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- Why doesn't the Constitution protect victims as well as
criminals?
- Are there any laws protecting the victims of crime?
- What is being done to give victims more say in criminal trials?
The function of the criminal justice system is to punish criminal
behavior by the arrest, prosecution, and sentencing of those who
violate the law. However, because we live in a free society, the
system must be appropriately balanced between the power of the
government and the rights of the individual. Therefore, the primary
focus of the system has been to protect the rights of the criminally
accused. The United States Constitution guarantees certain rights to a
person accused of a crime, including the right to a trial by jury in
open court, the right to be represented by a lawyer and the right to
be free of cruel and unusual punishments. Other rights are applicable
to all people, but mostly affect those singled out for criminal
investigation, like the prohibition against unreasonable search and
seizure.
Over the years this emphasis on the rights of the accused has led
some people to conclude that criminal offenders are treated better by
the system than are the victims of crime. In a typical scenario, the
police seem more interested in getting information about the criminal
and the crime than taking care of a crime victim. The prosecutor seems
more interested in building his case against the accused than in
alleviating the crime victim's suffering or fear of testifying. The
victim is almost peripheral to the main action and is often uninformed
and not consulted when major events take place in the case.
In recent years, a growing victims' rights movement has led to the
implementation of a variety of measures to correct this perceived
imbalance in the criminal justice system. In 1982, Congress passed the
Victims and Witness Protection Act which makes it a crime to
intimidate a witness or retaliate against a person who testifies or
provides evidence to the prosecution. In addition, the act allows a
prosecutor to bring a proceeding for a restraining order to protect
the victim, thereby alleviating the need of the victim to hire a
private attorney to secure a protective order if one is
needed. A
person convicted of retaliation faces a ten-year sentence that can be
increased to twenty years for attempted murder of the victim or death
if the victim is killed.
Many state and federal laws require a criminal offender to make
restitution to the victim, and the court will order restitution when
the offender is sentenced. The offender is ordered to pay the victim a
sum of money designed to compensate the victim for the monetary costs
of the crime such as medical bills, destroyed property, and lost
wages.
Sentencing schemes have also been revised to include a time and
place for victims of crime and their families to address the court.
The victim or family members are given a chance at the sentencing
hearing to tell the judge in writing or in person how they have been
affected by the crime and their opinion as to a legitimate sentence.
Victim-offender mediation programs focus on the need for a victim and
victimizer to meet face-to-face and discuss the crime. Participation
is voluntary for both victim and offender and the goal of the program
is to arrive at an agreement on how the offender can redress the harm
he or she caused.
Other measures that address the concerns of crime victims include
the use of victim advocates. Sometimes the advocates are funded by the
prosecutor's office and sometimes they are part of the court system.
Their function is to assist victims in all aspects of the criminal
proceeding. The advocates should keep the victim informed about the
progress of the case and explain the basics of the procedure. Victim
advocates may also assist battered spouses in getting restraining
orders against their abusers and inform them of community resources.
Finally, the system is doing more to notify and protect victims of
crime when the offender is released from jail. Laws such as Megan's
Law in New Jersey have been passed in many jurisdictions. Megan's Law
requires certain convicted sex offenders to register with the police
in the neighborhood where they live and requires the police to notify
members of the public about the presence of the offender. Domestic
abuse statutes often require the government to notify the victim
whenever the offender is released from jail, even during the pre-trial
period
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