Crimes Victim's Rights, Free Essay Example

Today, there is a near-universal consensus that all people should be offered certain fundamental rights under all circumstances. Such rights are inclusive of civil liberties as well as political rights with the most fundamental being the right to life and protection from physical safety. Human rights are considered to be an expression of the need for justice, mutual respect, tolerance as well as human dignity. As such, having rights allows people to express the ideology that all people are a part of the latitude of morality and justice. This research is a composition of the rights entitled to victims of crimes such as the crime of domestic violence.

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Rights Guaranteed to Victims

There are eight fundamental rights that are entitled to victims of any form of crime. Such rights are inclusive of the right for a person to receive a reasonable protection from the accused. Also, the victim has the right to be notified about any public court or parole proceedings that involve a crime, escape or release of the accused person. Additionally, the victim has the right not to be excluded from all forms of relevant court proceedings unless under special circumstances clarified by the court. The victim also has the right to be reasonably heard at any public proceeding in a public district court.

That is if the case involves the victim's release, sentencing, plea as well as parole proceedings. Victims have the right to confer with an attorney in case they are charged with a crime. Also, victims are also entitled to a full as well as timely restitution as it is provided in law by the constitution. Additionally, victims have the right to have and participate in court proceedings related to their case, without any form of unreasonable delay. Ultimately, all victims have the right to be treated with decency, fairness as well as respect so as to safeguard their dignity and privacy during any form of legal proceedings.

Actions to Take If Individual Rights Are Violated

All persons should report all forms of human rights abuses. Additionally, this is because if such cases are not reported on time, the investigation of such cases may be delayed or hindered entirely and in the process delay the justice for the victim. In addition, there are two primary steps that should be followed by a victim of crime when reporting a crime involving the violation of his/her right. First, he/she should go to the police and report the matter and in the process, state the human rights which he/she believes have been violated. Second, the victim should state the facts of the crime as far back as possible in a chronological order of their occurrence.

When stating the facts of the human rights violation, the victim should state the date, time as well as a place of the incidence. He/she should also provide the names and positions of the crime perpetrator and also identify the place of detention if applicable. The victim can also provide the names as well as addresses of all witnesses that saw the perpetration of the crime. Also, he/she should also issue any other relevant information that can help in identifying and apprehending the human right violation perpetrator. If a victim of a human right violation is not aware of the steps to take in reporting the crime, he/she can seek advice from organizations that deal with the violation of human rights.

Organizations to Report the Violation of Human Rights

There are a number of organizations where victims of human rights can report the crimes. However, reporting of such crimes should be dependent on the human right that has been violated. Examples of the organizations that deal with the violation of human rights include the Children's Defense Fund, Amnesty International, Human Rights Watch as well as the Human Rights Action Center among others. Victims of human rights violation can obtain the contact information for such organizations from the Internet or through the local telephone directories at the post office.

Restraining Orders and Mandatory Arrests

When dealing with cases of domestic violence, restraining orders and mandatory arrests are not enough. Additionally, this is because restraining orders cannot end an abusive marriage or domestic partnership since it is not a divorce. Also, restraining orders cannot establish the parentage of a victim's children unless the restrained party consents to submitting his/her parentage to the victim. Lastly, restraining orders cannot protect the victim from retaliation attempts by the domestic violence perpetrator. Examples of such retaliation could be the destruction of the victim's property, hurting or killing his/her pets or stalking the victim among others.

Mandatory arrests in cases of domestic violence are also not enough. Additionally, this is because they the law enforcement personnel dealing with such cases situationally tend to arrest both parties until the victims are identified. Also, victims of domestic violence, mostly women, who tend to pursue charges against their abusive partners tend to face many obstacles with the complex and confusing legal process. Moreover, women tend to be treated more leniently during arrests made on domestic violence claims and at times, they could be the perpetrator of the abuse in the relationship. Ultimately, lack of safety in abusive relationships sometimes tends to make the victims take the issues into their own hands, which often results in physical harm or death of the involved persons.

Rights and Laws Involved in Domestic Violence Cases

Domestic violence laws offer the criminal justice system the rules to prosecute individuals that have caused emotional as well as physical harm to others within their family or close relationships. In the United States, there is one primary law that offers the court system a guideline on prosecuting perpetrators of domestic violence. The law is the Violence Against Women Act (VAWA) that was passed by the United States Congress in 1994 (Abrahamson & Cantrell, 2012). The law recognizes domestic violence as a national crime and offers protection to women in the nation against such form of violence

Victim's Rights, Compensation Programs, And Prevention Programs for Victims of Domestic Violence

One in every three women and one in every four men in the United States have experienced domestic violence from an intimate partner or close relative (NCADV, 2018). Such a high statistic means that having a prevention and compensation program that helps victims of domestic violence is important. There are a number of programs focused on helping the victims of domestic violence that exist in my State. Among such programs that operate in my state and nationally include the national Teen Dating Abuse program, the National sexual assault program, and the stalking resource center among others.

The National Center for Victims of Crime program is also a nationwide program that has regional branches in my State. The program is a national organization that helps domestic violence victims by being an advocacy for them against their abusive partners (Lockhart & Danis, 2010). Also, the program ensures that all victims enlisted in the organization get a fair compensation for their suffering from their abusive partners. That is by offering essential legal advice to the domestic violence victims, which they can use to seek retribution in the national justice system institutions. Lastly, the stated national wide program helps the victims of domestic abuse to rebuild their life after going through domestic tribulations.

Description of How the Programs Help the Victims of Domestic Violence

The stated programs help victims of domestic violence in coping with the emotional trauma that is left with them even after leaving behind the abusive domestic environment. Also, in the case of victims that are still in their abusive environment, such programs can help the victims to build their self-esteem and also recognize instances of abusive in their relationships. Lastly, the programs that deal with domestic violence also offer the crime victims professional counseling and therapy to help them overcome their tribulations in their abusive relationships.

Conclusion

In conclusion, human rights are considered to be an expression of the need for justice, mutual respect, tolerance as well as human dignity. Subsequently, having rights allows people to express the ideology that all people are a part of the latitude of morality and justice. Examples of rights entitled to victims include the right to receive a reasonable protection from the accused. Also, the victim has a right to be notified about any public court or parole proceedings that involve a crime, escape or release of the accused person. Victims also have the right to confer with attorneys if they are charged with a crime and they are also entitled to a full as well as timely restitution as provided by the constitution. In the event individual's rights are violated, persons should report the matter to the police or seek help from human rights protection programs like the Children's Defense Fund, Amnesty International, and Human Rights Watch. Also, the Violence Against Women Act (VAWA) is the primary law in the United States that protects victims from abuse through domestic violence.

References

Abrahamson, J., & Cantrell, R. T. (2012). Violence Against Women Act: Elements and Considerations. New York: Nova Science Publishers, Incorporated.

Lockhart, L. L., & Danis, F. S. (2010). Domestic Violence: Intersectionality and Culturally Competent Practice. New York: Columbia University Press.

NCADV. (2018).Violence: National Statistics. Retrieved from National Coalition Against Domestic Violence (NCADV): https://ncadv.org/statistics