Criminal Justice Management

 

 

Abstract
This essay seeks to explore the goals of the Victim /Witness Assistance Program established by the American government to offer psychological, legal, and financial help to victims of crime. This program was created to help victims and witnesses to overcome the tedious and traumatizing court proceedings. Among the goals discussed is the right to protection, privacy, and notification and right to follow and attend all case proceedings involving parole, plea, and sentencing as well as the release of the offenders. Moreover, the paper established rights that are complex and conflicting in delivering justice to victims. Also, some rights were found to be constraining and limiting justice delivery to victims, as some may derail case hearings if fully effected. However, the paper established that the program might be handled well by the office of the prosecutor and other private organizations, contrary to what the current department of justice is doing. This was established since these two units work hand in hand with victims in executing cases and protecting and availing victims to the courtroom is their role.
Keywords: Victim/Witness Assistance Program, department of justice, prosecutors, justice, constraint, complex, conflicting, offenders, parole, plea, sentence

 

 

 

Introduction
Crime victims are susceptible to any action or words uttered towards them. This is especially when the crime committed caused excruciating pain and trauma. Victims/witnesses of criminal crimes require assistance to be able to narrate the real situation and give facts to avoid confusion and exaggeration in the courtroom. Witnesses and victims need both mental and law protection against criminals, defendants’ lawyers as well as their families and supporters. Victim/Witness Program was established by the American government to cushion victims and witnesses from being harmed physically and emotionally by defendants, also to be notified and be given a chance to attend and testify against their offenders. However, these rights sometimes override the purpose of the proceedings as some may cause confusion and conflicts; thus, derailing. This paper aims at analyzing the goals of the Victim/Witness Assistance Program, establish points where they become complicated, and conflicting and as constraints in the path of seeking justice. Further, determine who is better placed to offer such assistance to victims, either prosecutors or independent units.
Goals of the Victim/Witness Assistance Program
The right to be reasonably protected from the accused
This is an essential role of the program as it aims at keeping the victim or the witness safe and secure both mentally and physically. Witness and victim statements and courtroom testimonies are essential to juries in making their final judgment. However, protection starts from the prosecutor’s office that either takes care of the victim’s mental wellness directly or seeks professional assistance externally. Ensuring victims and witness mental health is regained helps them to write statements and prepares them on how to execute a case in front of the jury. For severe crimes like attempted or real murder, rape, and violent theft and burglary, victims and witnesses require adequate mental health counseling (Office of Justice Programs, 2010), protection from the general public who might comment negatively, especially on social media sites. Further, protecting them from criminals implicated who may want to eliminate them and erase evidence as well as derail the proceedings. Hence, the victim’s protection is vital as it helps the case to be alive and active as a failure to have a living victim sometimes derails or causes the case to be terminated.
To notify the victim of any public court, or parole proceeding, involving the case
This is essential as it allows the victim to adequately prepare for the situation, which could be attending the court proceeding or protecting themselves in case the victim is released or has escaped. Moreover, adequate preparations to attend court proceeding is essential, especially when the case is heavy and requires one to be composed and calm. Also, when the victim is raped casualty, they lack courage and strength to face the person who caused the pain; important to notify them early enough to prepare mentally. Victims have a right to be notified and possibly be there to see for themselves; in this stage, they can either refuse the release of the accused though usually has minimal influence (Morgan & Smith, 2005). Furthermore, to timely notify them that the criminal or accused has escaped is critical as they keep alerted and secure in case the person seeks to harm them. Also, it is in their own interest to be notified when the case proceeding will be held to give them time to organize themselves in terms of logistics and lawyers. However, the essential part is when the accused is being paroled (DOJ, 2005), the program allows victims to attend and hear for themselves, especially when they said to be fully corrected or well behaved.
Ensure the victim is not excluded from any case proceedings unless otherwise with reasonable conclusions
Victims have the right to attend any proceedings as long as they are able to attend physically without causing any changes to their statements. This is because they are the one bestowed by the constitution to bear the weight of proving the accused guilty as they are presumed innocent until sufficiently proven otherwise. Therefore, with this fundamental role, victims have a right to be notified of any development related to their case. In case of their exclusion, there must be a definite and weighty reason, for instance, a victim can be omitted from case proceeding if it is found that they can change their statements after hearing other people’s testimony and statement (DOJ, 2005). Also, when they are found to be mentally unstable, they can be excluded, and their place filled with other witnesses. However, this may conflict with case proceedings as the lack of victim sometimes may derail the case. Also, when the victims are excluded, it means that the jury may find enough evidence from other witnesses.
To reasonably hear victims at any public proceeding in the district court involving case determination
It is the victims’ interest to present their right side of the story in the courtroom. It is within their right to be heard either through them or lawyers. Moreover, victims’ courtroom testimonies are essential as they help in determining if the accused is innocent or guilty (Dawson, 2006). Also, as they are the primary or second victims of the crime, they have evidence that may prove that the accused did the crime in question. However, this has boundaries as their role ends with evidence presentation; the rest is left to the jury to determine the case. Hearing the victim’s side of the story helps the lawyers and judges to get vital information that can be used in the court. Cross-examination of the witness and the victims should be done, but with limits of causing any further harm (DOJ, 2005). Also, during the plea hearing, they can attest to their fear, and they could ask for protection from the state or the other organizations (DOJ, 2018). Also, though, with minimal influence, they can be asked to comment on the behavioral change of the accused, especially when they are being paroled.
The reasonable right to confer with the attorney for the Government in the case
This is essential when the case is weighty, or the victim lacks the capacity and resources to execute a case. State attorneys help victims from mental help to offering them in-person courtroom assistance (DOJ, 2018). This lies purely on assisting the victim in gather evidence subject to the constitution law. Government attorney helps the victim understand the case procedures as well as their rights and the accused rights (DOJ, 2018). Moreover, government attorneys can help and arrange for transport as well as lodging for the victim and witness in case they reside in different states or cities.
Ensure full and timely restitution as provided in law
