KillerMuffin
Seraphically Disinclined
- Joined
- Jul 29, 2000
- Posts
- 25,603
After reading this: http://www.reuters.com/news_article.jhtml?type=politicsnews&StoryID=825322 where Bush is backing amendments in favor of victim's rights, I got thinking.
In the criminal justice system, how much of a role does the victim actually play?
Is the purpose of criminal punishment to find justice for the victim? Is it to punish the criminal? Is it to rehabilitate the criminal? Sort of all of the above?
Where does the victim fit in the prosecution of an accused person?
Personally, and as a victim of violent crime myself, I don't think the victim has a place beyond that of evidentiary roles. I don't believe the justice system has much to do with finding justice for the victim him or herself. I think it has more to do with punishment of criminal behavior with an eye toward rehabiliting those that can be and removing those that can't from society.
The victim would get in the way of that. First, in the trial where they or their families sit in the front row behind the prosecutor personally reminding the jury that there had been a crime committed and someone had been made a victim and that someone should be punished for it.
Secondly, they get in the way when they demand justice for their victimhood. They want the perpetrator to suffer as much as they did or to be locked away forever/put to death. I don't believe this fits in the area where rehabilitating a person to fit into society is the primary goal and punishment secondary. With those that aren't salvagable to society, this doesn't come into play, but to those that are, a victim's demand for retribution will prevent turning a criminal into an acceptable member of society so that s/he doesn't burden our prison system and take base or get out after the sentence is complete to do it, or a worse and prison-learned crime, again.
A victim has the right to not be a victim. However, keeping them out of the criminal justice process does not "re-victimize" them, it keeps our system fair to the accused and it keeps the option to re-socialize some criminals open.
In the criminal justice system, how much of a role does the victim actually play?
Is the purpose of criminal punishment to find justice for the victim? Is it to punish the criminal? Is it to rehabilitate the criminal? Sort of all of the above?
Where does the victim fit in the prosecution of an accused person?
Personally, and as a victim of violent crime myself, I don't think the victim has a place beyond that of evidentiary roles. I don't believe the justice system has much to do with finding justice for the victim him or herself. I think it has more to do with punishment of criminal behavior with an eye toward rehabiliting those that can be and removing those that can't from society.
The victim would get in the way of that. First, in the trial where they or their families sit in the front row behind the prosecutor personally reminding the jury that there had been a crime committed and someone had been made a victim and that someone should be punished for it.
Secondly, they get in the way when they demand justice for their victimhood. They want the perpetrator to suffer as much as they did or to be locked away forever/put to death. I don't believe this fits in the area where rehabilitating a person to fit into society is the primary goal and punishment secondary. With those that aren't salvagable to society, this doesn't come into play, but to those that are, a victim's demand for retribution will prevent turning a criminal into an acceptable member of society so that s/he doesn't burden our prison system and take base or get out after the sentence is complete to do it, or a worse and prison-learned crime, again.
A victim has the right to not be a victim. However, keeping them out of the criminal justice process does not "re-victimize" them, it keeps our system fair to the accused and it keeps the option to re-socialize some criminals open.
smiley attached to this thread. I've lost my mind.
