Cja 354: Victim Analysis In The Criminal Justice System
Running head: Victim Analysis
Victim Analysis
Sha’Dana Shaw
September 3, 2012
CJA/354
Roy, Quisenberry
Victim Analysis
There are many forms and definitions of the concept victim found throughout the criminal justice system, and it important to both understand the notion for which it is applied along with the proper analysis for how it is used. The Violent Crime Control and Law Enforcement Act of 1994, defines crime victims as people who had a criminal offense committed against them (Schmalleger, Hall, & Dolatowski, 2010). The Federal Bureau of Prison (BOP) classifies a victim as someone who has experienced direct or threatened physical, emotional, or financial harm as the result of a crime (Schmalleger, …show more content…
Hall, & Dolatowski & 2010). It is important to understand that a crime victim has a different classification than that of a victim found within civil law, which is someone who got injured or wronged. In this particular analyzes the victim concept will get used with the function applied within the criminal justice system.
Historical Analysis of Victim’s
Historically people who found themselves victimized could seek revenge on the person who victimized them with the help of friends and family, and this type of sanction was justified in the eyes of the officials who was in charge of the town (p. 401). Victims has the right to determine their offenders fate, and this process was deemed necessary for the assurance of closure and making the victim feel whole again; this process was coined the Golden Age of the Victim (p. 401). As society moved toward a more civil and judicial process on the perspective relating to crime the restorative justice for the victim was forgotten about. According to Schmallerger, Hall, and Dolatowski (2010) by the late Middle Age in England, the king’s peace doctrine was mandated, which believed any offense committed was seen as a violation of laws under the king’s peace doctrine. The king expected his local official comprised of sheriffs and constables to apprehend offenders and arrange for them to go through the judicial process (p. 401). From this point forward as society moved through the different era’s victims begun to play a less significant role; restorative justice for victims was forgotten. The legalities of the Western culture only wanted victims to provide the necessary evidence in regard to helping apprehend the offender; consequently, a once dominant victim-oriented justice culture developed into a state-centered justice culture, and the victim was diminished into a mere afterthought of criminal crime offenses within a much larger complexity of crime (p. 401).
Victims’ Assistance Program
The importance of the victim begun to come back around again in the late 1960s because of the renewed interest in victims and the crimes committed against them, which transformed the Western tradition from a state-center justice society into a culture that wanted to help the victims of criminal offenses and make right the victimization that occurred (p. 402). New Zealand enacted the first victim compensation, when violent offenses were committed in 1963 (p. 402). The Criminal Injuries Compensation Act (CICA) mandated that victims of specified heinous violent crimes receive monetary awards to compensate for their pain and suffering (p. 402). This started a social awareness that transcended throughout the world, and United States, specifically California, adopted the first American version of the CICA in 1965 to assist victims of violent crime (p. 402).
Modern day state victim assistance programs require that crime victim’s meet certain criteria to qualify because crime has been a growing problem in America most states set a maximum limit they are willing to pay victims of terrible violent crimes (p. 402). Some states have established a minimum loss limit and a need only guideline, which means there is a limit of monetary awards a victim will receive, and the victim must prove hardship to qualify for assistance (p. 402). All states provide the possibility of compensation for medical assistance, wage-loss, and living expenses (p. 402). However, if a victim is partially responsible for their own victimization they will not qualify for any type of compensation under present guidelines set for victim’s compensation programs (p. 402). Traditionally most victim-witness programs are run by local volunteers who: “Help counsel victims and witnesses and introduce them to the justice process along with a multitude of other services that range from transportation to court, child care assistance while in court, and referrals to social services when additional help is needed” (p. 402).
Problem- Solving Courts and Restorative Justice
According to, the Office of Justice Programs (n.d.), if problem-solving techniques are implemented correctly they can “Reduce recidivism, reduce crime, improve coordination among justice agencies, enhance service to victims, and increase trust in the justice system” (para.