This is done by compensating the victim adequately after a financial loss. Courts can compel an accused person to pay their victims a substantial amount to recover lost money or property. However, this is done when the damage can be adequately and reasonably presented and appropriately calculated (DOJ, 2005). Restitution benefits range from medical compensations in case of injuries caused during the rape or theft and other cost used in the court proceeding, including transport, investigations, and paying for the lawyers (Burstyner & Sourdin, 2014). Moreover, in case the court orders for the restitution, the payments should be made on time, as further delay may mean derailed justice. Also, some victims may have borrowed the money to facilitate the case, and they could be earning unnecessary interest and other penalties due to late payment.
Ensuring proceedings are free from unnecessary delays
It is presumed that delayed justice is denied justice (Burstyner & Sourdin, 2014); thus, all cases must be determined as early as possible to allow the victims to return to normalcy. Some cases are traumatizing and time-consuming; thus, they need to be completed early to save time. Also, delayed justice means continued pain and anguish for rape and theft crime victims. Therefore, timely determination of such cases makes the victims know their fate in case the accused are set free, or offenders are given a short sentence. Also, it is essential as it helps them to be compensated early and recover what they lost during and after the crime. This assists them to back their normal lives. However, in case there are technical delays, they can be excused, but subject to reasonable deliberations by both parties.
Ensure victims are treated fairly and respectfully for their dignity and privacy
Victims, witnesses, and accused persons need to be treated fairly and respected equally subject to the law. All of their private life and confidential information should be protected from each other and the general public. Moreover, safeguarding victims’ privacy and confidentiality mitigate, causing further pain when the name goes public and misused by social media users. Some victims who have mental anxiety and trauma require to be handled with care and with dignity as it serves as a morale booster and healing process (Young, 2020). Therefore, safeguarding victim name and image is essential in healing their mental anguish as well as helping them get back their normal life.
When the Goals Are Complex or Conflicting
The above goals can sometimes be complex to achieve depending on the type of case and also be conflicting with other rights. For instance, it is the right of any victim to be notified and be available in the courtroom to testify or see justice being delivered. However, in case they are bedridden or are mentally unstable, they cannot attend the proceedings. Moreover, it is the right of all victims to be heard in the court proceedings; however, sometimes this may not be the case when the victim is mentally challenged or is a child who cannot adequately express themselves in the courtroom (UNDOC, 2020). Also, this overrides the right of victims not to be excluded from any court proceedings. Besides, some victims may overreact when the judgment is being done, thus abstracting judges from making an accurate determination (Dawson, 2006). Some victims make use of emotions and misuse them to influence decisions (Mathews, 2019). Mentally challenged people and children may be unable to make any logical submissions and arguments, especially when arguing about accused parole or plea hearings.
Further, the right to protection and privacy is essential, but it is complex and conflicting with accused rights. Protection of the victim may range from social media attacks by offenders sympathizers to cross-examination and usage of the personal information by defendant lawyers. To determine what to be protected from is difficult and complex, and it may be time-consuming in case all are to be applied. Also, hiding them from the public it may contravene their rights of association and freedom. Moreover, overprotecting victims may seem as giving them priority over accused persons who are still presumed innocent.
The right of victims to be treated with respect and dignity is complicated, as it is difficult to define when an infringement has been done. The definition of dignity and its functions has been complicated, primarily when related to legal issues. Also, Ginnini, (2016), argues that dignity is complicated as no one can measure or explicitly tell how much one is worth when it comes to dignity and at what dimension should one be treated with. The right to timely restitution may be complex and conflicting in the case where the victim did not incur a financial loss. This when the case involved body shaming; in this case, it is impossible to measure how much one is paid. The right of privacy is conflicting, especially when the case is of national interest and accused or the victims are national figures or affect a considerable number of people. In this situation, the affected people’s privacy cannot be infected as citizens either know them.
When Rights Becomes Constraints
Sometimes these rights and goals may sometime become a hindrance to justice. For instance, the right to privacy may hinder people from testifying. Some cases may be won through media as some important witnesses may arise and help. But when the names are concealed, witnesses may fail to come or get the information. The right of being present in the court may derail the court proceeding in case the victim is bedridden or injured in which they cannot write or talk in the courtroom. Also, this limits the case proceedings in case the victim resides far from the court, and they could be preoccupied with other roles. Moreover, the internet may be a problem in the area of residence on the specific day of proceedings forcing the victim to be unable to follow or access the courtroom online and physically. Nevertheless, the right to be heard can sometimes be difficult to effect, especially when the victim is a child or underage, unable to talk, or is mentally challenged.
Is the program in the right office?
Department of justice is the government office that offers this essential role as it is neutral when it comes to prosecutions. However, the prosecutor’s office is better placed to provide this program as they are involved in prosecuting the case against the accused. Office of the prosecutor and victims’ party works in unison or are on one side of proving the accused are guilty. Thus, this office needs to be transferred to this office as it is responsible for gathering evidence from victims and witnesses (Ochoa, 2013). Therefore, it is essential to give powers to all prosecutors to be able to offer victims and witness assistance on how to pursue justice and provide them with protection.
Designing a victim assistance program
This program is essential as it helps victims to recover from crime trauma, among other psychological problems. Besides, this program is necessary as it has helped most people to understand their rights, type of crime, and when to demand restitution. Therefore, all prosecutors’ office, state, and district departments of justice offices should offer such services to aid in victim protection and case execution. Also, it would help in prosecuting cases that would have gone unnoticed due to complexity, lack of resources, or intimidation from offenders (Ochoa, 2013). Also, it would be necessary for private organizations to be involved as they may help with funds in protecting victims and educating them on the importance of seeking justice. However, this has to be done with much care as some organizations may take advantage and start asking money from victims when helping them.
Conclusion
Rights of victims in any case proceeding have been for a long time overlooked as people see them as strong and resilient, as compared to behind bar’s offenders. Ensuring victims’ wellbeing is essential as it helps to understand if the accused is innocent or guilty. The Victim/Witness Assistance Program allows victims to execute a criminal case, understand their rights as well as the accused rights. Effecting this program helps all parties and the court to move on swiftly as vital information and people are availed during court proceedings. However, these rights sometimes serve as a constraint as it may derail justice being sought. Also, some rights are hard to effects; they are complex depending on the case and victims involved. The program is a critical inclusion in criminal justice as it has helped people to seek justice with ease as essential information and resources are provided for by the state.

