Preview

Victims And Defendants Rights Analysis

Good Essays
Open Document
Open Document
667 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Victims And Defendants Rights Analysis
Victims/Defendants Rights

Things have changed from what they were back some years ago, at one point in time victims or defendants did not have no rights. Here It is a new changed world, and this new dynamic have established some rights that apply to victims and defendants. Many different crimes occur, as a result of that are the victims and defendants. There are different types of victim’s elderly, children, and even homicide victims. This analysis will take a closer look into who are victims and defendants, discuss the rights of those victims and defendants in the criminal process, and explain the source of those rights at state and federal level. Victims become victims for various reasons, most commonly known cause is a result of some
…show more content…
The court systems are in place for defendants that carelessly go around committing offenses. Nevertheless, regardless of how they become victims or defendants in the criminal process they both have rights. In fact, for over 30 plus years now victims’ rights have been a movement in which the U.S. Constitution has granted victims various rights. For example, those victims of violent crimes have a right to compensation, to be informed of their offenders’ whereabouts and release dates (Ginsberg, 2014). On the flip side of that, are the defendants’ rights that the US Constitution has also put in place for defendants. Furthermore, “The primary sources for rights of defendants in criminal cases are the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the U.S. Constitution (“Lecture 3, …show more content…
As stated previously, victims and defendant rights has been a movement for some time now. Moreover, victims and defendants’ rights generate from the State and federal level, meaning any kind of assistance that they receive comes from the government (Neubauer, Fradella, 2014). The victims are innocent people that happen to be victims of crimes committed by the accused so they deserve to have protection and backup from the government. Defendants on the other hand, have just as much if not more rights than victims. That is so that the defendant does not be treated unfairly or receive cruel and unusual punishment for their

You May Also Find These Documents Helpful

  • Better Essays

    Court Issues

    • 1359 Words
    • 6 Pages

    Robinson, M. B. (2009). Justice Blind? Ideals and Realities of American Criminal Justice (3rd ed.). Upper Saddle River, NJ: Pearson/Prentice.…

    • 1359 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    · Assess the past, present, and future impact that victim rights laws have on court proceedings.…

    • 419 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Defendant: Case Study

    • 207 Words
    • 1 Page

    The Defendant when his daughter was living with him constantly updated the Plaintiff of what was going on with their daughter.…

    • 207 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    They have similarities like the characters, genre, and plot. First, both protagonists in both of the books reacted the same way. In the book Guilty, Finn learned that his stepmother and birth mother died, he then tried to find the killer. In the book Victim Rights, Dooley learned that the guy who raped his girlfriend was found dead, he then tried to find the murderer. Second, both were based on the same genre which is the mystery.…

    • 163 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The legal system of the United States has been overwhelmed by underfunding and excessive caseloads, which has placed a substantial burden on public defenders. Unfortunately, public defenders are the hardest working attorneys and sector of the legal system because they are severely understaffed. Therefore, they are represented by public defenders, which is a granted constitutional right in the case of Gideon v. Wainwright. This case specified that states are required to provide defense attorneys to defendants convicted of a felony or serious crime that cannot provide attorney representation for themselves. According to Brunt (2015), “approximately 80% of the offenders that are charged with a felony are indigent.” This is a relatively large number…

    • 584 Words
    • 3 Pages
    Good Essays
  • Good Essays

    of Booths articles is on managing the victim’s participation in the sentencing process in order to…

    • 1385 Words
    • 6 Pages
    Good Essays
  • Better Essays

    Miranda V. Arizona

    • 2657 Words
    • 11 Pages

    This case is one that changed the way the United States Police forces will work forever. Every human in the world has natural born rights. Even people who have been arrested have rights, ‘The rights of the accused’. These rights are the main point of this court case.…

