Assignment 5 Corrections and Victims’ Rights
The Crime Victims’ Rights Act (CVRA) reckons the privileges given to crime victims in regard to federal based situations. Based on this Act the Victims are linked with the following constitutional privileges (Beloof, 2012). To begin with is the protection right from defendant since in most instances the defendant might feel the need to revenge on intimidating them to withdraw the lawsuits (Beloof, 2012). , comprehensive and when timed compensations based on what the law provides as payment to the incurred losses or damages should also be given. The payment might be associated with losses such as property damage, low salary and so on (Beloof, 2012). The victims are also entitled to the right to information that is necessary in order for the rights to be exercised fully and also to ensure, resources as well as services that might help in the defense. Also, the right to quick trials is also accounted (Beloof, 2012).
The right to participation in court proceeding equals to the right to the consistent provision of information in regard to the proceedings (Prenzler, 2009). In that, all the victims are entitled to the reasonable privilege of being given the chance to raise their views in trials (Davis, 2009). The participation is very crucial since it is the opportunity through which they can adequately defend their claim (Beloof, 2012). In that without defense then the case will not be fair since the defendant will have to be released for the lack of adequate proof in regard to the crimes that they conducted. On the other side, the victim is also entitled to the acquisition of announcements of events in regard to the important stages of the proceedings to ensure that they follow. Despite the fact that laws regarding the state might differ, most states believe that the victims should acquire information in regard to any postponement, proceeding, bail, dismissal, sentencing, discharge or judgment (Beloof, 2012). The general notification of the progress of the trial as well as the participation opportunity are almost equal and one cannot be effective without the other. One cannot adequately participate if they are not adequately informed in regard to progress based on the lack of idea on what might have occurred or their role (Prenzler, 2009). Therefore they should be informed first which is followed by their participation in order to offer an adequate defense to their claims.
In that, most authorities give the privilege that avoids any unrealistic postponement to ensure that their operations are not affected in any way (Davis, 2009). This is achieved through limiting the consistent trials proceedings postponements. It is required that the court should assess the effects of the proceedings postponement particularly on the victim Davis, 2009). Also, they are entitled to the right of acquiring treatment that is characterized by respect, caution, and appreciation. This offers them with the confidence to offer description to the event without fear and such descriptions can be utilized in decision making.
An impact statement that is given by the victim’s offers provision for the committed criminality that helps in making more informed decision based on the assessment of the cases. This statement can incorporate the monetary, psychological, bodily or even cognitive effects that were acquired due to the claimed crime (Davis, 2009). This information is associated with high value since a large number of judges will tend to utilize the information in determining sentences. On the other hand the parole committees can utilize the given information to determine whether the crime had severe effects and whether based on the effects the defender should be sentenced to parole supervision and if so the general terms that should be applied to guard the wellness of the victim and that of the offender (Davis, 2009). It cannot therefore, be denied that the statement adds value and also leads to satisfaction since the case is judged based on facts which helps in recovering easily and making the most suitable decision in regard to punishment. This trend has proved its efficiency in a number of events which helps to understand the situation and put the sentence on the offender.
Our Job Is Not To Punish
The principle of correctional facilities is described as the ethical approach and expertise behavior (Konrad, Völlm & Weisstub, n.d.). In that, the role of the staffs is not only to subject punishment but also to uphold ethical and professional standards that encourages change.
Legal Liability Issues
In general following and obeying the law for the correctional officers is crucial. They, therefore, have a lawful obligation to adhere and thus any conflict should be eliminated since all their operations should be guided by the constitution. They should thus act with ethics and professionalism (Konrad, Völlm & Weisstub, n.d.).
The Rules Don’t Apply
It is the responsibility of the correctional staffs to examine and project the general effects in regard to certain actions and create programs that fit this needs (Konrad, Völlm & Weisstub, n.d.). Creating them might necessitate extensive requirements and processes and if need permits the processes might be ignored.
The two primary strategies that can be utilized in ensuring that all correctional staffs adhere to the ethical code are knowledge provision and professional conduct policy setting (Davis, 2009). In that, the institution should mainly focus on providing the staffs with adequate knowledge and training in regard to the significance of ethical behaviors. In order to assess them, the policy should be set to limit those with negative intentions as well as penalize those that are found guilty of the violation. This can also be utilized as a reference in case certain issues that require ethical guidance occurs (Davis, 2009).
Victims similar to other individuals need to be guarded against anything that might affect their wellness in general (Davis, 2009). The legal system provides highlights on their rights that should be guarded to ensure that justice is asserted. Victims were highly forgotten in the previous decades but they have grown to be one of the essential aspects of the modern system of justice. During the legal proceeding, it is highly significant for the victims to be given a chance to offer an adequate defense to their claims in general. Having a chance to raise their opinions helps in asserting the effectiveness of the system (Davis, 2009). In that justice only works where the general rights of everyone are accounted and every individual is offered the opportunity to fully defend themselves. In that, the presence of the victim helps in offering proof which might not be acquired if they are denied the opportunity. This statement is utilized in judgment and assessing their vulnerability as well as the general risk that might be acquired if the offender is not punished. In other words having a say in the system helps in promoting justice in general.
References
Beloof, D. E. (2012). Victims' rights: A documentary and reference guide. Santa Barbara, CA: Greenwood.
Davis, R. C. (2009). Securing rights for victims: A process evaluation of the National Crime Victim Law Institute's victims' rights clinics. Santa Monica, Calif: RAND.
Konrad, N., Völlm, B., & Weisstub, D. N. (n.d.). Ethical Issues in Prison Psychiatry [recurso electrónico].
Prenzler, T. (2009). Ethics and accountability in criminal justice: Towards a universal standard. Bowen Hills, Qld: Australian Academic Press.