Victim Compensation Pros And Cons

Tort reform has influence not only on the court and victims, but also on clinicians and medical field. Many health providers and clinicians are in favor of the tort reform (Santiago, 2016). The tort reform make clinicians have no full responsibilities to compensate for the malpractice, and they will not need pay for the cost. However, this is not mean that it is unfair to patients. For big medical treatments, such as surgeries, patients’ families usually need to sign a contract for possible medical risks that might happen. This is also a protection to doctors.

The film Dear Zachary, directed by Kurt Kuenne, makes an argument in response to a very specific situation: the murder of Kuenne’s best friend Andrew Bagby and Bagby’s son Zachary, both killed by Andrew’s ex-girlfriend Shirley Turner. Kuenne argues that bail should be denied to anybody accused of a serious crime who also has custody of a child. While this argument is reasonable, it only provides a solution for very narrow circumstances. For the greater protection of society as a whole, an expanded version of Kuenne’s stance on bail laws is necessary. Bail should be denied not only to people accused of a serious crime who have custody of a child, but also to anybody suspect of a violent crime.

For most people, only the person involved in the encounter are labeled as victims. The pain comes in from the view of one who feels the full effects of the ordeal. However, there is more to the scope of victims than the person directly involved in the crime. Debra narrates how much her family participates in events following up her kidnap and her husband’s murder. Family members would like to see the perpetrator get the death penalty. This is not because they would like to support a family member, but because they feel an extent of pain from Debra's

The main issue in this case is whether the State of Florida violated procedural due process by depriving individuals of their basic constitutional rights by not allowing marriage of shorted individuals.

There have been arguments over the stressing about the personal accountability focus on the notions of the victim facilitation, precipitation, and the provocation. All of these are considered blameworthy behaviors that have derived from a broader of those that is a shared responsibility. Each of these concepts has been described in a specific, identifiable, and of the undesirable actions that have been taken by any certain individuals that are immediately just before they are harmed. Provocation is one of the charges that are the most charges that can be "leveled at an injured party," facilitation is the least of the serious charges. With these three terms that have been used and that are somewhat loosely and that are inconsistently by the

Prior to analysing the applicability of the restorative justice approach vis-à-vis sexual violence or gendered harms, it is pertinent to understand that sexual violence is a serious breach of trust and often a relationship betrayal. In the context of India, the offence of sexual violence may comprise of sexual harassment of women, use of criminal force to women with the intent to outrage her modesty or with the intent to disrobe, stalking, voyeurism and rape. The survivors and offenders of sexual violence suffer from discriminating feelings of humiliation and stigma as a result of the responses from their surroundings. While on one hand, the survivors are not readily accepted by the society and there is a propagation of indignity and stigma

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

The first point of criticism against victim participation in restorative justice processes arises from scepticism about an apology to the victim as a way of dealing with criminal matters. The perception sometimes exists as to it simply being a way to get away with the crime.106 Members of the public should thus be educated to understand that restorative justice is more than a mere saying sorry, but in the context of victim offender mediation or family group conferences it rather affords the victim the opportunity to confront the child offender with the real and human cost of his or her criminal actions. Another concern deals with the possible secondary victimisation of the victim in the case where the offender pretends

Today our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30). This reflection paper will first address the advantages of using retributive justice approach in three court-cases. Second, it will discuss the disadvantages of using retributive justice approaches by analyzing the three court-cases listed above. Third, it will elaborate on ways that the system could have used restorative justice processes in the cases, as well as present potential outcomes that could have been reached if restoration justice was taken into consideration.

In this paper, I will be comparing two similar cases of serial killers, for example, how was their own early life, the method the murder was committed, and their response towards the crime. First of all, these two individuals have a similar type of child abuse in their early years that might have triggered something sooner or later in years. There’s a time difference between these two individual when they committed the crime. Secondly, the method in killing their victims which is by, strangulation. The final reason would be their own reaction after conviction was no remorse. Both of these cases have a similar early life, the method the murder was committed, and their respond towards the crime.

In the case of Tara Brown’s murder, various groups of individuals are affected. As well as maintaining principles of fair punishment and deterrence, the criminal justice system has to consider perceptions of the victim’s family (secondary victim), the community’s demand for crime prevention, and the offender’s rights to a fair court hearing. The most likely outcome is imprisonment for Lionel John Patea due to committing an indictable offence. It is important to note that if this was only a case of domestic abuse without murder, it would utilise more time, effort and expenses to come to a resolution. This is due to the different circumstances and degree of abuse that the judge has to assess. Offenders of murder have to face at least 30 years

The question about the federal government that I address in this assignment is about the citizens’ rights that the Fifth Amendment to the United States’ Constitution contains, along with the Miranda rights. Based on what we discussed in Chapter 4, the Fifth Amendment includes the right that protects the American citizens from self-incrimination in the event of an accusation. In that regard, the right, together with the Miranda right that gives citizens the right to clamp up provides immunity for the involved citizen against police interrogation that could culminate in forced and unfair self-incrimination. Even so, the current system of law enforcement is such that police officers can ask the accused any question they want without informing

In 1976 Nova was formed and it is the oldest national victim assistance organization and is largely well known within the U.S. This organization is a private, charitable and non- profit organization. Its main function is to have compassion with the victims and be respectful to one another. The Victims’ Rights fought hard to get these rights to become a law. One of the biggest turn around was when President Clinton spoke about it in his speech on June 25th, 1996. Within his speech, he wrote: (Wallace; Roberson 15)

Batley (2005) stated that restorative justice is about restoring, healing and re- integrating victims, offenders, as well as the society and also preventing further harm. In this assignment, I will be discussing approaches to restorative justice and illustrating their advantages and disadvantages to offending. I will also provide the applications of these five approaches of restorative justice which are retributive approach, utilitarian deterrence approach, rehabilitation approach, restitution approach and restorative approach in the given case study. I will then explain my preferred approach to justice through identifying a personal belief or value that underpins my choice.

For many decades, the victim was the forgotten party in the criminal justice system as the main focus was that the perpetrator of a crime should be punished. But the victims of crimes stand poised equally in the scales of justice as the victim is not a passive object but an active component of the whole judicial process. 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. The gradual shift in the approach of the Supreme Court is a positive sign but other organs i.e. the government and the legislature have to make conscious efforts to consider the rights of the victims.