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Victims Rights Paper

1087 words - 5 pages

In this paper the student will describe the roles and functions of the prosecutor, defense attorney, criminal, and victim in the criminal justice system. The student will then summarize the affects of victimization on each role. Also, the following questions will be answered by the student: What are the goals of sentencing associated with each role, and what are the goals of alternative sanctions? Finally, the student will discuss personal recommendations regarding victims’ rights.

The main role of the prosecutor is to get a state conviction in criminal proceedings. At times of private practice, present a case in defense of the victim and other parties wronged by a criminal. Also, the ...view middle of the document...

The role of the criminal is to serve out the sentence provided by either the prosecution’s plea bargain or the judgement of the judge provided that the jury decides to convict the accused. While serving the assigned sentence the criminal can get involved in outreach programs and possibly return to society earlier than expected because of good behavior.

The definition of the term victim is any individual against whom an offense has been committed. The victim is represented by prosecution in the criminal justice system. The victim can be either alive or deceased at the time of trial. The duty of the victim is to reveal what allegedly transpired on the day in question and seek restitution for damages if any. Victims usually turn out to be either close friends or relatives of the criminal. Rarely are the two complete strangers to one another.

The term victimless crime refers to illegal behavior that does not directly violate or threaten the rights of another individual. These victimless crimes more than less involve consensual acts in which two or more individuals agree to commit a criminal offense. The following illegal acts fall under the term victimless crime: prostitution, gambling, and unlawful drug use.

Victimization is a term that means the adversity resulting from being a victim. To simplify, victimization is the reason a woman that has been raped has a hard time trusting the other partner in future relationships. The woman fears eventually the other partner will betray the trust the relationship was founded on and make the woman a victim of a sexual crime again. Victimization works for both the defense and prosecution. Victimization works for the defense attorney in the sense it provides a defense for the defendant and gives the defense attorney an arguable point to caste doubt on the prosecution’s argument.

There are several defenses based on victimization available. The XYY chromosome, media intoxication, black rage, and battered spouse syndrome. The XYY chromosome defense states that a male with an extra Y chromosome cannot be held accountable for aggressive actions taken against others because of the extra testosterone the offender possesses. Media intoxication seems to be a constant defense for juveniles that commit adult crimes such as murders and robberies. Media intoxication is a defense that says the actions of the defendant is...

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