2). “The Community-Based Problem-Solving Criminal Justice Initiative aims to broaden the scope of problem-solving courts, testing their approach to wider defendant populations and applying key problem-solving principles (e.g., links to social services, rigorous judicial monitoring, and aggressive community outreach) outside of the problem-solving court context” (OJP, n.d., para. 3). Problem- Solving Courts are important initiatives to fund because they help keep society safe by trying to improve the recidivism rate. This will cause a reduction in crime, and justice agencies case-loads will lighten; thus, freeing up the justice system to advocate for crime victims, and restore faith within the criminal justice …show more content…
process.
Restorative Justice Program’s objectives are to help victims, offenders, and communities in a positive way allowing the acknowledgement of injury that takes place once a crime is committed within the community (Prison Fellowship International, 2008).
It insists that justice repair those injuries and the parties get to participate and be a part of the process (Prison Fellowship International, 2008). The restorative justice programs, therefore, enable the victim, the offender, and affected members of the community to be directly involved in responding to the crime (Prison Fellowship International, 2008). Restorative justice is another positive program that offers solutions to all parties involved providing a lasting impact on all parties
involved.
Conclusion
The victim role has had many transitions and significances throughout the different eras within the criminal justice system. The concept of victim within the criminal justice system is anyone who has experienced a personal violent criminal offense. America’s culture has seen both victim-oriented justice and state-centered justice system, but the social awareness started by New Zealand has left a permanent staple within Westernized culture in America; thus, many crime victim’s compensation programs has been established across America to help compensate victims who meet the hardship requirements. Both problem- solving courts and restorative justice programs are positive initiatives that try to help victims, offenders, and society by offering a variety of services and solutions to help minimize crime and the impact it has on communities.
Reference
Office of Justice Programs. (n.d.). Burea of Justice Assistance Community-Based Problem-Solving Criminal Justice Initiative . Retrieved from https://www.bja.gov/ProgramDetails.aspx?Program_ID=53
Prison Fellowship International. (2008). Centre for Justice and Reconciliation. Retrieved from http://www.pfi.org/cjr/restorative-justice/introduction-to-restorative-justice-practice-and-outcomes/briefings/what-is-restorative-justice
Schmalleger, F., Hall, D, E., & Dolatowski, J.J. (2010). Criminal law today: An introduction with capstones cases. (4th ed.) Upper Saddle River, NJ: Prentice Hall.
Victim Analysis
Sha’Dana Shaw
September 3, 2012
CJA/354
Roy, Quisenberry
Victim Analysis
There are many forms and definitions of the concept victim found throughout the criminal justice system, and it important to both understand the notion for which it is applied along with the proper analysis for how it is used. The Violent Crime Control and Law Enforcement Act of 1994, defines crime victims as people who had a criminal offense committed against them (Schmalleger, Hall, & Dolatowski, 2010). The Federal Bureau of Prison (BOP) classifies a victim as someone who has experienced direct or threatened physical, emotional, or financial harm as the result of a crime (Schmalleger, …show more content…
Hall, & Dolatowski & 2010). It is important to understand that a crime victim has a different classification than that of a victim found within civil law, which is someone who got injured or wronged. In this particular analyzes the victim concept will get used with the function applied within the criminal justice system.
Historical Analysis of Victim’s
Historically people who found themselves victimized could seek revenge on the person who victimized them with the help of friends and family, and this type of sanction was justified in the eyes of the officials who was in charge of the town (p. 401). Victims has the right to determine their offenders fate, and this process was deemed necessary for the assurance of closure and making the victim feel whole again; this process was coined the Golden Age of the Victim (p. 401). As society moved toward a more civil and judicial process on the perspective relating to crime the restorative justice for the victim was forgotten about. According to Schmallerger, Hall, and Dolatowski (2010) by the late Middle Age in England, the king’s peace doctrine was mandated, which believed any offense committed was seen as a violation of laws under the king’s peace doctrine. The king expected his local official comprised of sheriffs and constables to apprehend offenders and arrange for them to go through the judicial process (p. 401). From this point forward as society moved through the different era’s victims begun to play a less significant role; restorative justice for victims was forgotten. The legalities of the Western culture only wanted victims to provide the necessary evidence in regard to helping apprehend the offender; consequently, a once dominant victim-oriented justice culture developed into a state-centered justice culture, and the victim was diminished into a mere afterthought of criminal crime offenses within a much larger complexity of crime (p. 401).
