CJ 315 1-2 Module One Journal Victims' Rights

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Dec 6, 2023

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1 1-2 Module One Journal: Victims’ Rights Author: Keisha Williams-Ferguson Affiliation: Southern New Hampshire University Course: CJ-315- T5375 Victimology 22EW5 Instructor: David Conn Date: May 8, 2022.
2 The modern Victims' Rights Movement started in the 1970s. The motivation behind the formal inauguration of this campaign was a 1973 Supreme Court case known as Linda R.S. v. Richard D. In the case, and a victim asked the courts to compel criminal prosecution in a matter of unpaid child support to an unmarried mother. The courts ruled that the victim did not have legal grounds as a single mother to ask for child support and that she, as a private victim, had no legal authority to compel the prosecution into action. The court's reasoning: "a private citizen lacks a judicially cognizable interest in the prosecution or non-prosecution." According to Takahashi & James (2018), the critical social movements of the 1960s and 1970s that impacted victims' rights were The Civil Rights Movement, The Women's Movement, and The Anti-War Movement. The feminist movement fought for women's rights to be equal to men. They wanted women to be able to work outside the home, have control over their bodies, and be free from violence. The civil rights movement fought for the rights of African Americans to be equal to whites. They wanted African Americans to be able to vote, to have equal access to education and jobs, and to be free from violence. This movement also brought attention to the issue of police brutality. Additionally, the anti-war movement was a critical social movement of the 1960s and 1970s that impacted victims' rights. The anti-war movement protested the Vietnam War. They argued that the war was wrong and that it was causing the death of innocent people. They argued that the United States was committing war crimes in Vietnam and that the government needed to be held accountable. The anti-war movement helped pass laws that made it easier for victims of war crimes to get justice. A victim's right to be treated with respect and dignity is shared by all states, as is the right against intimidation, to be free from physical and emotional abuse, to be free from sexual assault
3 and exploitation, to have a say in criminal proceedings, and to be reimbursed for their losses. States have passed legislation requiring the training of law enforcement personnel, prosecutors, and other criminal justice system members on how to deal with crime victims to guarantee that victims are treated with respect and dignity. This training typically includes information on how to communicate with victims, how to investigate crimes, and how to prosecute cases. In addition, many states have established victim assistance programs that provide services such as counseling, financial assistance, and advocacy to victims of crime (PJCC, 2020). New York victims' bill of rights effectively protects victims from further harm and provides them with restitution (Eric T. Schneiderman, n.d.). For example, the statement of rights provides victims with the right to be notified of all court proceedings, present at all court proceedings, heard at all court proceedings, and the right to restitution.
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4 References New York State attorney general crime victims Eric T. Schneiderman ... (n.d.). https://www1.nyc.gov/assets/nypd/downloads/pdf/collaborative_policing/ovs-crime- victims-bill-of-rights.pdf PJCC. (2020). Victims' rights . PJCC. https://www.ncsc.org/pjcc/topics/victims Takahashi, Y., & James, C. (2018). Victimology and Victim Assistance. SAGE Publications, Inc. (US). https://mbsdirect.vitalsource.com/books/9781544350738