Assessment of Cadets’ Understanding of Crime Victims’ Rights- A Historical and Evolutionary Perspective

Assessment of Cadets’ Understanding of Crime Victims’ Rights- A Historical and Evolutionary Perspective

Introduction

Understanding people’s perspectives on the effectiveness and efficiency of the criminal justice system requires reviewing their responses to various issues relating to the process followed to achieve justice and victims’ rights. This field interview was conducted in Hidden Terrance, San Antonio, Texas, on 10^th September 2021. The interviewee was a victim advocate working in the Texas RioGrande Legal Aid agency. The agency’s contact information is +1210-212-3700. The agency is a nonprofit organization whose mission is to promote the self-sufficiency, dignity, stability, and safety of low-income people of Texas by providing high-quality civil legal help and related educational services. The interviewee’s name was Bob, who is among the employees serving crime victims in San Antonio. The general services provided by the agency are legal, educational services, and legal services such as attorney representation. The main challenge the agency is currently facing is inadequate funds to maintain operations because most of its clients request free legal services. Bob frequently interacts with crime victims to inform them about their rights and gather information about a crime and its effects after they call the agency seeking representation. The agency receives phone calls from individuals looking for legal representation during a typical day, holds face-to-face conversations between legal service providers and potential clients, and timed sessions offering legal and educational services to inform clients about their rights.

Interviewee’s view on the role of a victim in the pursuit of criminal justice

The interviewee views the role of the victim in the pursuit of criminal justice as the defining factor in determining whether the victim gets justice. The interviewee stated that the victim’s role in the pursuit of criminal justice is to be a witness of the prosecution as a civilian in the criminal justice system. Victims are required to provide testimony about what happened to them without being granted a choice as to whether they would like to share information, and the terms on which they would like to do so So, soothed interviewee stated that victims have an obligation to provide information to help in settling on the best judgment. They also have a role in reporting a crime to the police and collaborating as eyewitnesses to help capture a suspect (Zaykowski, 2014). The interviewee also stated that the victim has a role in testifying in the trial and presenting a victim impact statement. A victim impact statement enables the victim to describe the emotional or physical harm and economic loss or property damage a victim suffered due to a crime. It gives the victim a voice in justice administration by allowing them to explain to the offender and the court how the crime affected them.

Interviewee’s opinion of the efficiency and effectiveness of the prevailing victims’ rights laws in their jurisdiction

The interviewee stated that prevailing victims’ rights laws in their jurisdiction are efficient and effective because they are applied without discrimination at every stage of the criminal justice process. The interviewee also stated that the laws are effective and efficient because they place corresponding responsibilities on the local and central government on individuals charged with the role of managing the criminal justice system and other agencies that are in contact with the victim and individual practitioners. They also help avoid discouragement on the part of victims of crime and ensure that everyone working in the criminal justice system shows respect and understanding for their needs, concerns, and interests. The interviewee stated that the efficiency and effectiveness of prevailing victims’ rights laws in the jurisdiction could be improved by ensuring that all individuals in the criminal justice system comply with these laws. This is because most frontline staff in the criminal justice system deny victims their rights, especially when they want to close a case within a short time. He also stated that recognizing that compliance with these rights should be a top priority, hence establishing agencies to help victims secure their rights. He mentioned that in his jurisdiction, the Victims’ Rights Compliance Efforts reviews the programs set aside to assist victims in securing their rights and applies different strategies to offer remedies to crime victims whose rights have been disregarded by the system. His jurisdiction has also appointed a crime victims watchdog to advocate for impartiality and fairness for victims looking for services in the judicial system. The watchdog retains the power to investigate a victim’s claim of inappropriate or unlawful activity on the part of victims’ service providers and criminal justice (Spalek, 2006). The efficiency and effectiveness of the victims’ rights are further enhanced by the existence of a committee in the interviewee’s jurisdiction that is in charge of overseeing the implementation of victims’ rights throughout the court process.

The committee reviews non-compliance reports, determines if there is a bias, and conducts hearings when appropriate to determine if there is a basis in the complaint’s fact. Additionally, it establishes conditions and findings to resolve a complaint if the identified agency does not comply with the victims’ rights and refers any appeals of the decision of the subcommittee to the coordination committee. Emphasis is made on closely observing a victim’s actions and the criminal justice system’s response to ensure a suitable determination of a victim’s charge. There is a collaborative working relationship among the different participants in the criminal justice system, an honest review of victims’ issues, and a shared dedication and approach to improving the criminal justice system.

Interviewee’s attribute of the absence and reluctance of victims in criminal justice processes’ participation

The interviewee mentioned different factors contributing to the absence or reluctance of victims to participate in the criminal justice process. One of them was a lack of awareness about where to report. Most victims are not aware of the formal procedures that should be followed to report a crime and about alternative third-party reporting strategies. When they are informed about reporting options, victims may be confused about how such mechanisms work, discouraging them from reporting. Victims may also feel discouraged to report a crime because of their indirect or direct knowledge about what happens when a victim reports a specific crime.

