Current Legal Issues related to Criminal Law such as (Economic Offences in India.

Rights of Victims in Criminal Justice and

Witness Protection Laws

Sathyavani Ponrani Vs. Samuel Raj & Anr. in Cri. O.P. (MD) No. 5474 of 2010

Debate the importance of victims having a voice in the legal process.The changing judicial
systems across the globe are an important factor that we all shouldembrace. The victim, at
times described as the, “the forgotten man of the criminal justice system” today has
become a great concern of our contemporary society. The shifting of the

CRIME VICTIMS9criminal justice system at least to some level of modest degree, from a
two-sided caption of,“State vs Defendant” model to another level of three-sided model
in which the victims ofcrime are free enforcing their own rights.This ki nd of chall enge
has been long overdue, as t he vi ctim s of crim e have thei r independent concerns
in the legal process that ought to be given recognition. The most interesting issue is
the transitioning of our criminal justice system, in fits and starts, from deterring crime
victims from any role but allowing them to be heard, independently of the prosecutor, in
their defence of own interests.In the Crime Victims’ Rights Act (CVRA), the crime
victims are entitled to seekingappellate review of a denial of any of their rights under the
act and this can only be put intopractice in a free justice system where victims of crime are
allowed to personally engage inthe criminal justice process.It is of salutary development
when this kind of involvement takes course within our justice systems. The argument
that victims can be heard and should only be heard throughfiling of amicus brief isn’t
sufficient in substituting for the ability to directly participate in enforcing right in a criminal
case.The presence of a crime victim in a case is a sign of maturing crime victims’
rightmovement and possibly signals that victims will be further integrated under criminal
justicesystem in the years coming. Integration of the voice of the victim in the justice process
takesnot hi ng awa y fr om t he defendant s o r t he prosec ut ors, b ut adds t reasur ed
al t ernat i veperspective that courts ought to consider.

CRIME VICTIMS are the only participants in the criminal justice system
who did not, by their own action or choice, put themselves there. At the
same time, they are often the most impacted and endangered participants
in the system. The Massachusetts Victim Rights Law ensures that victims
have access to their rights and information throughout the criminal
prosecution of the offenders charged with crimes against them. The Victim
Rights Law also gives victims a meaningful role in a criminal case and a
specific right to be heard on sentencing. Victims should be provided the
same meaningful opportunity to be heard today, as policy makers consider
changes to sentencing and release practices during this legislative session.
The law allows crime victims the opportunity to tell the sentencing judge
about the impact a crime has had on them physically, emotionally, and
financially, as well as offer their thoughts on the appropriate sentence.
While the impact statement does not direct the judge’s decision-making, it
must be considered as a sentence is imposed. A victim’s insights ensure
that a judge sees the full effect of the defendant’s actions and learns about
the violent crime’s often devastating impact on a victim’s ability to go to
school or work, sleep soundly, pay their bills, support their family, or
maintain the positive social connections that all of us need to live a happy
life.

The victim can also express his or her views on sentencing. A victim who
knows the defendant, for example, may have important information about
the need for probationary conditions that promote the victim’s safety or the
offender’s treatment needs. While the court views sentencing on a
spectrum – comparing crimes and offenders to each other when fashioning
a sentence – victims do not. For a victim, the crime committed against
them is often the worst event of their life. The impact statement allows that
victim to express their view of justice to the court, often comparing who
they were before the crime to who they are in its wake.

victims' rights often come at the expense of defendants' rights

who are victims

victims not always innocent

pro victim
retribution and reformation
impact of victim personality
threats to victim – to take back case
certainty and uniformity
role of emotional psychological physical and economical
the use of victimstatements in criminal justice decision making may cause increases insentence
severity”,20 and as such, leads to the imposition of unjustpunishments on the offenders.

The range of punishmentsprescribed for every penal offence is designed to match the impact
level andthe nature of the crime. And penal provisions must have been logicallydevised after
judicious and sagacious consideration of numerous factors,among others, the multitude of
possible impacts that the criminal may causeto its prey.

step into the shoes of judge (girl example)

factors such as its linguisticconstruction, the appearance, facial expression and the intonation of
thegiver, the person's relation to the victim, the emphasis of the prosecuting orthe probation
authorities in rendering their comments etc44. In summary, thedemeanor and visible
characteristics of the testifier plus the language of thedocument plays the role rather than the type
of information available to thecourt

Generally, the most powerful right granted to the victim of a crime is being
allowed to contribute their input into the sentencing process. This is because it
allows the victim to make their voice heard and advocate for what they believe
to be the appropriate punishment for the crime committed against them. To do
this, a victim must submit a Victim Impact Statement to the court, prior to
sentencing, which details their opinion of what the sentence should be. This
statement can be presented orally, in written form, or electronically (in some
jurisdictions). Additionally, if the victim is unable to present their opinion, like in
a homicide, the victim’s family may be allowed to make their own statement.

reasonable forcibility

victim impact statement (how to write) victim impact statement writing

competition.

Personally I think it has no good impact on Justice. If the punishment they prescribed truly fit the crime
there would not be a need for any vindictive statements by the victim. It should be self evident what the
damages were. All of the people hearing the trial are already putting themselves in the victims shoes.

Also, it seems to me that this would bring about a level of unfairness in the justice. Youre basically
saying that if the person has a heartwarming enough story to tell that the punishment should reflect
that? That seems like a slope towards discrimination really. Example: A crying mother looks more hurt
than a crying young man. Should one get a longer prison sentence served on their defendant than the
other? Where does that stop really? Race?

But plain and simple ... I don't think it does anything but offer the victim some sort of
revenge (not sure if that's healthy or not ... totally different debate). It seems to me it
actually invites selective justice based on the level of performance you were able to put on
in the courtroom. Justice, though, should be equal and fair. If they're doing it proper ... they
should be referencing previous cases and prescribing similar punishments. If ever they
prescribe something lesser ... they are spitting on all the previous victims aswell (though
they're no longer around to feel it).

The punishments should not increase based on a victims statement ... but based on the
frequency of occurrence and the overall damage of the deed. The victim is really the worst
person to ask damage-wise because their opinion is obviously skewed. Judges need to know
they are serving justice to more than just this crying woman in the corner ... this isn't just
justice for her ... its justice for everyone.

if we say victim statement does not effect then whats the use of it, its pointless time
consuming