Cja 305 - Victims and Crime Evaluation

Victims and Crime Evaluation

Amanda Jones

CJA/305

Jeff Dover

November 12, 2015

        The roles and functions that individuals have in the criminal justice system often times can be basic and simple, however, victimization can makes situations complicated in certain positions. In this paper, I will review the roles of the prosecutor, defense attorney, the criminal and the victim. I will also go over how victimization can affect each roll, what the goals of sentencing for each role are, and what my personal recommendations regarding victims’ rights.

        The significance that a prosecutor has within the criminal justice system is rather large. The prosecutor is not simply just a lawyer; however, they’re an officer of the court and an administrator of justice. Some of the main objectives that a prosecutor is responsible for, are to ensure that justice is served and to follow the rules of the law by convicting the accused offender. It’s the prosecutor’s goal to provide enough evidence to guarantee the offender or defendant receives the maximum sentence.

        When it comes to the defense attorney, their roles is to ensure his or her clients’, who also are the accused or defendants’ rights are not imposed upon and to act as a middle man between the prosecutor, the courts, and the defendant. The defense attorney’s functions include but are not limited to, ensuring their client is represented fairly in the eyes of the court, determine which method of defense is appropriate for the case and its trial, lead the direction of the defense in selection of witnesses and jury selection. They can also assist with suppression and un-suppression of evidence and the appeals processes if necessary. Most often the defense attorney wants to make certain his or her client gets a fair plea agreement, or is acquitted. Their goal is to make sure their client gets the minimum sentence.

        The two main characters that play the most major role within the criminal justice system are that of the criminal and the victim. The criminal is the individual who is being accused or associated with a crime. The victim is the direct link to the crime that was committed by the criminal. Without the criminal, there would be no victim or crime. The definition of a victim is “any individual against whom an offense has been committed, or for certain procedural purposes, a parent or legal guardian if the victim is below age of eighteen years or incompetent or one or more family members or relatives designated by the court if the victim is deceased or incapacitated” (Schmallegar et al, 2015, p.400). The role of the criminal is to plead his or her cane and pursue the judge or jury to see it as they recount it. As with a defense attorney, the criminal wants to be acquitted for the crime or receive the minimum amount of time with sentencing. With the role of the victim, their job is to recall the events of the crime and to provide the necessary evidence to investigators and the prosecution team. As with the prosecutor, the victim wants to see the criminal receive the maximum sentence associated with the charges filed.

        Victimization is the process of becoming a victim. The victim is the source of victimization, as the criminal has taken something from or done something to the individual. Whether it is a material possession or another human being, the criminal commits an offense against another individual and this individual is considered the victim. The victim can feel a range of emotions from angry, confused, hurt, and frightened and may have very limited knowledge of what steps to take or who to turn to in the event a crime has been committed. Victims may need extra additional support and information considering he or she is the basis of the victimization as “only do they suffer physically, emotionally, psychologically, and financially from their victimization, and they are also often burdened by the complexity of the criminal justice system” (Canadian Resource Center for Victims of Crime, ret. 2015).

        The prosecutor is the voice of the victim, so he or she is a direct link to the victimization. The prosecutor has to maintain certain professional guidelines and standards to maintain enforcing of laws and providing the victim with the feeling that justice is being sought or obtained. The prosecutor is linked to the victims who has been victimized, the prosecutor can provide additional information and resources to the victims in the case, in hopes the victim will cooperate fully and be fully engaged in the criminal processes.

        The criminal may often times try to relation to self-victimization. Self-victimization is the offender trying to use reasons to justify the criminal act committed. The defendant does not have a clear connection to victimization, other than he or she needs to prove otherwise to protect his or her client.

        The defense attorney will relate to the victimization, as he or she will represent the defendant. The defense attorney would have to challenge the evidence and the nature of the crime, especially if the victim chooses to participate in the case. The defense attorney is often looked upon as the “bad guy or enemy.” “The lawyer must zealously advocate whatever is in the best interest of their client, not the interest of the prosecutor, judge, society, or victim’s” (Mississippi Department of Corrections – Division of Victims Services, n.d. Ret 2015).