How Can Victims’ Rights Be Protected in the Criminal Justice System?

 Posted on May 22, 2023 in Criminal Defense

When a person is accused of a crime, the criminal justice system will often focus on investigating the allegations, pursuing criminal charges, and implementing punishments following a conviction. During a case, the prosecution will attempt to demonstrate the person's guilt, while the defendant will work to prove their innocence or provide information about mitigating circumstances. In the midst of the legal proceedings, the victim or victims of the alleged offense are often overlooked. However, they can often provide important information about a case, and their rights should be respected in matters related to prosecution, sentencing, and post-conviction appeals or requests for relief.

Increased Focus on Crime Victims' Needs and Desires

Due to a number of recent high-profile cases in which victims have spoken out against people who have allegedly committed acts of violence, sexual assault, or abuse, there has been an increased focus on how victims are affected by these issues and how they are treated in criminal cases. In a recent book, Judith Herman, a pioneering psychological researcher who has brought attention to the trauma experienced by victims of crimes such as sexual abuse, looked at the issues that many victims face as they deal with the aftermath of sexual assault, domestic violence, child abuse, and other similar traumatic situations.

Ms. Herman's interviews with victims reveal that they often feel that the criminal justice system has failed them. Traditional methods of "retributive justice," which focus on punishing offenders for crimes, often do not take the desires of victims into account. In many cases, victims are not interested in seeking vengeance against perpetrators, and they are more concerned with addressing the structural issues that allowed a crime to happen in the first place.

Methods of "restorative justice" may seem to be a better solution, since they focus on rehabilitation and reconciliation rather than punishment. However, many victims are unhappy with these methods as well, since interacting with offenders could potentially lead to additional emotional trauma. Ultimately, victims usually prefer to focus on the harm that has been done to them and the actions that can be taken to address their needs and ensure that they will be able to move forward successfully after traumatic experiences.

Protecting Victims' Rights

When prosecuting crimes, establishing sentences following a conviction, and addressing post-conviction issues such as sentence modifications or parole, there are a number of rights that are afforded to crime victims. They have the right to be treated with fairness, dignity, and respect by everyone involved in a case, including police officers and prosecutors. They also have the right to be notified of all court proceedings and to attend the trial. They will be able to communicate with prosecutors and offer insight into the case, and they can also make statements during the sentencing phase of a case or object to plea agreements. They should be notified of post-conviction developments, including parole requests or a prisoner's release. A victim will also have the right to receive restitution for the losses they suffered as a result of the alleged offense.

Contact Our Hartford Criminal Defense Lawyer

While victims' rights should be respected during a criminal case, it is also important to protect the rights of the accused. Those who have been charged with crimes have the right to a fair trial and the right to be represented by an attorney, and they should be presumed innocent until they are proven guilty in a court of law. At Woolf Law Firm, LLC, our Connecticut criminal defense attorney can provide representation for those who have been accused of crimes, ensuring that they will be able to approach the issues involved in a case correctly. We will advocate for solutions that will allow all parties to move forward successfully. Contact our firm at 860-290-8690 to arrange a free consultation and get the legal representation you need as you defend against criminal charges.

Sources:

https://www.newyorker.com/books/page-turner/a-trailblazer-of-trauma-studies-asks-what-victims-really-want

https://www.jud.ct.gov/crimevictim/crime-const-rights.htm

https://law.lclark.edu/live/files/11823-fundamentals-of-victims-rights-a-summary-of-12