 

References
Burstyner, N., & Sourdin, T. (2014). Justice Delayed is Justice Denied. Victoria University Law And Justice Journal, 4(1). https://doi.org/10.15209/vulj.v4i1.61
Dawson, M. (2006). Intimacy and Violence: Exploring the Role of Victim-Defendant Relationship in Criminal Law. Journal Of Criminal Law And Criminology, 96(4), 1-35. Retrieved 3 August 2020, from https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7248&context=jclc.v
Department of Justice. (DOJ). (2005). Attorney General Guidelines for Victim and Witness Assistance, 1-75. Retrieved 3 August 2020, from https://www.legislationline.org/download/id/1235/file/ba5b3851799e8ff8cf5699f08559.pdf.
Department of Justice. (DOJ). (2018). Victim Witness Program. Justice.gov. Retrieved 3 August 2020, from https://www.justice.gov/uspc/victim-witness-program.
Ginnini, M. (2016). The Procreative Power Of Dignity: Dignity’s Evolution in the Victims’ Rights Movement, 9(6), 1-56. Retrieved 3 August 2020, from https://drexel.edu/~/media/Files/law/law%20review/fall_2016/Giannini.ashx.
Mathews, E. (2019). Rape Victim-Witness Testimony: Review of Journal Articles, 1-13. Retrieved 3 August 2020, from https://www.researchgate.net/publication/229876246_Victims_Punishment_and_Parole_The_Effect_of_Victim_Participation_on_Parole_Hearings.
Morgan, K., & Smith, B. (2005). Victims, Punishment, and Parole: The Effect of Victim Participation on Parole Hearings. Criminology <Html_Ent Glyph=”@Amp;” Ascii=”&Amp;”/> Public Policy, 4(2), 333-360. https://doi.org/10.1111/j.1745-9133.2005.00025.x
Ochoa, J. (2013). The rights of victims in criminal justice proceedings for serious human rights violations (12th ed., pp. 1-10). Martinus Nijhoff/Bril.
Office of Justice Programs. (OJP). (2010). Best Practices Guidelines: Crime Victim Services, 1-29. Retrieved 3 August 2020, from https://ovc.ojp.gov/sites/g/files/xyckuh226/files/pubs/InnovativePractices/Practices_Best%20practices%20guidelines-508.pdf.
UNDOC. United Nations Office on Drugs and Crime. (2020). Justice in Matters involving Child Victims and Witnesses of Crime, 1-76. Retrieved 3 August 2020, from https://www.unodc.org/documents/justice-and-prison-reform/Justice_in_matters…pdf.
Young, M. (2020). Victim and witness assistance programmes: a continuum of services, 1-11. Retrieved 3 August 2020, from https://www.unafei.or.jp/publications/pdf/RS_No70/No70_09VE_Young2.pdf.

