Victims and Crime Evaluation
In a civilized society, citizens must be protected against any form of criminal victimization. The criminal justice system is the one entrusted with the primary task of ensuring that innocent citizens are kept safe from those who would want to harm them in the United States. The system is composed of several components. There requires an appropriate balancing of rights, roles, as well as the responsibilities of all the participants to ensure the effectiveness of the system.
In the system, the prosecutor plays three major roles. Firstly, investigating crime; this is accomplished through working with the police, and the prosecutor maintains contact with the suspect, victim, as well as the witnesses. Secondly, decide whether or not to start legal proceedings; this is after the completion of preliminary investigations. If the suspect pleads guilty of a minor crime, the prosecutor can give an order of summary punishment, and there would not be a need for a trial. However, if the evidence is sufficient, they can proceed to court. Thirdly, appearing in court, the prosecutor appears in a court of law with a duty to prove the guiltiness of the suspect. He or she questions the suspected criminal, witness, as well as the experts to establish the commission of a crime by the suspect.
The defense attorney plays several roles in the system. Defense counsel defends the constitutional rights of their clients, and consequently, the constitution’s integrity. Additionally, carrying out independent investigations of the case to unravel facts either unknown or revealed by the side of the prosecution, for instance, client’s rights violation by law enforcement, or possible inconsistencies in the witnesses’ statements, forensic, among other pieces of evidence. Also, the defense counsel engages in trial preparation whereby they prepare the defendant for defense, witnesses that are part of the defense, or prosecution witnesses’ cross-examination. Furthermore, they object any attempt by the prosecution to bring in evidence via witness testimony or other means. Lastly, they introduce evidence that disproves the prosecution’s case.
The defendant has some roles to play in the system. Plea agreements decision; the suspect chooses to on whether to either accept or decline a plea agreement that has been put forward by the prosecutor. Secondly, providing evidence; the defendant has an option to put on evidence to prove his or her innocence. Thirdly, testifying; the defendants agree with their attorney on whether to testify or not. Finally, appealing; when a case is lost, the defendant can appeal the ruling in a higher court if their counsel identifies chances of winning the case.
The victim has some roles to play in the system. Firstly, reporting; a victim has the responsibility of reporting the crime to the concerned authority, for this is the first step in the criminal justice system journey. Secondly, witnessing; being a prosecution’s witness is the traditional responsibility of a victim. Thirdly, making victim impact statements; this allows the victim to address the court in the decision-making process, thus personalizing the crime and elevating the victim’s status.
Victimization in the criminal justice system can be of two forms; personal or property victimization. A victimized prosecutor is likely to withdraw his services. Similarly, a victimized defense attorney can choose to pull out of a case. A criminal may be maltreated or be threatened with destruction of his property or family attack, and this could be aimed at making him or her plead guilty, and they may end up yielding to pressure. The victim may be threatened to drop the charges, and this is likely to happen.
Sentencing has several goals, which include; retribution, deterrence, rehabilitation, as well as incapacitation. According to the American Bar Association (2016), in sentencing, the prosecutor aims at ensuring that the severity of the sentences does not become the measure of his or her effectiveness. The prosecutor’s objective is to ensure the perpetrator is punished, for instance, by being incapacitated. At sentencing, the defense attorney’s goal is dispositional alternatives’ investigations, thus ensuring that the defendant gets a fair punishment if not an acquittal. The criminal has to comply with the court decision, for example, retribution. The victim aims at seeing the criminal being deterred from repeating such crime and or restitution.
Alternative sanctions are meant for petty offenders, and they help reduce congestions in prisons. Additionally, the penalties, for instance, house arrest, save taxpayers money, for the jails do not bear the cost of living of the offender. Also, it helps juvenile offenders gain essential skills and learn vital lessons, and thus become rehabilitated. Furthermore, an alternative sanction like work release helps the inmate not only to save money but also become re-integrated into the society in preparation for the complete release. Also, community service and house arrest ensure families keep together, and the offender still plays his role in the family.
The United States has different states that have varying rights as well as laws. Instead, the states should have uniformity of rights and regulations so that no victim would feel that they have lesser rights than others in the same country. More needs to be done concerning victim-offender mediation; more programs need to be rolled out throughout the country.
In conclusion, the criminal justice system plays a vital role in protecting innocent citizens from criminals. Alternative sanctions to traditional punishments are essential in correcting the offenders. More needs to continue been done mainly in the implementation of the rights that exist only in paper.
References (Centered and not capitalized)