behaviors in young criminals and teaching long-lasting changes in behavior to prevent future crimes. There also could be negative consequences from the restorative justice system. For restorative justice to work, criminals and their victims must communicate about the crime and its consequences. Since violent crimes often leave victims feeling helpless and vulnerable, encouraging communication can result in increased anxiety and fear. Additionally, communication might breach confidentiality for victims of violent crimes, such as rape and assault, because they must discuss the outcome of the crime and how it has impacted
It's January 11, 2016 and I am getting ready to attend the victim impact panel. My thoughts going into this event are filled with uncertainty. I suspect, I will hear many things that will hit home and cause me to reflect on my personal situation. As I look back, I consider myself very fortunate. I was not in a car accident. I did not hurt anyone or myself. I thank god every day for that fact. As I approached the justice center, I suspect the story I am about to hear will have a very different ending. I clear security and proceed to the third floor. My initial thoughts as I sit with the attendees is that I am surprised by the number of young people and women attending the meeting. Shortly after checking in, the probation officer informed the group that the speaker had to cancel.
This approach has introduced a criminal justice policy agenda. In the past, victims to criminal activities have been outsiders to the criminal conflict. In recent times, many efforts have been made to give the victims a more central role in the criminal justice system. Some of these efforts were introduced a few years back, though even at that time, these efforts were seen as long overdue. Some of these efforts include access to state compensation and forms of practical support. For advocates of restorative justice, crime is perceived primarily as a violation of people and relationships, and the aim is to make amends for all the harm suffered by victims, offenders and communities. The most commonly used forms of restorative justice include direct mediation, indirect mediation, restorative cautioning, sentencing panels or circles and conferencing. In recent...
There are several types of punishment that can be inflicted upon an offender including, fines, community sanctions and imprisonment (The Judicial Conference of Australia, 2007). Punishment is described as a sanction which inflicts a certain amount of pain and loss on the offender, used for payback and deter (The Judicial Conference of Australia, 2007; Carlsmith, Darley, & Robinson, 2002). There are three ways society justifies punishing offenders, through the
Victims of crime have been known to be underrepresented in Australian criminal justice processes (Baldry et al. 2013). In order to resolve this issue a number of reforms have been introduced with the aim to allow the victim greater involvement in criminal justice processes; for example the introduction of the Victim Impact Statement (VIS) allows victims an opportunity to be included in court processes (Israel 2017, p. 525). However, this essay argues that some victims of crime, specifically victims with intellectual disabilities, are still underrepresented during criminal justice processes despite these reforms. One example of such underrepresentation is shown through the current policy initiative of cross-examination; this process is not effective
Retribution – is a correctional aim which is to hold a person who has committed a crime accountable for committing a crime against another or society in the form of punishment. (Stojkovic and Lovell 2013) What we look at in retribution is when someone is punished there is legitimacy in the punishment of a particular crime that was committed. Some of the pros of retribution are retribution can make a person or society feel safer or a feeling of justice being served when a person is punished for the crime they committed. The con of retribution is during court proceedings the prosecution and the offender’s lawyer may come to a plea agreement which could give the offender a lesser sentence than what he or she would have gotten originally. (Stojkovic and Lovell 2013)
In recent years the role of victims in the criminal justice system has risen into prominence, inspiring much research into victim experience and possible reform. There are a multitude of factors that influence policy makers in relation to reforming the criminal justice system, one of which is victims. However, victims while they can be catalysts for reforms such as the case of James Ramage among others, they still play a relatively minor role in influencing policy change.
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.
According to David Garland, punishment is a legal process where violators of the criminal law are condemned and sanctioned with specified legal categories and procedures (Garland, 1990). There are different forms and types of punishment administered for various reasons and can either be a temporary or lifelong type of punishment. Punishment can be originated as a cause from parents or teachers with misbehaving children, in the workplace or from the judicial system in which crimes are committed against the law. The main aim of punishment is to demonstrate to the public, the victim and the offender that justice is to be done, to reduce criminal activities and to deter people from wanting to commit any form of crime against the law. In other words it is a tool used to eliminate the bad in society or to deter people from committing criminal activities.