The second factor was fear of consequences. The interviewee stated that victims are insecure about reporting crime because they fear that something bad may happen to them or create personal harm due to retaliation from the perpetrator. Victims may also fear that reporting a crime could have a negative impact on an existing relationship, especially with the perpetrator. This mainly occurs in the context of unequal power relations and dependency. Most victims do not report when the perpetrator is a family member or spouse.

The third factor is the lack of trust in statutory agencies. The interviewee stated that most crime victims have low expectations and distrust in the response by justice agencies. Most of them do not trust the police, hence developing disbelief in the usefulness of reporting, worrying about the treatment of the staff on the frontline, and having negative expectations about the response provided by the police. Victims rarely get justice or a positive response after reporting a crime, and most of the time, they are not updated about the progress of their cases. The lack of support systems also creates a reluctance to report crimes, especially for victims looking for protection and contention. The interviewee also mentioned that victims fear that they may not be taken seriously or they will receive negligent or unjust treatment from the frontline staff in the criminal justice system. They think that they will not be believed or that the staff in the criminal justice system will not be willing to help them because of their gender, age, or race. Victims also have a distrust of police because of the perception that the police lack the necessary training and comprehension of the needs and reality of victims of different crimes.

Interviewee’s understanding of crime victims’ rights and the history of the movement

The interviewee had a deep understanding of crime victims’ rights and the history of this movement. He indicated that these rights exist to protect victims through legislation such as the Criminal Code’s testimonial aids provisions, but the practical application is not consistent and can rely on where the trial is held. He also mentioned that in some instances when efforts are being made to enhance the protection of victims, disclosing a victim’s information may interfere with the safety of the victim. The interviewee indicated that victims should be understood and be allowed to understand their roles and rights. He stated that crime victims’ rights ensure that victims get complete and accurate information throughout the criminal justice process, from the stage the investigation begins to the corrections system.

The interviewee also indicated that there is a need for clarity on the source of information in the criminal justice process and to set minimum standards on the time the information is to be provided. The interviewee mentioned that crime victims’ rights are important because victims look for respect and consideration from the personnel in the criminal justice system. Victims require a right to legal representation provided through legal aid throughout the criminal justice system. The interviewee stated that crime victim’s rights are also important because crime victims look for greater opportunities to participate in the criminal justice system. They do this by giving investigators information that is unknown to anyone else, plea bargaining, and providing their opinion on a perpetrator’s conditional release, hence the need to protect them. The interviewee added that the right to restitution from the offender exists, but victims are not yet aware that they have a right. Victims need assistance and time to request restitution, and once a decision is made, there is a need to enforce restitution orders. The interviewee stated that the crime victim’s movement was founded due to the 1960s rising social consciousness that empowered the 1970s idealistic generation. According to Beloof (2012), the movement grew stronger by deriving its strength from social forces and leadership from unique individuals, some of whom had survived tragedy and brought unique insight and compassion as witnesses to the tragedy.

References

Beloof, D. E. (2012). Victims’ rights: A documentary and reference guide: A documentary and reference guide. ABC-CLIO.

Spalek, B. (2006). Victims’ needs and victims’ rights. Crime Victims, 115-133. https://doi.org/10.1007/978-0-230-20450-8_7

Zaykowski, H. (2014). Mobilizing victim services: The role of reporting to the police. Journal of Traumatic Stress, 27(3), 365-369. https://doi.org/10.1002/

ORDER A PLAGIARISM-FREE PAPER HERE

We’ll write everything from scratch

As part of your role as a system-based advocate, you have been asked to assess the officers’ and other community-based partners’ understanding of crime victims’ rights through conducting various surveys and individual interviews of cadets who have recently completed the academy. For Project 2, you will be interviewing one person in the allowable categories and providing a narrative summary of your analysis of the interviewee’s understanding of the crime victims’ rights movement and the history and evolution of this movement over time. This analysis will be provided in a paper that addresses the required questions and analysis below.

Assessment of Cadets’ Understanding of Crime Victims’ Rights- A Historical and Evolutionary Perspective

Project 2—Field Interview: Description

Allowable interviewee categories:

Representative of a victim service organization (can include a victim advocate, case manager, or crime victims’ rights attorney);
Prosecutor (within the civilian criminal justice system);
Law Enforcement (within the civilian criminal justice system);
Judicial Officer (requires that they oversee a criminal docket); or
Defense Attorney (within the civilian criminal justice system).
It is important that the candidate you select has enough consistent interaction with crime victims to offer you enough information for your analysis.

Following your interview, write a narrative paper that explains your assessment of the person’s work and perspective/knowledge of victims’ rights. Include an analysis of where their perspective is victim-centered or could be improved. A large part of this project is for you to see what service providers and system players do on a day-to-day basis and analyze how it impacts their perceptions of victims and/or changes their interactions with victims. You must include at least five (5) citations to instructional course materials/reading assignments that you have accessed in the course. Incorporating these supportive references into your analysis is key to demonstrating what you are learning in the course and how it helped shape your analysis during and after the interview.