Victims Rights Legislative Critique

Victims Rights Legislative Critique

Introduction

The proposed bill focuses on the rights of crime victims whereby a crime victim is defined as any neutral individual determined by the court or prosecutor to have suffered direct mental or physical harm due to a violent crime attempted or committed against that individual or direct psychological or physical harm resulting from failure to adhere to Section 11-501 of the Illinois Vehicle Code or comparable provision of a local ordinance or violation of Section9-3 of the Criminal Code of 2012 or 1961(Rights of Crime Victims and Witnesses Act,2015). The main issues involving victims that this proposed bill is designed to address are justice and safety. The proposed bill aims at ensuring victims get justice by ensuring that they are actively engaged in the trial process. For instance, the proposed bill provides that victims have a right to be present at all court proceedings and during trial on the same basis as the accused and a right to be notified of the sentence, conviction, imprisonment, and release of the accused. In guaranteeing the safety of the victim, the proposed bill provides that a victim has the right to access reasonable protection from the accused through the criminal justice process.

Processes required for this legislation to work in practice

The main processes that would be required for this legislation to work in practice is raising awareness of the provisions of the bill and communication between the crime victim and his or her attorney. Creating awareness is important because it informs victims of their rights and what is required of them to ensure that they get justice. It also informs the victims of what their attorneys are required to do throughout the trial process and the limitations they have. Communication is important to ensure that the attorney confirms whether the victim has understood the provisions of the bill or not. It also assists in clarification of areas that the victim may have trouble understanding due to technical language. Crime victims also have the right to confer with an attorney (Crime Victims’ Rights Act,2016), hence creating a need for constant communication. Communication also allows the victim and attorney to agree on the steps to take in enforcing the rights of a victim throughout the trial process. According to Wemmers (2008), crime victims feel more fairly treated by the criminal justice system when prosecutors and police show interest in them, allow them to express themselves, and take their needs into consideration. This demonstrates that communication is important to create collaboration between the police, the crime victim, and the prosecutor for a fair trial.

Perspective on whether the section seems to have clear ways to enforce the victims’ rights if violations occur

The section seems to have clear ways to enforce the victims’ rights if a violation occurs because it provides the role of the victim and his or her attorney in such cases. It also provides the role of the court in enforcing the victims’ rights if violations occur. For instance, it states that the court is obliged to establish a suitable remedy for the victims’ violation of rights by listening to the victim and all parties involved while putting all aspects pertinent to the issue into consideration and then rewarding the victim with the appropriate relief. The section additionally offers clear ways of dealing with the violation of a victim’s rights by outlining what is included in an appropriate remedy. For instance, it states that the appropriate remedy only includes actions necessary to grant the victim the right to which he or she was entitled and may incorporate reopening proceedings that were previously held. It also outlines the limits that a court should not go beyond by stating that the court should not vacate a conviction in any event.

Recommendations on making enforcement stronger in the bill

The enforcement could be made stronger by including special rights for crime victims with disabilities and the elderly. People with various disabilities and the elderly are vulnerable to various crimes because they may not be in a position to defend themselves. The inclusion of people with disabilities in the criminal justice system has been an issue for a long time. According to Tyiska (2021), crime victims with disabilities hardly benefit from the justice system because police rarely report such crimes. The author adds that crime victims with disabilities also hardly get access to a fair trial because they have inadequate information about the legal procedures and their rights as crime victims. The bill should, therefore, add provisions on the victimization of crime victims with disabilities. The provisions should include the rights of these victims and remedies to be taken when their rights are violated. Articles 12 and 13 of the Geneva Convention provide that all states should acknowledge that people with disabilities have the right to legal capacity the same way as other people without disabilities in all aspects of life. The articles also provide that states should take the required measures to provide people with disabilities with the assistance they may need in exercising their legal capacity, guarantee that all actions relating to the exercise of legal capacity offer suitable and operational protections to prevent abuse and guarantee that people with disabilities have effective access to justice on an equal basis with others (Geneva,2021). Adding these provisions to the current proposed bill will make it stronger and more favorable for use by everyone.

Common victims’ rights that seem to be missing

One common victim’s rights that seem to be missing is the right to receive a consultation about or explanation of plea agreements. Victims should be heard either through a written statement or orally at the plea entry proceedings rather than just sending their attorney to inform them of the nature of a plea agreement. The second common right that seems to be missing is the right to submit a written impact statement. It is important to consider the impact of a criminal offense when determining the relevance and suitability of a plea agreement. A crime victim should be allowed to offer his or her opinion on the impact of the crime to guide the prosecutor in making a fair ruling.

