Essay delivering justice to the victim

Submitted By chevandgav
Words: 2743
Pages: 11
Open Document
The aim of this assignment is to critically examine the position of the victim and to establish how affective the criminal justice system is in England and wales is in delivering justice for victims of crime. The researcher will look at the role of governmental interests in founding victim focused policies and the route of their engagement, at the centre of the criminal justice system. In order to determine if the position of the victim is at the heart of the criminal justice system the researcher will discuss the nature of the criminal justice system and its connections to the victim as well as looking at historical perspectives of victim roles.
The concept of the criminal justice system is not static and can be constructed depending upon social, religious and moral beliefs. In the UK the purpose of the criminal justice system is to uphold social control, deter and mitigate crime by sanctioning those who violate laws (Davies et all,2005). The criminal justice system is an adversarial system in which is often perceived from a good versus evil perspective or the oppressor against the oppressed Ashworth (1993). The system goals are traditionally based to act justly and protect the innocent. (Zedner, 2004), Each individual agency that works with the criminal justice system has its own specific aims but there are also certain goals that run through the whole system these are; Public protection, Justice and the rule of law, Public order, Punishment, Denunciation, Victim services and public confidence. Agencies prioritise the goals depending upon their place within the system, these may also change with a change in practices and principles. (Home Office, 2005)
“Historically the victim was often described as ‘the forgotten man’ of the criminal justice system”(Shapland et al, 1985: 1). For over two centuries the victim was squeezed out of the adversarial context and had no rights and therefore could not rise to the level of the of the defendant.(Goodey,2005) Many victims of crime found their experiences of the criminal justice system traumatic and this caused huge increases in unreported crime and a general loss of faith in the system, causing victims to be un-cooperative. Recidivism rates continued to rise and people became more aware that the criminal justice system was not serving its correct purpose and failing the individuals it was designed to protect (Zedner,2004). Throughout the 1970’s various victim groups began to form followed by a transformation of the criminal justice system as a whole and crime being controlled with a focus of the victim. (Garland,2001) This move instigated as numerous organisations aimed to restore the criminal justice system's insufficient treatment towards victims of crime.' As the movement matured, these organisations started to promote legislation regarding the plight of the victim. (Cavadino&Dignan,1996) This shift suggests that through policies and legislation the victim has moved from a position of being ignored with the criminal justice process to being what now appears to be the core focus.

Recently there have been a number of positive steps taken by the government towards meeting the needs of the victims. The Youth Justice and Criminal Evidence Act 1999 contains measures to help young and vulnerable witnesses give evidence by using things such as television links so that the victim does not have to come in to contact with the perpetrator. (Victim Support,2003)The execution of these special measures is however fractured and these measures are discretionary no matter what the circumstances they must be applied for through the courts,all agencies have a role to play but situations still arise when the victim arrives at court with no clear knowledge of what protection they are entitled to when giving evidence.(Walkgate,2005) The Protection of Harassment Act 1997 was another positive step and arose from a concern regarding stalking, the act created two criminal offences and granted the
Show More

Related Documents: Essay delivering justice to the victim

Gacaca Essay

correspondents say up to 10,000 people died in prison before they could be brought to justice (BBC). As a result, the Rwandan government established a system of community justice inspired by tradition known as Gacaca in 2001. The Gacaca courts were vital in the rebuilding of Rwandan society. They helped to establish social harmony between Rwandans, helped improve the economy of Rwanda, and helped genocide victims seek fair justice. First and foremost, gacaca courts helped to establish social harmony within…

Words 819 - Pages 4

Essay on Restorative Justice: A New Paradigm or a Complementary Model

To what extent has the theory of restorative justice been integrated into Youth Justice practice in England and Wales? Has this gone far enough? The perception by many involved in the justice system in general, and youth justice in particular, is that the present model of punitive retributive justice, often involving incarceration does not work. Indeed, it may be compounding an already huge social problem. This realisation has lead many to look for alternative systems. At present there is a considerable…