    • 2657 Words
    • 11 Pages
    Better Essays
  • Better Essays

    When the system fails to protect and serve, people are sentenced to harsh prison terms such as Michelle Murphy whom has been recently exonerated by DNA evidence but only after serving more than 20 years in prison having been accused and convicted of murdering her infant son. (Massie 2014) This is a gross miscarriage of the justice that judges, attorneys and even jurors are sworn to protect. When Justice fails, American citizens feel victimized, family and friends lose faith in the system, where else is there to turn? The legal system is certainly the last bastion that stands between Americans and tyranny. Yet the criminal justice system fails American citizens daily. “There are systemic frailties in the American criminal justice process, weaknesses that warrant a coordinated and strategic reform effort.” (Gould, 2008)…

    • 1113 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Criminal Defense Analysis

    • 881 Words
    • 3 Pages

    One of the greatest right’s we have in America is the right to be innocent until proven guilty in a court of law. It is ultimately the job of the prosecutor to prove to the people, the jury and to the court that the accused is in fact guilty of a crime. The accused either has his own or appointed attorney to present his various defenses to argue why he acted the way he did during the crime. According to Criminal Law Today, “A defense consists of evidence and arguments offered by a defendant and his or her attorneys to show why that person should not be held liable for a criminal charge” (Schmalleger 2010, pg. 114). This paper will discuss various forms of criminal defenses and how they are used in court.…

    • 881 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    unknown. (2007). Constitutional Rights for Crime Victims. Retrieved December 12, 2009, from The National Center For Victims of Crime: http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32463…

    • 1689 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Rights is contended in the first ten amendments. The Bill of Rights is instilled into our constitution to protect the citizens of the United States from unfair and unjust treatment by their own government. Our government is protected and enforced through local police departments and our Bill of Rights gives certain freedoms to the citizens and suspect of the police prior to and during prosecution by the criminal justice system. From arrest to sentencing, the Bill of Rights protects us. This paper will specifically discuss the fourth, fifth, and sixth amendments of the Bill of Rights and how they pertain to both juvenile and adult court proceedings. The Bill of Rights also governs the government by placing limits to the extent of their reach, or power, and how that power is used against its own citizens. The Bill of Rights, or ten amendments, took adoption into our Constitution in 1789 by the efforts of James Madison.…

    • 1585 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    The fundamental rights of victims to be represented equitably throughout the criminal process are called…

    • 1671 Words
    • 7 Pages
    Good Essays
  • Good Essays

    Many issues face our court systems and administrative in today’s society. The future will hold many changing aspects, issues, and trends. Victim rights will also change as we move forward into the future. There will be many aspects of victim rights that will remain the same as in the past and the present but will forever change in the future. The future will hold many changes in our court systems including victim right, language services, and administrative.…

    • 385 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    As crime in America seems to be decreasing, reports from law enforcement experts state that: violent crimes are expected to increase (Butterfield 6). Many people feel that the American Judicial System treats the criminal as a victim, therefor, favoring the criminal. The American judicial system, however, has taken an attitude that "Perpetrators not only deserve blame but are worthy of it, in the fullest, most human sense of the word" (Reidinger 98). Despite the popular belief that the American Judicial System favors the criminal, in reality, this system imposes strict penalties in the majority of criminal defense cases in this country.…

    • 2202 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    Pretrial Detention

    • 2311 Words
    • 10 Pages

    When a crime is allegedly committed an individual can be taken into custody, after the arraignment which is the formal reading of a criminal complaint in the presence of the defandant to inform the defendant of the charges against him or her. In response to arraignment, the accused criminal is then excepted to enter a plea. Then the accused may not be able to post bail/bond or even be denied realase. This indvidual must stay in jail until his court hearing, the time the person waits in jail is called pretrial detention. Today throughout the world pretrial detention has caused many issues in which this paper will look further into. Some of the issues that will be explored in this paper are how pretrial detention is causing overcrowded prisons, and how that is affecting our society. Another issue that will be looked upon is the expression “innocent until proven guilty”. There are times when a offender waits in jail until his hearing for a number of years and ends up being proved innocent. What should be done for the time lost in this person’s life for waiting in a jail cell for a crime that was never committed? These are issues that concern everyone in our society; this paper will explain possible ways to bring justice to these individuals. Pretrial detention causes all types of issues from the positive and negative effects it takes on people, overcrowded prisons, and weather or not it violates certain amendments.…

    • 2311 Words
    • 10 Pages
    Better Essays