Victims rights and vengeance
Victims’ Rights and Vengeance
Shelly Collins
CJA/324
1/10/2014
Paul Noel
Victims’ Rights and Vengeance There have been many alterations to the legal rights and assistance programs to better serve victims of crime. In every state, there are considerable rights in order to protect these victims. The statues of Victims’ rights influence how the victims are treated within the criminal justice system. “This was the key goal of the sweeping changes in the 2004 Crime Victims Act (CVRA), which became the “cutting edge of the third wave of victims’ rights.” (B. YU.L.Rev, 2005). “There are eight basic rights that crime victims have, the section 3771(a) provides these rights:
1. The right to be reasonably protected from the accused.
2. The right to reasonably, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release of escape of the accused.
3. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
4. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
5. The reasonable right to confer with the attorney for the Government in the case.
6. The right to full and timely restitution as provided by law.
7. The right to proceedings free from unreasonable delay.
8. The right to be treated with fairness and with respect for the victim’s dignity and privacy.” (Cohen, 2006).
“The CVRA provides that victims may choose to have their own attorney and seek to assert the rights to be present and participate in the criminal proceeding. In the district court, a victim may make a motion for relief, including a motion to reopen a plea agreement. (18 U.S.C § 3771 (d) (5).) If the district court denies a
Shelly Collins
CJA/324
1/10/2014
Paul Noel
Victims’ Rights and Vengeance There have been many alterations to the legal rights and assistance programs to better serve victims of crime. In every state, there are considerable rights in order to protect these victims. The statues of Victims’ rights influence how the victims are treated within the criminal justice system. “This was the key goal of the sweeping changes in the 2004 Crime Victims Act (CVRA), which became the “cutting edge of the third wave of victims’ rights.” (B. YU.L.Rev, 2005). “There are eight basic rights that crime victims have, the section 3771(a) provides these rights:
1. The right to be reasonably protected from the accused.
2. The right to reasonably, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release of escape of the accused.
3. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
4. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
5. The reasonable right to confer with the attorney for the Government in the case.
6. The right to full and timely restitution as provided by law.
7. The right to proceedings free from unreasonable delay.
8. The right to be treated with fairness and with respect for the victim’s dignity and privacy.” (Cohen, 2006).
“The CVRA provides that victims may choose to have their own attorney and seek to assert the rights to be present and participate in the criminal proceeding. In the district court, a victim may make a motion for relief, including a motion to reopen a plea agreement. (18 U.S.C § 3771 (d) (5).) If the district court denies a
References: University of Phoenix. (2007). Vengeance Time. Retrieved from University of Phoenix, CJA/324 website University of Phoenix. (2009). Crime Victims ' Rights: From Illusion to Reality. Retrieved from University of Phoenix, CJA/324 website University of Phoenix. (2006). The victims ' rights and the furies in American courts. Retrieved from University of Phoenix, CJA/324 website. Mermelstein, M. (2013). From Victim to Victor: Corporate Crime in the Internet Era. Retrieved from http://www.americanbar.org/publications/blt/2013/11/01_mermelstein.html