Thinking Citizen Blog — from a Victim Centric to a Non-Victim Сentric Сriminal Justice System
Thinking Citizen Blog — Saturday is Justice, Freedom, Law, and Values Day
Today’s Topic — from a victim-centric (18th century) to a non-victim centric criminal justice system (20th century)
In the 18th century Britain and America, the criminal justice system was victim-centric. Victims, not government officials prosecuted crimes. By the 20th century, their role in the criminal justice system had been drastically reduced. And in the 1970s a victims rights movement was launched in protest against the fact that victims were being deprived of “any legal status beyond that of a witness or piece of evidence.” Since then, state constitutions have been amended and federal legislation passed to acknowledge the rights of crime victims. Have these gone far enough? Do the families of victims have rights? Should they? Or is this movement fundamentally misguided? Today, a few notes. Experts — please chime in. Correct, elaborate, elucidate.
THE FEDERAL CRIME VICTIMS RIGHTS ACT OF 2004
1.) The right to protection from the accused, the right to notification.
2.) The right not to be excluded from proceeding, the right to speak at criminal justice proceedings,
3.) The right to consult with the prosecuting attorney, the right to restitution
NB: The right to proceedings free from unreasonable delay, The right to be treated with fairness, and respect for the victims’ dignity and privacy
THREE BASIC CRITICISMS OF THE VICTIMS RIGHTS MOVEMENT
1. Undermines the rights of defendants.
2. Restricts prosecutorial discretion.
3. Promotes a spirit of retribution and vengeance.
THE PAIN AND SUFFERING OF THE FAMILIES OF THE VICTIMS
1. Should their pain and suffering factor in the judicial process?
2. How?
3. What have been the customs of cultures around the world from time immemorial on this subject? What does this history have to teach us?
NB: are retribution and the principle of proportional response legacy of a more primitive, barbarous society or pillars of any just society?
YOUR TURN
Please share the coolest thing you learned in the last week related to justice, freedom, the law or basic values. Or the coolest, most important thing you learned in your life related to justice, freedom, the law, or basic values. Or just some random justice-related fact that blew you away.
This is your chance to make some one’s day. Or to cement in your mind something that you might otherwise forget. Or to think more deeply about something dear to your heart.
