Question
PLEASE HELP ME RESPOND TO A STUDENT'S POST BELOW IN ONE OR TWO SENTENCES. Victim involvement is important during criminal trials for two reasons. First,
PLEASE HELP ME RESPOND TO A STUDENT'S POST BELOW IN ONE OR TWO SENTENCES.
Victim involvement is important during criminal trials for two reasons. First, it allows the victim's voice to be heard. There are cases where the victim's voice is overlooked during the criminal justice process. By allowing the victim to participate in the criminal proceedings, you prevent them from losing their right to justice (Eres, 2004). Secondly, the victim's involvement is important because their statements help jurors determine the guilt or innocence of the offender (Anderson, 1997).
The negatives surrounding victim involvement are plentiful. Having victims face their attacker can most likely cause increased mental health strain such as anxiety, depression and suicidal thoughts (Parsons & Bergin, 2010, p. 183). Parsons & Bergin (2010) stated, "Reporting a crime to the police can be distressing; recounting experiences in court is often traumatic, and failure to prosecute a case may leave victims feeling embittered and disappointed" (Parsons & Bergin, 2010, p. 182).
With regards to the restorative justice theory, I believe that the criminal justice system should only foster a dialogue between offender and victim in certain situations, and it must only occur if given permission by the victim(s). For example, if there is a murder trial and the victim's family has received justice, they may feel inclined to have a "forgiveness" conversation with the offender. The rationale behind the restorative justice theory, in my opinion, is to prevent acts of vigilante justice. Not all victims receive justice, but with restorative justice protocols, they could receive closure.
References
Anderson, J. F. (1997). Will the Punishment Fit the Victims? The Case for Pre-Trial Disclosure, and the Uncharted Future of Victim Impact Information in Capital Jury Sentencing. Rutgers Law Journal, 28(4), 367-434.
Eres, E. (2004). Victim Voice, Impact Statements and Sentencing: Integrating Restorative Justice and Therapeutic Jurisprudence Principles in Adversarial Proceedings. Criminal Law, 40(1), 483-490.
Parsons, J., & Bergin, T. (2010). The impact of criminal justice involvement on victims' mental health. Journal of Traumatic Stress, 23(2), 182-188. https://doi.org/10.1002/jts.20505
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