Wk 6-PP: The Justice System Flashcards
Criminal Justice System
The criminal justice system is system that is centered on offenders and offender’s rights.
Look at the words criminal justice system, where within this does one see the word victim?
When the rights within the criminal justice system focus on the offenders, victims and victim’s rights have been treated less than adequately by the criminal justice system.
Historically
The criminal justice system was a victim justice system. In other words if someone was wronged, it was the responsibility of the victim or the victim’s family to receive compensation for the wrong.
The system was based upon vigilantism and the concept of an “eye for an eye.”
The victim orientation has given way to an offender based system in which the offender now has rights with fewer comparable rights for victims.
At each point throughout the criminal justice system, there are opportunities to provide assistance, services, and accommodations to ease what has been a difficult and trying time for victims– to avoid secondary victimization
Victims deserve rights and services within the criminal justice system from the point of reporting the crime throughout the entire process.
Victim’s Bill of Rights
Approximately 46 states have a Victim’s Bill of Rights.
20 states protect victims rights through constitutional amendments.
Victim’s Bill of Rights is different in each state, but most include:
Information on victims rights and referral services.
Protection from intimidation, harassment, and harm.
Notification about case proceedings and delays.
Participatory rights such as to attend hearings and address concerns.
Rights to confidentiality.
Speedy trial provisions to avoid unnecessary delays.
Prompt return of property.
Restitution.
Compensation payments.
Comprehensive Victim Services
Orientation to the criminal justice system and process.
Assistance to victims/witnesses who must testify.
Crisis intervention.
Information about individual case status and outcome.
Assistance with compensation and restitution.
Facilitating victim participation in the criminal justice system.
Facilitating property return.
Information about and referral to community services.
Education and training for the public, criminal justice system personnel, and other local service providers about the needs/rights of victims in the criminal justice system.
Federal Constitutional Amendment for Victim’s Rights
Victim’s Rights
Notice of public court proceedings.
Attend public court proceedings.
Make statement to court about bail.
To be informed of and participate in hearings.
Notice of defendant status.
Order restitution from offender.
Disposition free from unreasonable delay.
Consideration for the safety of the victim in determining release.
Notice of rights.
Standing to enforce rights.
Reasons for a Federal Constitutional Amendment
Establish a consistent foundation of victim rights at all levels.
Ensure courts engage in a careful and conscientious balancing of rights of victims/defendants.
Guarantee crime victims the opportunity to participate in all proceedings related to the crime.
Enhance victim participation in the criminal justice system.
Federal Victims of Crime Act (VOCA) of 1984
Provides funding for victim assistance, victim compensation, and training and technical assistance for victim service providers across the nation.
VOCA is funded through fines, penalties, and bond forfeitures from convicted federal offenders.
Creates the federal crime victim assistance fund.
Provides assistance to Native American crime victims.
Provides training and technical assistance for all areas of the federal system (including working with military victims).
Provides training for U.S. Attorney Victim-witness coordinators.
Federal Crime Control Act of 1990
Title V: Victims rights and restitution act of 1990
Created a federal crime victims’ bill of rights and codified services that should be available to victims.
Title II: Victims of Child Abuse Act of 1990
Amendments to the federal rules of criminal procedure affecting the treatment of children victims and witnesses.
Allowed for closed–circuit television and videotaped depositions.
Title XXXI: Bankruptcy and Restitution
Protected victims by preventing drunk driving offenders from discharging debts arising from offenses under Chapter 13 of the bankruptcy code.
Federal Crime Victim’s Bill of Rights
Parallels state legislation
Right to be treated with fairness and with respect for the victim’s dignity and privacy.
Right to be reasonably protected from the accused offender.
Right to be notified of court proceedings.
Right to be present at all court proceedings related to the offense.
Right to confer with an attorney.
Right to restitution.
Right to information about conviction, sentencing, imprisonment, and release of the offender
Federal Crime Act (1994)
Notice of payment for testing and counseling for sexually transmitted diseases for sexual assault victims.
Right of domestic violence victims to be heard at a pre-release hearing of the defendant.
Allocution at sentencing for victims of crimes of violence and sexual abuse.
Mandatory restitution for:
Domestic victims
Sexual assault victims
Sexually exploited and other abused children
Telemarketing fraud victims
Expenses for which restitution is required:
Lost income
Necessary child care
Transportation
Expenses related to participation in the investigation/prosecution of the offense.
Attendance at proceedings related to the offense.
Tribal Justice System
There are 550 federally recognized tribes in the United States.
Approximately 168 federally recognized tribes fall within the jurisdiction of 26 separate federal districts (1993).
Approximately, 10,000 serious offenses and 2500 major crimes occur annually.
Indian tribes are considered domestic dependent nations and retain aspects of self government because they predate federal and state governments.
The federal government can retain jurisdiction over certain Native American matters
Major crimes – murder, manslaughter, kidnapping, and incest committed by Native Americans.
Indian country crimes
Crimes committed by one Indian against another person or property of another Indian where the exclusive jurisdiction over such offenses is or may be secured to the Indian tribes.
Whether a person is recognized as an Indian by the tribe or the federal government is determined by
Degree of Indian blood.
Enrollment in a tribe.
One who receives the benefits of tribal affiliation.
Social recognition through living on a reservation and participation in Indian social life.
Office of Victims of Crime has provided assistance to Indian Country since 1988.
Provides a full range of victim assistance: crisis intervention, emergency shelter, mental health counseling, and court advocacy.
Native American victims qualify for state victim compensation.
Military Justice System
Department of Defense (DOD) provides training and technical assistance to improve victims’ rights and services when military personnel are involved in crimes.
DOD directs all agencies and services of the military to be involved in the detection, investigation, or prosecution of crimes.
Victims are to be:
Treated with fairness.
Reasonably protected from the offender.
Present at all public court proceedings related to the offense.
Confer with the attorney for the government in the case.
Receive available restitution.
Be provided information regarding conviction, sentencing, imprisonment, and release of the offender.
Military courts
Only have the ability to court martial active duty military personnel.
Do not have the ability to order restitution or use victim impact statements.
Parole boards and court martial authorities consider making restitution and may consider victim impact statements.
There are Family Advocacy Programs within each branch of the military.
These programs maintain a central registry of reports of child (both in home and out of home care settings such as day care) and spouse abuse.
