In every area of the criminal justice system there are certain roles and functions of everyone that is involved such as the prosecutor, defense attorney, the criminal, and the victim. Each of these positions in the criminal justice system plays an essential role throughout the entire judicial system. Also with every role of the above listed parties, play an important role in how victimization affects them. In conclusion of reading this paper you-the reader- will be able to distinguish how victimization affects each of these roles including the defendant, the criminal, the victim and the defense attorney. I will also be discussing what role each party plays in the judicial process. The victim’s role in a criminal prosecution is one of the most important, because if there is no victim, than there is no proof or reasonable cause that a crime ever took place. The role of the victim is probably the most critical in the success of a criminal investigation and most importantly, the conviction of the accused crime. Even before the prosecution phase can begin there are many things a victim should do to increase the likelihood of a successful prosecution. Once a crime has been committed it is up to the victim to report the crime to the police as soon as possible.
By reporting the criminal activity to the police shortly after a crime takes place, the chances of the police catching the perpetrator increases. Prompt reporting no only helps the police gather evidence that may quickly disappear, it also enhances the creditability of the victim (Crime Victim Law, 2008).
The Term Paper on The Role Of Undercover Police Officers
There are many roles that police officers and police departments take on. One of the most interesting roles that they take in my opinion is the role of undercover police work. It is one of the most unique jobs an officer can have; they, in a sense are living a double life. These operations are very secretive and undercover officers can be used in huge operations to take someone down or simply ...
The creditability of a victim’s statement is the central issue in any criminal prosecution. Just because a crime may not have been reported to the police right away, prosecution of the criminal is still possible. If the victim is not able to report the crime right away, the victim can still have a positive role in the prosecution of the case. The victim can preserve any evidence that may be deemed necessary in a successful prosecution such as, removing any unwashed bloodstained clothing, bedding, weapons if any, and any damaged or broken property. So even if the crime was not reported right away, the victim can still play a critical role in the prosecution and conviction of any criminal case. Victims should also be advised to seek medical attention immediately after the crime takes place, for any physical injuries, regardless of how minor they may seem at the time.
The smallest piece of evidence could possibly be the last piece of a large and complex puzzle. Seeking and receiving medical attention shortly after the crime, may help the victims begin the healing the process both physically and emotionally. Furthermore, medical records with documented injuries provide excellent evidence that corroborates the victim’s memory of the event that took place during the time of the crime. Now that we have discussed the role of a victim, let’s begin looking into the role the defense attorney and the criminal. The main purpose of a defense attorney is to advocate for the accused, charged with protecting his client’s interest making sure the law works as it should (Bird, 2013).
The role of a defense attorney begins way before he or she enters the courtroom. The defense attorney must have a clear understanding of every detail of his or her client’s case. Once all the needed information is gathered the defense team must be able to assess the case to determine the client’s odds of an acquittal or a conviction, and then the defense team is able to begin the planning and strategizing the best way to present the case to the courts.
The Essay on Self defense In Criminal Cases
One of the frustrations faced by many businesses is that after the perpetrators of crimes have been identified, the District Attorney's office will not pursue the case. One option is for victims to sue the DA in an attempt to compel him to prosecute, but this would be costly and proving dereliction of duty would be difficult. The DA is effectively immune. Other options are more promising. The law ...
If a plea bargain is offered by the prosecution it is up to the defense attorney to determine of accepting the plea bargain is in the best interest of his client, based on the investigation he has already completed. The defense attorney must present any plea bargains to his or her client and advise them of both the best and worst outcomes possible. Once the plea is evaluated and discussed, the client or defendant/criminal can then make his her choice on rather or not the will be accepted to declined. Defendants have a constitutional right to attend their own hearings and see all evidence that will be presented against him. The Sixth Amendment of the U.S. Constitution states’ the accused shall enjoy the right…to be confronted with the witnesses against him”. The prosecutor is a minister of justice; his primary role is to assist the court in arriving at the truth and to do justice for the community and the accused according to the law. The prosecutor is not entitled to act as if he is representing private interests in litigation. A prosecutor represents the community and not individual interests. The prosecutor acts independently, yet with the general’s public interest (Role and Duties of the Prosecutor, 2003).
Now that you are aware of each role listed above let’s explore how victimization affects each of those roles. Anyone can become a victim of crime, and unfortunately for those who have been victimized knows that it is a stressful and difficult experience.
Most people may find a way to deal or cope with such circumstances over a period of time, but we must remember that we all come from a different makeup and may cope with traumatic events differently. There are physical, mental and emotional effects of trauma and may need to seek medical attention to help us better deal or begin to heal. There are many organizations both nationally and locally to assist victims in getting back their lives to some part of normal. For some victims and families of victims, life is forever changed. Life may feel empty or hollow. Life doesn’t mean what it is supposed to. Part of coping or adjusting with trauma is redefining the future (Coping with Crime Victimization, n.d).
The Term Paper on Local Governments Role In Crime Prevention
Local Governments Role in Crime Prevention Introduction In order to provide an effective response to crime, and to explore the role of the Australian local government in crime prevention, it is crucial to understand the philosophy underlying the subject. The present study focuses on local governments role in crime prevention with specific reference to arrangements in NSW and explores future ...
Victimization impacts all roles of the criminal justice system, including the criminal himself. As part of the Victim Right’s Act, a victim has the right to seek compensation from the defendant for loss of property, employment, mental anguish etc. The victim also has the right to address the court regarding how the defendant should be punished and how the crime has affected their life.
The judge will consider the victim’s statement when seeking a sentence and the judge may also order that the defendant pay restitution to the victim. Developing a clear understanding of how trauma may impact a victim is of great benefit to the prosecutor (Victim’s Issues, n.d).
The responses of victims to traumas often affect how the victim will interact with and respond to the police, medical personal, victim advocates, prosecutors, and others that he or she may interact with weeks or even months after the crime takes place. It is generally common for a victim to suppress some of the events or clearly recall those events, but may remember in better detail at a later date. If the victim has been victimized by the same defendant more than once, it is common that the victim may confuse the other events with one another. Once a prosecutor has a clear understanding of these issues, it will make it much easier to obtain information needed from the victim and to recognize valid explanations for issues that a defense attorney may portray as unreliable.
References
Crime Victim Law, 2008, The Victim’s Role in a Criminal Prosecution www.crimevictimlaw.com/criminal/role.html#re
Denver DA, Victim’s Issues, Section 1.2, n.d
www.denverda.org/DA_Programs/training/county/ct_victims_issues.htm Federal Bureau of Investigation, Coping with Crime Victimization, n.d www.Fbi.gov/stats-services/victim_assitance/coping
Role of the Defense Attorney, B. Bird, 2013, Demand Media
www.work.chron.com/role-defense-attorney-3061.html
Role and Duties of the Prosecutor, 2003
www.odpp.nsw.gov.au/Guidelines/2Role and Duties of the Prosector.htm
