Crime Victim Provisions: An analysis

Crime Victim Provisions An analytic thinkingCritically explore the necessitate of dupes of hatred and the services currently provided for them. include reference to the demands of the dupe movement and the limitations of the current criminal thoice musical arrangement.The new-made years in the UK and throughout the world has seen the importance and influence of benignant rights growing. This has had an rear on the law as a whole, provided instead of the good of society being sheltered by statute and joint law the individual has come to the forefront, i.e. an individuals rights can non be derogated unless a set measuring stick is followed. at that placefore this focus on the individual has not only condition stricter rules for the courts and police to follow in respect to suspected and convicted criminals, it has also position an emphasis on the individual victim and the resources, after-c ar and support, as vigorous the effect on sentencing in respect to criminal cases and insurance or compensation in respect to civil cases.The new-made rise of the reference of victims in the cruel justness brass is highly important, which go forth be set in the discussion of soda water evaluator. The role model for incorporating the victim providing restitution and their of necessity can be seen in Australia within Victorian roughshod rightness System. Therefore this case study is not going to explore not the medical help that victims necessitate and which pose been procured, further their hunt club for evaluator and restitution and compare it to the UKs approach to the victim in the Criminal evaluator System.It is here that the victims rights groups are calling for legal expert, as seen in the recent Home Office Survey of Victims Rights Groups wishes, i.e. a true role for the victim in the Justice system, especially Criminal JusticeTo genuinely fall the needfully of victims, the social rights referred to in the paper The social rights of victims of crime should be included in the new Charter, clearly identifying the agencies responsible for delivering them.Restorative Justice This is the most modern reasoning for sentencing and balances the various elements of the sentencing, such as the victims ineluctably, the replacement of the offender, interests of protecting society. It could be adapted to include cosmos belief, provided in the interests of justice it would need to be in strained public sagaciousness beca engross the possibility is Rawlsian in nature, which results in a theory from the standpoint of justice. Rawls in his thesis for engendering equality states that justice is the prime basis of all government and to warrant justice, the access to justice for all is the obvious means and end to check justice is fulfilled therefore in the Criminal Justice system this would include the access to justice for the offender, the victim, and the rights for the public to voice their opinion on sentencing of a convicted criminal. Rawls theory is based on a few refer ideas, which are the rights and duties of government/institution of society and the burdens and benefits of citizens co-operating. Rawls bases his theory on distributive justice, where inequalities are restrained by the greatest benefit of least advantaged and distributively person has the condition of fair equality of opportunity.Therefore Rawls would allow for restorative justice but retribution would be below the belt, earlier aims to rehabilitate and indemnification the perpetrator to society would be appropriate, i.e. in order for the perpetrator to chastise society because if the perpetrator is rehabilitated and educated then society will be benefited. Rawls would argue that there is a role for the victim in the sentencing effect and for public opinion as long as the perpetrator is not subject to hatred, prejudice and vengeance that would be the fear if public opinion was allowed to take over the proceedings. Ra ther Rawls would argue there needs to be a balance surrounded by the rights of the perpetrator, the publics opinion and its protection and the victims access to justice. There still needs to be the rule of law and objectivity but within the realms of these new considerations. It is possible that the perfect model the Victorian Sentencing consultative Council has met these obstacles and pass waterd a system that allows an appropriate mixture of these elements.Victorian Sentencing The Victim consumption in the Criminal Justice System The VSAC was set up to tally that there was just sentencing as well as allowing for the victim to shake off a sufficient statutory role in the sentencing procedure. This follows ensuring that the victim plays a proper role in respect to the criminal justice system. in time in order for there not to be retributive and vengeance sentencing and in order to stop tainting of the trial before the judgment the role of the victim is closely monitored. Sec tion 5 of the Sentencing Act 1991 ensuresJust penalty to punish the offender to an extent and in a manner which is just in all of the circumstances Specific and general warnrence to deter the offender or other persons from committing offences of the same or a mistakable character Rehabilitation to establish conditions within which it is considered by the court that the renewal of the offender may be facilitated Denunciation to denounce the type of consider engaged in by the offender Community protection to protect the community from the offender or a combination of two or more(prenominal) of the above purposes.Therefore this limits the role of the victim and ensures that the defendants rights and the victims rights and community views are balanced. It also allows for informed public opinion to be taken into chronicle in the sentencing procedure. This sentencing procedure takes the views of victims and the public in to account through a thoroughly monitored manner, rather than allowing the press to have a field day and public outcry. The Victorian sentencing procedure allows for the victims views to be taken in the form of an impact statement and this only occurs if the defendant is found guilty, i.e. this