Words 3010 - Pages 13

Salvation Army Research Paper

than 8,500 active officers and staff delivering in excess of 1000 specifically designed social programs across Australia. The Salvation Army helps more than 1 million Australians every year – that's one person every 30 seconds! In a typical week across Australia we provide*: * 100,000 meals for the hungry * 2,000 beds for the homeless * 5,000 to 8,000 food vouchers * 1,000 people with assistance in finding employment * Refuge to 500 victims of abuse * Assistance to 500 people…

Words 502 - Pages 3

Criminal Justice Vs Restorative Justice

that restorative justice has these weaknesses as it is not a panacea. However, to address these weaknesses and move toward a better criminal justice system, I think that restorative justice must be used in conjunction with retributive justice. What has been examined previously indicates that both restorative and retributive justice have strengths and weaknesses in delivering justice. An ideal solution for a more robust criminal justice system would include aspects of both these justice systems. This…

Words 1659 - Pages 7

Sex Offenders In Federal Prisons

offenders in Canadian federal prisons has grown stedily over the last 20 years” (Services Canada, ND). Thus meaning, sex offenders are on the rise so more programs are needed to help the recidivism rate and or offender rate. “The courts are also delivering lengthier sentences for such assaults” (Services Canada, ND), so more programs are needed in federal institutions to help sex offenders so that they won’t reoffend once their sentence is done. The problems sex offenders face in federal institutions…

Words 669 - Pages 3

Essay about Slaves: Caribbean and Port City Slave

Victoria Doyle December 10, 2014 Psychology 101 George Rutledge Personality in Slave Victims & Racists Slaves did not share all of the same experiences. Each has his or her own story to tell. Just as slavery has not been the same throughout the ages, so too does slavery change even within the same time period. Consider how the lives of slaves vary by region, occupation, gender, even by owner. As documented by Olaudah Equiano in his narrative, slaves in England were not treated the same as…

Words 615 - Pages 3

Incarceration In Prisons

in need. Moreover, they can experience a range of problems due to the imprisonment of a relative, such as economic hardship, social stigmatisation and emotional difficulties (Mills 2004), which adds further stress to the person incarcerated. By delivering services to a range of ‘troubled families’, NEPACS improve outcomes for children, reduce the likelihood of intergenerational crime, and, ultimately, lead to the successful resettlement of ex-prisoners (The Howard League for Penal Reform, 2015).…

Words 1119 - Pages 5

Essay on Death and the Maiden Film Critique

screenplay of one woman’s quest for justice in post-dictatorial regime. The reproachful, introspective nature of the original play is resigned in favor of a cookie-cutter portrayal of victim, criminal, and Atticus Finch-like voice of justice. Death and the Maiden crashes in on the listener as Schubert begins the first movement, “Allegro”, with a startling fortissimo. Ariel Dorfman starts the play with the same foreboding ambiguity, revealing reaction without yet delivering the intention. The audience…

Words 2715 - Pages 11

Violence In James Fieser's Capital Punishment

prosecution of each case, this meant it was up to them to investigate the crime, decide if they are guilty or not and then decide how to punish the offender (Gertner). After declaring their independence from the United Kingdom, America could set up a new justice system. America changed their standards to the jury deciding on the verdict while the judge would create the sentence for the crime committed (Adcock). This puts the discretion of sentencing in the hands of an experienced professional rather than…

Words 2012 - Pages 9

Drugs Misuse Act Of 1986 Analysis

Good morning Ladies & Gentlemen, Our justice system is failing our society, and our communities, in the way in which it deals with Drug crime in the state of Queensland. When evaluating this wide-ranging and complex societal issue it is imperative to first analyse the current laws in place in Queensland with regards to drug offences; Current laws are set forth in the ‘Drugs Misuse Act of 1986’. Within this act, part 2 identifies the 3 primary offences with relation to dangerous drugs, those…

Words 857 - Pages 4