Victim Participation in the Criminal Justice Process
Other People Are Reading
-
The Victim Impact Statement
-
In the United States, one of the ways for a victim to participate in the criminal justice process is through a "victim impact statement." A victim impact statement is "written or oral information about the impact of the crime on the victim and the victim's family," according to The National Center for Victim's of Crime.
Victim impact statements allow the court to defer attention away from the process side of the proceedings to the human side of the crime by focusing on the harm done to the victim as well as their families.
Who Allows Victim Impact Statements?
-
Every state in our Union allows the use of these written documents, and most states allow the victim to be heard orally as well, according to The National Center for Victim's of Crime. At the federal level, victims of sexual assault and other violent crimes shave had the ability to address the court orally at the time of the defendant's sentencing since enacting the Federal Crime Act of 1994. These victim impact statements extend to juveniles as well, and are the result of enactment of the Child Protection Act of 1990.
-
Victim Participation in Criminal Investigations
-
One of the most important aspects of the criminal justice system is the investigations carried out by the professionals. Detectives, police, and forensic specialists work together to establish the facts of the crime committed, and in developing suspects.
Crucial to these investigations are the victim, or victims of the crime. Since these are the complainants who sometimes actually notify police that a crime was committed against their person, or property. Detectives, and forensic criminologists work with the victims to gather evidence, and could encompass DNA samples, eyewitness statements, or fingerprint gathering at the scene of the crime. Prosecutors also work with victims to establish a chain of events, and what testimony will be given in the case of a trial.
How are Statements Entered in the Courts?
-
Victim impact statements are usually taken at the time of the defendant's sentencing hearing. The victim is allowed to address the court orally before sentence is imposed. These statements speak about the impact that the defendant's behavior had on the victim, as well as some kind of recommendation for prison or probationary time.
In addition, victim impact statements are now included in the defendant's pre-sentence investigation report. This document is used by the court to get a detailed picture of the defendants current crime, his criminal history, background information on medical and psychological problems, as well as a recommendation by the probation department for a sentence to be imposed.
Victim Participation in the Court Process
-
Aside from addressing the courts at a defendant's sentencing hearing either orally, or in writing, victims of a crime will usually be called to testify in a trial if there is no guilty plea by the accused beforehand. In that case, the victim may be called to court several times for the many court dates that usually ensue in a criminal proceeding. Other than that, the victims can be heard via the victim impact statement. It should also be noted that in the case of a murder, or loss of life crime, the victim's family can provide the victim impact statement.
-
References
Resources
- Photo Credit Wikimedia Commons/Public Domain
