Victims Rights Vs. Criminal Rights Argumentative Essay by Master Researcher

Victims Rights Vs. Criminal Rights
A look at the rights of the criminal over those of the victim.
# 36594 | 2,150 words | 7 sources | MLA | 2002 | US
Published on Oct 12, 2003 in Law (Criminal) , Criminology (General)

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This paper argues that the rights of the victim must be upheld in favor of the rights of the criminal. The writer looks at the current situation in which the rights of criminals are upheld in all courts and, due to loop holes in the judicial system, innocent people sometimes go to jail while the guilty roam free. An example is also given of a victim whose family has suffered all their lives because of the crime that was committed, while the perpetrator was sentenced to only seven years in jail. The writer argues that victims should be given a stake in the sentencing process and that their rights should always precede those of the criminal.


From the Paper:

"The government needs to do more in support of crime victims. In the present environment only those who have committed a crime or are the subject of an investigation of a crime have rights.
"Many of the amendments protect the rights of criminals, but forget to mention the rights of victims. For example, the Sixth Amendment, which guarantees a person accused of a crime the right to a speedy and public trial, allows the rights of the accused to take precedence over the rights of victims. The state protects society as a whole from crime, but it does not deal with individual victims. The state is good at dealing with potential victims but not real victims. [1]
"Critics claim that the victims' rights are amply protected by a spiraling number of federal and state statutes, and they promise to strengthen. Further, no decision of the Supreme Court militates against the most muscular victims' rights laws. It is stated that the Constitution has retained its sacredness and accessibility largely by confining its voice either to basic political architecture or to fundamental individual rights historically threatened by popular majorities. The government is entrusted with the prosecution and punishment of criminals. The interests of the community in the timing of the trial, the granting of immunity and the severity of the sentence frequently transcend the private wishes of the crime victims."

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