Possible consequences of these missing rights

The consequence of not providing the right to receive a consultation about or explanation of plea agreements may result in unfair judgment because the prosecutor may not have all the facts about a case. When a crime victim is consulted about a plea agreement, he or she can evaluate it and determine whether the offender is being served the right punishment or not. If the victim is not satisfied with the provisions of the plea agreement, he or she is required to state the reason for the lack of satisfaction and convince the prosecutor why the plea agreement should not be considered. This then creates the need for an impact statement which is used to outline how the crime victim has been affected by the crime. Missing the right to submit a written impact statement, therefore, denies the victim the right to a fair trial. It further limits their participation in the trial because they are not given a chance to provide information that could be vital in determining the sentencing period that the crime offender should serve. This often results in frustration, and the crime victim may opt to appeal, thus making the case lag for a long time.

Labilities attach to those who violate these victims’ rights and recommendations regarding the possible liability of those who violate the rights of crime victims under this law

The main liability attached to the right to receive a consultation about or explanation of plea agreements is the victimization of the crime victim because he or she may feel left out in the criminal justice system. The other liabilities relate to the costs incurred in reviewing the case again and following the legal procedures when the crime victim appeals. Appealing not only creates additional costs but could also inconvenience the attorneys and crime victims because they have to spend more time in court until the judgment is made. The main liability attached to the right to submit a written impact statement is emotionally and psychologically tormenting the crime victim because they will feel that the offender was not punished appropriately and may have to live with that if they cannot afford additional costs that they may be required to meet when they appeal. Such costs include attorney fees and miscellaneous costs such as travel costs. I would recommend imposing heavy fines on individuals who violate these two rights.

Conclusion

The bill aligns with common victims’ rights I have learned about in the course because it considers crime victims’ safety and justice which are the main factors considered in drafting crime victims’ rights. The bill also provides guidelines on how the rights should be enforced, the roles of the affected parties, remedies to be considered in case of violation, and instances that may be viewed as violations of the rights. Most of the rights in the proposed bill are also similar to the rights in the Criminal Victims’ Rights Act in the course, such as the right to access reasonable protection from the accused.

References

Crime Victims’ Rights Act. (2016). Retrieved 8 September 2020, from https://www.justice.gov/usao/resources/crime-victims-rights-ombudsman/victims-rights-act

Geneva. (2020). International Principles and Guidelines on Access to Justice for Persons with Disabilities. United Nations High Commissioner for Human Rights. https://www.ohchr.org/Documents/Issues/Disability/SR_Disability/GoodPractices/Principles_A2_Justice.pdf

Rights of Crime Victims and Witnesses Act. (2015). Retrieved 8 September 2020, from https://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1970&ChapterID=54

Tyiska, C. G. (2021). Working with victims of crime with disabilities. https://www.ncjrs.gov/ovc_archives/factsheets/disable.htm

Wemmers, J. (2008). Victim participation and therapeutic jurisprudence. Victims & Offenders, 3(2-3), 165-191. https://doi.org/10.1080/15564880801938318

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No directly quoted material may be used in this project paper.

Project 1 requires you to assume the role of a system-based victim advocate working within a law enforcement agency or prosecutor’s office. In this role, your supervisor requests you to review a section of a newly proposed bill and offer a memo critiquing the bill’s language. This project requires you to cite course materials throughout your analysis to highlight and demonstrate your knowledge of crime victims’ rights learned throughout the first few weeks of the course.

Project 1—Victims’ Rights Legislation Critique

In your role as a system-based advocate, you have been asked to offer analysis on a new proposed bill in the jurisdiction of Virtual. For your Project in this course, you will be conducting a Victims’ Rights Legislation Critique in the form of a detailed memo to your supervisor.

Project 1— Victims’ Rights Legislation Critique

Your memo should review Sections 4 and 4.5 of the bill proposed in the jurisdiction of Virtual and must provide the following analysis:
Introduction: Based on your review of the proposed bill, what issue/s involving victims is this legislation designed to address?
What processes would be required for this legislation to work in practice?
Does the section seem to have clear ways to enforce the victims’ rights if violations occur?
What could make enforcement stronger in the bill? Consider special rights for vulnerable and special populations that we have addressed in the course.
What common victims’ rights seem to be missing?
What are the possible consequences of these missing rights?
What, if any, liabilities attach to those who violate these victims’ rights? What recommendations would you make regarding the possible liability of those who violate the rights of crime victims under this law?
Conclusion: Summarize how this bill aligns with the common victims’ rights you have learned about in the course.
2. You must cite to the course materials to support your analysis in your memo. Your memo should include a Works Cited with at least 5 resources from the course using the American Psychological Association (APA) formatting standards. (There are links to APA format standards under Library Services.)