Cja 305 - Victims and Crime Evaluation

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The final phase of the criminal case is sentencing. The prosecution, defense attorney, victim, and the criminal have similar, yet very different goals in the sentencing phase. The prosecution wants the defendants to receive the highest or maximum sentence that is allowed per the crime. The prosecution is there to assist the courts with determining the appropriate sentence for the offender by providing the mitigating factors, victim-impact statements, and making any and all necessary submissions within the guidelines specified by the courts.

The victim, in most cases wants the offender to obtain the maximum amount allowed based on the nature of the crime committed. There have been some instances in which some states who uphold the death penalty, the victims can request that the judge not impose this form of punishment onto the defendant. The court and prosecution would like for the victim to feel a sense of satisfaction with the sentencing of the criminal.

The defense attorney would like to see his or her client be acquitted on all charges. The defendant also wants to be acquitted, however, if this is not the end result, the defense and the defendant needs to obtain the minimum sentence allowed for the specific crime charged with. The sole purpose and goal of the defense attorney is to protect his or her clients’ rights, ensure that if convicted, rehabilitation and reform are optional resources for the defendant.

Intermediate sanctions, also known as alternative sanctions, is the “use of split sentencing, shock probation and parole, home confinement, shock incarceration, and community service in lieu of other, more tradition forms of sanctions like imprisonment and fines” (Schmalleger et al, ret 2015). Because of alternative sanctions this can reduce the cost of government resources and maintain inmate populations. With reductions in inmate populations, this can also benefit the community, as tax dollars incorporated within the community are used in assisting inmates rehabilitate. It can also assist in avoiding shame regarding a prison sentence, in the offenders’ point of view, and increasingly help with the rehabilitation of the offender.

Victims’ rights play a major role within the criminal justice system and criminal law. Rights are in place for the victim, in which to provide the victim with necessary resources and information to heal from the pain and suffering caused by the victimization. There are some recommendations that I would include with victims’ rights to make certain there is an efficient and convenient process for the victims involved. I believe that a national victims’ network working within the criminal justice system or our governmental agencies would be able to more effectively assist in victim’s needs. It would also be beneficial to make one national website for victims to go that would have access to all resources and proper information so that it stands correct and provide misinformation. Also more national attention to victims’ rights and advocating for victims on a nationally public level would help to inform more people on the needs of victims after being victimized. It will also help spread awareness to those who don’t know anything about victims’ rights.

References:

Canadian Resource Centre for Victims of Crime. (2005). The Impact of Victimization. Retrieved from http://www.crcvc.ca/docs/victimization.pdf

Mississippi Department of Corrections – Division of Victim Services . (n.d.). A Handbook for Victims of Crime in Mississippi. Retrieved from http://www.mdoc.state.ms.us/handbook%20for%20victims%20of%20crime.htm

Criminal law today: An introduction with capstone cases. (4th ed.) Upper Saddle River, NJ: Prentice Hall.