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
type of crime. As a result of this, back in 2006 the victims bill of rights was created, and has been a huge role in victims’ rights. In fact, the term victims are not used, they are referred to as the injured parties (William, Canton, & Hancock, 2007). Moreover, for instance those that have been harmed are injured or killed are victims. Furthermore, a defendant is a person against whom formal criminal proceedings have been commenced and who has not yet been sentenced (Cape, Newburn & Neyroud 2008). Again, both victims as well as defendants due to situations that has made them become victims and defendants have rights and those rights are to be followed.

It is an unfortunate that people commit crimes and other people like victims are the ones that end up getting hurt.
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,
2016”).

These rights were created and eventually generated from sources in order to maintain these rights.
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
offense.

In sum, with the volume of crime that occur on a daily, comes are the victims of that crime and the defendants that has committed the offense. The way things were back over 30 plus years ago, victims and defendants did not the rights that they do now. Giving that victims are people that has been a victim of a crime, do deserve and are entitled to have rights. They have been wronged in many ways and not only do they have rights, the do have the entire legal system backing them up. On the out skirts of victims’ rights, defendants also have rights that the US government has implemented. The defendants are protected under the 4th, 5th, 6th, 8th & 14th amendments of the US constitution. This analysis defined who are victims and defendants, went over the rights of victims and defendants in a criminal trial process, and provided the source for these rights under state and federal levels.