system does not allow such views to taint the defendants right to a fair hearing. In addition sentencing is gauged against informed public opinion rather than the outcry of the unschooled or the enraged so that there is a rounder cause on the effects of the crime on the society and the individual.The British procession to Victims The government has always been on the side of the victim it takes on his or her case and seeks to punish the perpetrator but it has no always through with(p) so with enough rigour or sensitivity of their needs.capital of Montana Kennedy focuses on the business with the Criminal Justice System in the UK in respect to the escape of acknowledgment for the victim. In many ways the system is cold to the victim it forge ts there is more than retributive justice. The England and Wales Sentencing Advisory Council is made up of settle and academics, there is no real voice for the victim as in Australia. The only impact statements by the victim are those taken by the police and prosecution, when the victim is in a highly stressful situation. It pervading tillage of the UKs system is that a conviction will satisfy the needs of the victim this is not the case as the VSAC has seen. In many cases the victim needs to know why the crime happened and have the ability to talk the perpetrator.to a fault this is a method that can help the perpetrator acknowledge the distress done and hopefully rehabilitate the offender, especially in the youth justice system. The UK system has recognized this and in has instituted this as an alternative to imprisonment in the Youth Justice and Criminal Evidence Act 1999. The key is the use of restorative justice, the approach taken in Australia, which is showing and reconci liation the needs of the perpetrator and the victim. The problem in the UK is that on some levels it recognizes the need for this balance, but on others especially in the recent wakes of the terrorist attacks to forget about justice and civil liberties in order to have to power to punish anyone who may be a threat. It has followed the media frenzy of the US and forgotten about justice. The victim no longer figures in such approaches but the needs of the state. In order to satisfy the victims needs there needs to be an inclusive role, such as answers, apologies, informing the offender of the impact of their crimes on exculpated people, crime prevention and restitution.This is harder in respect to serious crimes, but sometimes the reasons for the actions of the perpetrator not only help the victim to reconcile their experiences but it also ensures that the government understands the reasoning for certain crimes and make the perpetrator understand the impact of their crimes. Therefore the role of the victim in the Criminal Justice System is more than just attending a court populate but can play a role in intellectual and preventing crime. The VSAC has understood this problem and has introduced impact statements, as well as more diverse advisory panel and the influence of informed public opinion rather than the pick n mix that the UKs government is taking whenever it suits the needs of the state. This approach was verbalized by John Major during his leadership as condemn more and understand less but as capital of Montana Kennedy argues the victims of crime, their desire is often to understand why a criminal acted as they did.Conclusion The objective approach that the VSAC makes it very hard for the press to create slime eels hunts and put pressure on the court to impose an unjust sentence in favour of perceived public opinion rather the specific victims of the crime are taken into account. This objective approach halts and the fears that the courts will become a place for the media based witch hunts are halt and justice for the victim is considered at the same time as balancing the justice for the defendant. This creates a unique approach to criminal justice and possibly a way forward for ensuring that victims do gain a voice, without the witch hunts that have been seen recently in the US, especially those held in Guatanamo Bay.Also the UK system which is on the brink of following the US should heed the fears of those in the UK justice system against the media/witch hunt approach and follow the approach the VSAC and subsequent jurisdictions in Australia have taken, which is to balance the criminal justice between the public opinion, the victim and the defendent in an objective manner as Justice Badgery-Parker states The need which the criminal justice system exists to fulfil is the need to interpose between the victim and the criminal an objective instrumentality which, while recognising the seriousness of the crime from the victims po int of view and, in the case of murder, the magnitude of the loss which the victims family and friends have sustained, attempts to serve a range of community interests which include but go beyond notions merely of retribution.In order to do this there needs to be easy access to forums and practioners from the Criminal Justice system in order to stress the different reasoning behind sentencing procedures, as well as Victims AND Offenders rights groups in the UK.Bibliography R G Fox, 1995, Victorian Criminal summons State and Federal Monash Law Book Co-operativeFreiberg, 2001,Sentencing Options, Sentencing survey 2001Discussion PaperFreiberg, 2002, Pathways to Justice Sentencing Review 2002 Discussion PaperGraycar Morgan, 2005, Law Reform Whats in it for Women, Windsor annual on Access to Justice Volume 23Home Office, 2001, Review of the Victims Charter Summary of Responses can be found at http//www.homeoffice.gov.uk/docs/vcreviewvictims.htmlHelena Kennedy, 2004, Just Law, Vintag e BooksJohn Rawls, The Theory of Justice (Oxford University Press, Oxford, 1971)Rawls J., Justice as candidness a restatement, (E. Kelly Ed) (2001, Cambridge Mass, Harvard University press)Ridge, M. 2003 Giving the dead their due Ethics 114 38-59.Sentencing Advisory Council, active Sentencing Principles and Purposes, can be found at http//www.sentencingcouncil.vic.gov.au/CA256F82000D281D/page/About+Sentencing?OpenDocument1=20-About+Sentencing2=3=