Journal 1 Victims Rights (2)
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Feb 20, 2024
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Victims’ Rights
Shawna Soard
Southern New Hampshire University
CJ 315: Victimology
Professor David Conn
October 29, 2023
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Victims’ Rights
Throughout history victims’ rights have grown with the biggest influences coming from the Civil War and the Women’s Rights movements (Takahashi & James, 2018). Before the victims’ rights movement, victims had few rights legally. In fact, at first prior to written laws it was up to the victim or their family to deal with their own justice through retaliation which was also known as lex talions also known as eye-for-an-eye (Takahashi & James, 2018). Then in the Middle Ages the state took over the control of criminal matters, so the victim became secondary which excluded them from the legal proceedings (Takahashi & James, 2018). Up until the civil rights efforts in the 1960s and 1970s they did not have the right to be informed of the proceedings, nor could they attend the criminal proceedings (Takahashi & James, 2018). In 1948 the United Nations made the UN Universal Declaration of Human Rights which consisted of 30 basic rights which consisted of the right that all people are born free and should be treated equally with dignity and rights, that they also have freedom of speech, and the right to life, liberty, and security of the person (Takahashi & James, 2018). Beginning in 1965 the United States of America began making strides to begin to help the victims of crime by putting in laws that dealt with advocacy, compensation, and to establish certain rights for victims of crime. In 1965 California was the first to establish a program which gave victims of crimes compensation (Takahashi & James, 2018). The Federal government in 1972 established a fund across the whole
United States for victims. There were numerous social movements that started to place an emphasis on the victims and their rights. The two most influential movements during this period were the Civil Rights and the Women’s Rights movements. These movements addressed both the
inequality and adversity that was present in our country (Takahashi & James, 2018). Many of the
individuals that took part of these two movements were women who had been victimized by
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domestic violence and sexual assault. In the 1980s the UN adopted the Declaration of basic principles of justice for crime and abuse of power. This declaration brought up that understanding that the criminal justice system needs to mature and take into consideration the necessity for the safety and the well-being of the victims (Takahashi & James, 2018). It also gives recommendations on the ways to improve justice, fair treatment, restitution, compensation, and assistance for victims of crimes (Takahashi & James, 2018). During this time the U.S. was also improving their own criminal justice system. One of the first federal legislations was to adopt the Victims of Crime Act in 1984. This act brought about the crime victims’ fund, for state and local victim assistance programs (Takahashi & James, 2018).
Some of the victims’ rights that are common throughout all the states are:
Crime victims’ rights are protected in the same way that the defendants’ rights are.
Crime victims’ rights are permanently a part of the criminal justice system.
Courts can enforce the victims’ rights if necessary (Takahashi & James, 2018).
Even though not all the states provide the same rights to victims they all provide the notification of rights, court appearances, participation in various stages in the criminal proceedings, and compensation (Takahashi & James, 2018). Some states also provide the right to consult with court officials before plea bargains are entered or before the offender is released from custody, they also have the right to protection and a speedy trial (Takahashi & James, 2018). Texas has all the above rights for victims although one of the biggest things that they push for is the Victim Impact Statement. Texas also offers and, in some cases, push for a forensic
medical exam if the assault is reported to law enforcement within 96 hours. They also offer counseling and testing if the offender has AIDS/HIV (Texas Attorney General, n.d.). Victims are
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also offered an advocate who is there for their exam, counseling, support services, and to inform the victim and ensure their rights are being held up. The victim, guardian of the victim, or a close
relative of a deceased victim has the right to be at all court proceedings that are related to the offense (Texas Attorney General, n.d.). The victim has the right to have the prosecutor’s office to
notify their employer with documentation of the necessity of the victim being able to cooperate and give their testimony of the proceedings if the victim requests it (Texas Attorney General, n.d.). The victim also has the right to have their property returned promptly by law enforcement or the attorney that is being held as evidence when it is no longer needed (Texas Attorney General, n.d.). These are all rights that Texas has that I think goes over and above to keep the victim in the loop of what is going on with their case. The only example I have is a personal one that is ongoing at this time. About a month ago we were on a job site pressure washing a parking lot. Thankfully we were taking a break at the time this happened. A drunk driver drove over a cone we had blocking off the parking lot and drove over ruining three of our high-pressure hoses.
The guy was arrested and was in jail for three days. We were emailed before he was released to let us know that he was out on bail. My husband had to respond to the email that we were informed of this change. As of right now we are still waiting to find out about when it will go to court.
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References:
Takahashi, Yoshiko, and Chadley James. Victimology and Victim Assistance. Available from: MBS Direct, SAGE Publications, Inc. (US), 2018.
Texas Attorney General. (n.d.). The Rights of Crime Victims In Texas
. https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/crime-victims/
victim_rights15.pdf