Free Roles And Functions Of Individuals Essay Example
Victim & Crime Evaluation
Victim & Crime Evaluation
Even though the criminal justice system that is implemented in the United States of America is considered to be flawed, but still it is used to guide the criminal justice systems around the world. The criminal justice system can be described as a system where all the departments of the state are used to exert their power and maintain the social control within the society. These social controls are used to deter, reduce and eliminate the crime from the society. The criminal justice system, then endorse the individuals that are found violating the law with fines, penalties and punishments depending upon the seriousness of the crime. The criminals are also provided with the rehabilitation efforts to make them a better citizen once they have served their punishment (Evans, 2014).
Across the globe, the criminal justice system is comprised of the three main elements – courts, corrections, and legislative. Within these elements, there are certain important roles that each individual has to play, in order to make the criminal justice system function successfully.
The prosecutor's role
The role of the prosecutor in the criminal justice system is of utmost importance. A prosecutor is an officer of the court and an administrator of justice system, meaning that it is the prosecutor’s responsibility to use the sound prudence and an impartial attitude in successfully performing his duties. The prosecutors have two main duties and objectives to follow. One main objective is to provide justice and to convict the people who commit crime. As we know that the prosecutor is an officer who works in the court, he has to follow the certain standards and requirements of professional conduct that are pre-defined in the code of conduct legislation provided by the Bar Association. It is imperative that the prosecutor must adhere to these ethical codes of conduct in order to perform his job properly. The role of the prosecutor is critical, and he should ensure that his personal beliefs and likings must not favor the case and not impact his course of actions during the conviction. It is obligatory that the prosecutor follows the rules of law that have been established already and convict the accused individual according to the law (Evans, 2014).The defense attorney’s role
The defense attorney holds an important role in the criminal justice system. These are viewed to act as the anti-justice function of the criminal justice system, but this is not an accurate picture of the criminal justice system in the United States or else in any country is supposed to provide justice to people and convict the criminals rather than support anyone in a wrong manner. It is important that the rights of individuals are protected through the legislation. The major function of this role is to inform their clients who is the defendant about their basic rights that they possess in the legislation before the case begins and to advocate their bail if it is possible according to the situation (Research Digest, 2012). The defense attorney will also try to seek bail for their client is he or she in jail and will negotiate with the prosecutor to reduce the charges or even drop the charges for their client. The defense attorney’s another major role is to provide the best defense for their client in the court sessions. He should determine that the most appropriate defense is used for the client, and he should be the main person to make decisions on behalf of the client as far as the juror selection, witnesses, and any appeals are concerned (Evans, 2014).
The criminal and the victim’s role
The victims and the criminal are the two parties that play an integral role in the criminal justice system. The criminal is the one who has committed the offense, whereas the victim is the one who has suffered at the hand of the criminal. Over the past two decades, the right of the victims have changed dramatically. Previously, the victim’s main function was to launch a complaint and should be available when required for the trial and interviews. Now, these responsibilities of the victim have shifted (Research Digest, 2012). The victims now provide all the sources of information to the police, the defense attorneys as well as to the prosecutors. They have the legal right to be present at the trial and present a statement at sentencing. On the other hand, the main task of the criminals is to work with their defense attorney only. The criminals can only speak through their defense attorney and follow the instructions of their defense attorney only. Their major role is to provide all the information to their defense attorney, work with the judge and the lawyers. If they are found guilty of the crime, they have to serve the punishment or pay the fine / penalty as provided by the court (Evans, 2014).
Role of Victimization
The victimization has an integral role to play within the criminal justice system. The criminals have been known to apply self-victimization – justifying the inappropriate behavior they have actually been accused of committing. The act of self-victimization is done to manipulate others which prevent them to get punished. The process of victimization relates to the fact that the criminal tries to pretend he is the victim himself. The victim of the crime and his defense attorney are two main individuals that are related and part of this victimization process.
The Goals of Sentencing in each Role and Alternative Sanctions
The main goal of the prosecutor is to be able to obtain the strictest sentence that is possible and permissible under the law. On the other hand, the goal of the defense attorney is to get the least amount of time in jail, punishment or fine. The goal of the criminal is to receive no punishment at all or receive a little sentence only and follow the advice that is given by the defense attorney. The victim’s goal is that the criminal should receive the punishment that is just according to the crime he has committed (Research Digest, 2012).
The goal behind alternative sanctions is that it should be determined first that whether a reasonable option is available or not. The alternative sanctions can be defined as the sentencing options ranging between probation to incarceration. The consideration is given to the crimes that are committed to non-violence. In this case, every individual who is involved in the case provides the court with his recommendation regarding the alternative sanctions. The final decision regarding the punishment is in the hands of the judge. The main aim to use alternative sanction is to use it for the people who are not considered a major threat to the general public or society as a whole (Research Digest, 2012).
Recommendation for Victim Rights
The recommendation in this regard will be to provide as many rights as possible to the victims. The technology must play an integral role in giving rights to the victims, for example, with the help of DNA testing. The DNA testing has turned out to be vital in proving who is innocent and how needs to be convicted. Victims should be allowed to raise a voice in their case with the help of technological breakthroughs.
Evans D. (June 2014) Compensating Victims of Crime, Research & Evaluation Center John Jay College of Criminal Justice, http://www.justicefellowship.org/sites/default/files/Compensating%20Victims%20of%20Crime_John%20Jay_June%202014.pdf
Research Digest (2012) Victims of Crime, Government of Canada, http://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rd5-rr5/rd5-rr5.pdf