Victims’ Assistance Program
The importance of the victim begun to come back around again in the late 1960s because of the renewed interest in victims and the crimes committed against them, which transformed the Western tradition from a state-center justice society into a culture that wanted to help the victims of criminal offenses and make right the victimization that occurred (p. 402). New Zealand enacted the first victim compensation, when violent offenses were committed in 1963 (p. 402). The Criminal Injuries Compensation Act (CICA) mandated that victims of specified heinous violent crimes receive monetary awards to compensate for their pain and suffering (p. 402). This started a social awareness that transcended throughout the world, and United States, specifically California, adopted the first American version of the CICA in 1965 to assist victims of violent crime (p. 402).
Modern day state victim assistance programs require that crime victim’s meet certain criteria to qualify because crime has been a growing problem in America most states set a maximum limit they are willing to pay victims of terrible violent crimes (p. 402). Some states have established a minimum loss limit and a need only guideline, which means there is a limit of monetary awards a victim will receive, and the victim must prove hardship to qualify for assistance (p. 402). All states provide the possibility of compensation for medical assistance, wage-loss, and living expenses (p. 402). However, if a victim is partially responsible for their own victimization they will not qualify for any type of compensation under present guidelines set for victim’s compensation programs (p. 402). Traditionally most victim-witness programs are run by local volunteers who: “Help counsel victims and witnesses and introduce them to the justice process along with a multitude of other services that range from transportation to court, child care assistance while in court, and referrals to social services when additional help is needed” (p. 402).
Problem- Solving Courts and Restorative Justice
According to, the Office of Justice Programs (n.d.), if problem-solving techniques are implemented correctly they can “Reduce recidivism, reduce crime, improve coordination among justice agencies, enhance service to victims, and increase trust in the justice system” (para.
2). “The Community-Based Problem-Solving Criminal Justice Initiative aims to broaden the scope of problem-solving courts, testing their approach to wider defendant populations and applying key problem-solving principles (e.g., links to social services, rigorous judicial monitoring, and aggressive community outreach) outside of the problem-solving court context” (OJP, n.d., para. 3). Problem- Solving Courts are important initiatives to fund because they help keep society safe by trying to improve the recidivism rate. This will cause a reduction in crime, and justice agencies case-loads will lighten; thus, freeing up the justice system to advocate for crime victims, and restore faith within the criminal justice …show more content…
process.
Restorative Justice Program’s objectives are to help victims, offenders, and communities in a positive way allowing the acknowledgement of injury that takes place once a crime is committed within the community (Prison Fellowship International, 2008).
It insists that justice repair those injuries and the parties get to participate and be a part of the process (Prison Fellowship International, 2008). The restorative justice programs, therefore, enable the victim, the offender, and affected members of the community to be directly involved in responding to the crime (Prison Fellowship International, 2008). Restorative justice is another positive program that offers solutions to all parties involved providing a lasting impact on all parties
involved.
Conclusion
The victim role has had many transitions and significances throughout the different eras within the criminal justice system. The concept of victim within the criminal justice system is anyone who has experienced a personal violent criminal offense. America’s culture has seen both victim-oriented justice and state-centered justice system, but the social awareness started by New Zealand has left a permanent staple within Westernized culture in America; thus, many crime victim’s compensation programs has been established across America to help compensate victims who meet the hardship requirements. Both problem- solving courts and restorative justice programs are positive initiatives that try to help victims, offenders, and society by offering a variety of services and solutions to help minimize crime and the impact it has on communities.
Reference
Office of Justice Programs. (n.d.). Burea of Justice Assistance Community-Based Problem-Solving Criminal Justice Initiative . Retrieved from https://www.bja.gov/ProgramDetails.aspx?Program_ID=53
Prison Fellowship International. (2008). Centre for Justice and Reconciliation. Retrieved from http://www.pfi.org/cjr/restorative-justice/introduction-to-restorative-justice-practice-and-outcomes/briefings/what-is-restorative-justice
Schmalleger, F., Hall, D, E., & Dolatowski, J.J. (2010). Criminal law today: An introduction with capstones cases. (4th ed.) Upper Saddle River, NJ: Prentice Hall.