The victim is not required to testify, except in some cases, or provide any further information in order for prosecution to continue. In situations where the victim does not want to participate, prosecutors may simply use factual evidence and witness testimony in order to get a conviction (Corsilles, 1994). However, in other cases where there is not enough evidence, victims may have to be subpoenaed in order to provide the courts with enough information for the prosecution to continue with the charges. The final treatment of cases under this policy regards the option of dropping a case. Although not common, there are some cases in which the victim and the aggressor choose to come to terms and the victim wants the charges to be dropped.
According to Alkon (2014:12): Plea bargaining is based on informal negotiations. For plea bargaining to function, prosecutors need to have the discretion to decide when to offer plea bargains and what the offer should include. This can lead to different legal outcomes for otherwise similarly situated defendants. Some variation in sentencing is inevitable, even where all parties have followed the law and acted in good faith in negotiating pleas. However, plea bargaining can be used to cover disparate sentencing due to systemic problems like political interference in the legal system or corruption.
The victim deserves similar level of protection and attention from the court like that of an accused i.e. a victim 's interests need to be balanced vis-à-vis that of accused. Victims of crime go through mental and physical trauma and suffer throughout their lives , as there place in the society changes. A victim is certainly entitled to reparation, restitution and safeguards of his rights and criminal justice would look hollow if justice is not done to the victim of the crime. In recent years, the Legislature and the judiciary have taken gradual steps to develop the necessary principles by which appropriate compensation could be paid to the victims of crimes.
By helping to make this a law, you can help them get the facts right. You can help save others who might fall victim as well. Having police wear cameras can help everyone. It can help police by either falsely accusing them of police brutality. It can put an end to accusers playing victim so they can get out of something they did wrong.
Restorative justice often focuses on how the community can be made to feel comfortable accepting the offender back into society and works to achieve meaningful reintegration; this is a sharp contrast from retributive justice, which can make it extremely ostracizing for an ex-offender to reenter society. The model also encourages—or even mandates—offenders to repay the community for the crime committed, thus forging a path for reentry (Karmen, 2015). The increased communication channels between victim and perpetrator in a restorative justice setting allow for the parties to discuss the issues that may have led to the crime’s occurrence (Karmen, 2015). Additionally, the victim and perpetrator may also ask one another questions, a process which may lead to a better personal understanding and, eventually,
The basis of criminal defense and prosecution is often formed by eyewitness testimonies. If these testimonies are inaccurate it could lead to a wrongly formed criminal defense and prosecution. According to Loftus, “It is clearly of concern to the law, to police and insurance investigators, and to others to know something about the completeness, accuracy, and malleability of such memories." It is important to study the memory of an eyewitness because for the defense, prosecution, police, insurance investigators, and people involved in the crime or accident it is crucial to have accurate and reliable information. I do not think the Loftus studies supports the use of eyewitness testimony as evidence because an eyewitness testimony is inaccurate.
It gives the accused the right to have an attorney present while being questioned. This amendment also allows for an attorney to be appointed for those who cannot afford one. Under this amendment, the accused must know the charges against them and the exact place the trial will be held. In my opinion, the right to counsel is the most important part of this amendment. Miranda’s rights is an example of how the fifth and sixth amendments changed criminal law.
2. People's Memory is Corruptible and Inaccurate Study shows that when false facts are introduced to a person's memory, that person tend to have difficulty recalling what actually happened, and may even recall false or corrupted memories and believe them to be true. Also, the longer the event has happened, the harder it is for someone to recall it. In the case of a victim being the eyewitness, his or her injury, the weather condition and other external factors can blur their memory enough to make it inaccurate, and yet remains submissible to court. 3.
Victims can be direct or indirect, meaning that they could be directly impacted by the crime or they could be the family member or close friend of the direct victim of the crime. The role of Victim Advocates is to be a place of support for victims and help alleviate the mental, physical, and emotional stress that follows a traumatic event in the victim’s life. Advocates aim to inform and educate the victims about their rights and programs, such as counseling and organizations, to help deal with the stress of the crime ("What is a victim advocate," n.d.). Advocates are the extra support system that victims need in order to try to continue life normally and get all of their
What is important may be invisible to the eyes, and sometimes are relative to the beholder. Investigation shows that our visual perceptions are prone to corruption, bias, and might even be twisted from the truth. If a juror cannot come to a consensus to all agree to a verdict this may cause the jurors to Dilbert longer meaning when the juror are not unanimous they have to stay until a decision is made this could take away from their family and or work and also can cause or be very stressful at that point it up to each member jury to voice their opinion and convince the other 11 jurors to sway in what they believe in. when disusing there view on the verdict they are using the information given from the trail on how they Perceive the evidence sometimes the same evidence is perceived in different ways at that point each juror brings to the table there views and hope they all come to the same verdict. When a jury has a split decision sometimes the judge will keep them together until all 12 of them have the exact same verdict because they don’t want to have to call it a misfile and start all over again the judge rather have a
Last but not least the most common type of bails bond used surety, Surety bond makes sure you show up to your court dates. There’s also advantages to pre-trail release and cons, pros if you can show the judge you can follow rules while on bond maybe give the defendant less time when they come back to court or get probation. While if you did the opposite the judge would give you a harsher
In closing, both discredited eyewitnesses and jurors can determine and outcome of a trial, resulting in a life changing decision for the person that is accused. Many studies have supported that jurors will vote in a higher rating of guilty when an eye witness is present even if they are discredited. Though it is less in terms of an unrefuted eyewitness in comparison to a discredited eyewitness as our study
There are many issues associated with plea bargaining. The accused could benefit with the possibility of a reduced or combined charges, reduced attorney fees, and the chance of a reduced or shorter sentence that may be imposed by going to trial. Plea bargaining can also give the prosecutors the ability to convict the accused even if they have a weak case and there is question whether or not they can get a conviction. It also will save time and resources necessary for trial. This will apply to defense attorneys as well, they may be unsure of their ability to get an acquittal for their client; however, in some cases the accused many know in his heart that he is innocent and want to go to trial.
Both sides will carefully weigh the strength of their case and decide whether it is prudent to go to trial. The prosecution may also consider the publicity surrounding the case and whether there is public pressure to prosecute that particular defendant to the full extent of the law. The defense will consider the individual defendant’s desire to go to trial and the seriousness of the potential sentence. The Pros of Plea Bargaining For the defendant, the most significant benefit to plea bargaining is to take away the uncertainty of a criminal trial and to avoid the maximum sentence. Society also benefits from plea bargaining since the agreements lessen court congestion and free up prosecutors to handle more cases.
The Shelby County Crime Victims Center (CVC) is an agency designed to help innocent victims of crime and their families and friends. A person victimized in Shelby County by an act of crime such as homicide, family violence, robbery or assault, is eligible for a variety of services. The Crime Victim Center provides a helping hand for those who are working to get their lives back on track. Supports victims who live in Shelby County, as well as victims of crimes that occurred in Shelby County. The Shelby County Crime Victim Center established in 1995.