Victims Of Crime And Their Involvment In Sentencing Process Flashcards
Who are victims of crime
Persons who have suffered crime (both mental or physical injury), emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within member states, including those laws proscribing criminal abuse of power.
International rights
The UN declaration includes the following minimum rights for victims:
- To be treated with compassion and respect for their dignity
- To access the mechanisms of justice and to prompt redress for the harm suffered
- To procedures that are expeditious, fair, inexpensive and accessible
- To be informed of their rights
- To receive information on their role and the scope timing and progress of proceedings and of the disposition of their cases, especially where serious crimes are involved and they have requested information.
- To allow their views and concerns to be presented and considered at appropriate stages of the proceedings where their personal interests are affected.
LCMID: Recognition of victims in NSW
- After lobbying by victim’s groups, it was recognised that the rights of victims were not being adequately recognised in the Criminal Justice System.
LCMID: legislation
- The situation was addressed to some extent by the introduction of the Victim’s Rights Act 1996 (NSW)
- The Act established a Charter of Rights which held that a victim is a person who, as a direct result of the criminal offence, suffers physical, psychological or emotional harm, or loss of, or damage to property.
- If a victim dies as a consequence, the Charter includes a member of that victim’s immediate family as a victim.
The victim’s charter of rights
The Charter of Victim’s Rights includes requiring that victims will be:
- treated with dignity, compassion, cultural sensitivity and respect;
- given access to welfare, health, counselling and legal assistance responsive to their needs;
- informed of relevant police investigations and court processes;
- protected from contact with the person accused of causing them harm; and
- Entitled to claim compensation for particular injuries suffered as the result of an act of violence.
Victims have the right to be informed of:
- services and remedies available to them
- the withdrawal of charges against the offenders
- the final outcome of proceedings if requested
- special bail conditions designed to protect the victims and their families.
Where they request it and where it would not prejudice the crown’s case, victim’s have a right to be informed of:
- the progress of investigations
- modification of charges
- plea bargains
Witness assistance service
One positive to come out of the Charter of Victim’s Rights was the Witness Assistance Program (WAS)
The WAS consists of non-lawyers such as psychologists, social workers, counsellors and the like that act as an interface between the prosecutors and the victims and witnesses.
However, resources for WAS officers are limited and priority must be given to children and people with intellectual or physical disabilities or special needs.
Victims involvement in criminal trials
Victims can be involved in a criminal trial in the following ways:
- Reporting the crime and assisting the police
- Testifying at the trial or
- Giving a Victim Impact Statement.
Victim impact statements
Victim Impact statement is a voluntary statement by the victim of a crime that explains the harm suffered by the victim.
The statement is only permitted for serious offences involving violence or death or any physical harm to a person, and only if the court considers it appropriate.
They are presented after the offender is found guilty but before sentence is passed.
They can include psychological or medical reports or diagrams and pictures in the case of a child victim.
- The victim (author) is subject to possible cross-examination.
- A VIS may be made available to the offender or the offender’s legal representative, but the offender will not be able to retain a copy of the statement.
- VIS are controversial as they can be largely subjective, yet have a significant impact on sentencing.
- This is particularly the case when the VIS is read by a murder victim’s family. Should a sentence be heavier if a member of one family appears to have been loved more than the member of another?
What are main reasons for a victim impact statement
The main reasons for a victim impact statement include:
- They are useful in cases where the court does not have an opportunity to hear the victim’s testimony, such as when the offender pleads guilty.
- It allows the victim to participate in the process by informing the court how the crime has affected them.
- They give a role to the victim in the CJS and provide psychological benefit, increasing improved cooperation with, and efficiency of, the CJS.
- They may promote the rehabilitation of the offender as they are faced with the harm caused to the victim.
LCMID: Compensation for victims of violent crime
LCMID: legislation
The Victims Rights and Support Act 2013 created theVictims’ Support Scheme, consolidating it with the NSW Civil and Administrative Tribunal.
If you have been injured by an act of violence, or from witnessing or trying to prevent an act of violence, that took place in NSW, you may apply for payments such as;
- Financial assistance for economic loss capped at $30,000;
- financially dependent family members of homicide victims may claim up to $15,000
- non-financially dependent parents of these victims can claim up to $7,500.
- Victims can also gain compensation if they can prove they have suffered chronic psychological or psychiatric disorder
Parents or guardians of children who are injured as a result of learning about the act of violence can also claim compensation.
In 2010 more than $60 million in compensation was paid to victims.
Services for victims
Government:
- victims of crime bureau
- victims services nSW
- attorney- General’s Department
- victim support line
- Court-wise
Non-government:
- enough is enough
- homicide victims support group
- victims of crime assistance league (VOCAL)
- Mission Australia Court Support Services
