It is a new dawn for the victims since at long last; their right has been recognized by all the state and the federal government. These government arms have passed a law to establish a set of the rights of the victims. The victims’ rights protection is the sole reason behind the establishment of these rights. However, other quarries which the bill will address are inclusive of certain information being availed to the victims, and also the limited role of the victims during criminal justice process is also addressed ( Shelton, 2015). The jurisdiction laws still dictate these rights since it provides a platform for prosecution and investigation of this crime. In this case, any individual who suffers directly or is harmed directly by a crime committed by a fellow person is recognized as a victim. The victims of felonies are the ones who are given much weight by the victim’s right bill. Under some circumstances, the victims of misdemeanorsare also given consideration. However, the significant issues remains on whether all rights of the victims are covered under this section. This is a major concern in this memo.
The victim’s issues being addresses
The victim’s bill of the right has been purposely created and established to address injustices and denials the victims of crimes faces during their persecutions and trial proceedings. The first issue address in this bill is the right to restitution. This is a law of the gains-based recovery where the defendants are required by the court of justice to give up their gains to claimants ( Shelton, 2015). In this case, the offenders must pay the victim for all the damages the victim faced as a result of the crime committed and the victim's involvement. The second notable victim’s issue the bill addresses is the inclusion of the victims in the court or the criminal’s proceedings. Under this case, the victims during the crimes proceeding will have the right to speak and also ask questions during the proceeding. Also, the victim’s protections from threats or any other vulgar or criminals associated motives is also a core issue in this bill of right. Under this law by the specification of the jurisdiction, the victim may receive some protection inform of restraining orders, police escorts, witness protection arrangements and even relocation from their original homes ( Hall, 2013).
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Alternatively, the victims under this bill have the right to reclaim prompt personal properties. At some situations, the properties of the victims are usually frozen by the officers who are later used as evidence against them in the court of law. Under this new bill, the officers must return to the victim's such properties to restore their sense of security and also to avoid further victim’s inconveniences. Also, the victims will now be able to freely apply for the compensations as this bill give them full right to do so. During the process of criminal investigations and cases proceeding, victims find themselves using some money or resources such as during traveling, low wages and even funeral expenses. Under the new bill, the victims now have the rights to ask for compensation from such cases as stated by Fattah (2016).
The victims under this bill of right have the right to be informed to ensure that they make a personal decision and they look for nay help in term of resources to be used during the entire process. Also, the victims should be informed of their rights to be compensated, the available servicers and resources they should be using as well as any other relevant information deemed necessary. They should receive notices on the following issues; appeals from the offenders, trials, release, and escapes of the criminals, sentencing, bail proceedings and many others.
Processes would be required for this legislation to work in practice
Actions are better done than spoken. This is the dilemma that the state and the federal government together with the entire justice system will have to face to ensure that the bill is in place and is practicable. According to this bill, the court at any time when handling a case preceding where a victim is of the crime is involved shall ensure that the victim receives all the rights mentioned in this documents. These are inclusive of rights to protection, information, compensation, engagement, and many others. Also, in a situation where the court feels that the victim should be excluded from the proceeding, the court shall assess any possible alternatives to the exclusion of the victims from the proceedings ( Funk, 2015).
Does the section seem to have clear ways to enforce the victims' rights if violations occur ?
This section has a very clear strategy on how the victim’s bill of right shall be implemented in case of any breach. On the event of the sections violation after the enacting the law of victim’s right, the compliance committee shall be alerted. This is a committee which is in charge of ensuring that all victim cases act by this section. The complaints on a violation shall be received by the designated administrative authority that will carry out the investigation before action is taken.
What could make enforcement stronger in the bill? Consider special rights for vulnerable and special populations that we have addressed in the course
According to this right of the victim’s, the enforcement can be done by the individual victims of the crime. Alternatively, the individual crime victim’s representative can take part in enforcement in case the victims are missing. However, the enforcement can even be stronger if the training for the victims to become part and parcel of this law enforcement team shall be accorded. In this case, the right of each person whether able or disable shall be inclusive.
What many victims' rights seem to be missing? What are possible consequences of these missing rights?
The common victim right which is entirely omitted from the list is confidentiality. The victim has a right to make a judgment on whether to be informed or not. Informing the victims against their wish is against the privacy right. This can further compromise the victim’s security and enhance the sense of fear among them.
What if liabilities attach to those who violate these victims' rights? What recommendations would you make regarding the possible responsibility of those who violate the rights of crime victims’ under this law?
An individual with liability is in a position to be compensated by the government for the wrongful action committed against him/her by an officer. In case individual with liability go against this law, he/she automatically loses his/her liability right though he/she may not be detained. My recommendation at this point is based on the sensitivity of the law and rights hence, despite of having liability or not, the culprit should face the law as asserted by Tomuschat (2014).
Conclusion
In conclusion, many victims often find themselves on the wrong side of the law due to the minimal protection and fewer laws that to guide them. Many people have fall victim in the court of law and end up being punished with long-term imprisonment yet they are an innocent due lack of chance to express themselves during the preceding. For this reason, this law has come as a relief to many victims who have been oppressed and suffered due to inability to prove their innocence. The bill also will reduce murder cases, oppression, blackmails and many other discriminatory behaviors the victims usually receive from their counterparts.
References
Fattah, E. A. (Ed.). (2016). Towards a critical victimology . Springer.
Funk, T. M. (2015). Victims' rights and advocacy at the International Criminal Court . Oxford University Press.
Hall, M. (2013). Victims of environmental harm: Rights, recognition and redress under national and international law . Routledge.
Shelton, D. (2015). Remedies in international human rights law . Oxford University Press, USA.
Tomuschat, C. (2014). Human rights: between idealism and realism . OUP Oxford.