 

 

 

 

 

 

 

Despite the fact that it is hazy why she would not like to meet him, she sent

him cash as she incredibly appreciated his work. In spite of what it appeared outwardly, Tchaikovsky was sincerely grieved,

sobbing and questioning himself all the time, and took to liquor as a type of alleviation.

In the wake of appreciating various triumphs and incessant ventures, Tchaikovsky cash and letters from Meck stopped. In 1890, she suddenly ended all correspondence and backing, guaranteeing chapter 11, however that wasn\’t the case.

It wasn\’t the loss of the cash that had incredibly vexed him. It was the abrupt end of his passionate partner of 13 years. This was a blow for the as of now sincerely touchy author. In 1891, he fled to the US in the wake of getting a solicitation to the initial seven day stretch of New York\’s Music Hall (which was renamed Carnegie Hall a couple of years after the fact). He visited Niagara Falls and led in Philadelphia and Baltimore before coming back to Russia.

Horrible Experience and Crisis

Conversation of Tchaikovsky\’s own life, particularly his sexuality, has maybe been the most broad of any

 

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Tchaikovsky Research Paper
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From a melodic point of view, Australian stone legends AC/DC are known more for their ‘mammoth force harmonies’ and compelling stone sound as opposed to the internal functions of the band as business. Authors Angus and Malcolm Young set up the band right in 1973 and set up their strength and rock sound with colossal hits, for example, ‘Expressway To Hell’ and ‘High Voltage’. Air conditioning/DC never wandered away from their underlying foundations as each collection and each tune close on sounds the equivalent. This wasn’t such a terrible thing; Millions of fans have and still will purchase passes to perceive what is left of AC/DC and even the most bad-to-the-bone fans will say that each melody sounds diverse in a manner. Air conditioning/DC are additionally notable for their ‘raucous picture, mammoth riffs and macho verses about sex, drinking and perdition… ‘ (Rolling Stone, 2018) and these have helped them on the pathway to being perhaps the greatest band on the planet. Music at the hour of AC/DC’s appearance was loaded up with punk, metal and dynamic stone and in examination; AC/DC weren’t composing music that moved time marks or keys. With music that pushed limits, it would be difficult for this band to make an imprint. In time notwithstanding, this band would get known for more than their oversimplified riffs. Angus Young, the groups ‘student’ lead guitarist would start to flabbergast individuals with his regularly tumultuous stage shenanigans. Youthful would likewise make Chuck Berry’s duckwalk much increasingly well known too as this move would go with each melody in some from or another. The collections that this band put out go Platinum before long yet anyway conversely, they have never split the diagrams with any singles in America. Angus and Malcolm Young moved from Scotland in 1963. With help from The Easybeats individuals George Young and Harry Vanda, AC/DC made their mark in the wake of discovering Bon Scott and enrolling him as the artist. Vanda and Young had just had involvement in the Australian music scene and would help AC/DC on their initial four collections.

 

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Before the finish of 1976, AC/DC’s third collection “Grimy Deeds Done Dirt Cheap” showed up in record stores in both Australia and the U.K. They had no issue getting gigs in the U.K as their music wasn’t as unruly as punk and so on. ‘May There Be Rock’ would likewise get well known in 1977 and a consequent help opening with Black Sabbath would in the long run follow. Malcolm Young anyway would experience struggle with the bassist from Sabbath which would then bring about AC/DC being expelled from the visit. This combo of AC/DC and the Easybeats would help make the armies of fans in Australia and in the end the U.S with ‘Roadway to Hell’ turning out to be platinum in 1979. This would all be fleeting incidentally as in February 1980, Bon Scott would die following a night out drinking vigorously. After two months, he would be supplanted by ex-Geordie artist Brian Johnson. These occasions would prompt the creation and arrival of ‘Back In Black’ in 1980, it would then proceed to sell 22 million duplicates and become one of the best selling collections ever.

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