5-1 Discussion: Ethical Obligations to Victims

What are the ethical obligations of a law enforcement professional to a victim? What are the legal obligations to victims in your state?

Based on the current ethical and legal obligations to victims, is a victims’ rights amendment to the U.S. Constitution necessary? Use facts to support your reasoning.

Then, respond to the posts of at least two peers and state why you agree or disagree with their assessment. You may use outside resources to support your opinion.

To acess textbook

https://mbsdirect.vitalsource.com/#/

Username kyleseth@ymail.com

Password MaX0802!

7 days ago

Textbook: Criminal Law Today, Chapter 13
This chapter reviews the definitions of crime victims and assesses how organizations, individuals, and government agencies have worked to develop rights for crime victims.

A short historical perspective of victims’ rights is also discussed.

Article: About Victims’ Rights
This website reviews the historical development of victims’ rights in the United States, as well as current victims’ rights information. The article also reviews constitutional amendments associated with the rights of crime victims.

Article: Issues: Constitutional Amendments
This website provides a brief overview of victims’ rights legislation. It also allows you to select your own state and review laws currently in place for crime victims.

PDF: History and Overview of Rights and Services for Federal Crime Victims Within the United States
This paper provides a complete overview of historical federal crime victims’ legislation as well as the rights currently available to victims of crimes prosecuted by federal authorities.

The paper provides specific information on how major federal agencies, such as the FBI, work with victims of crime.

Peer post 1

Today, law enforcement is taking extra measures to support crime victims such as specific personnel to assist the victims. The police assistance may range from soothing the victims, helping them to gather their clothes, to locating a place to stay for the night.

Furthermore, they explain the judicial process to the victim, assist them with obtaining an order of protection if needed, medical treatment, and transportation to court. Certain states that have crime victim advocacy laws, the victims of crimes are entitled to the right to be treated with response and dignity; the right to be notified of all judicial proceedings; the right to be present at the hearing; and the right to issue a victims’ impact statement during the sentencing phase of the hearing, as well as compensation (Raines, 2010).

  • Police escorts to and from court;
  • Secure waiting areas separate from those of the accused and his/her family, witnesses and friends during court proceedings;
  • Witness protection programs;
  • Residence relocation; and
  • Denial of bail or imposition of specific conditions of bail release—such as no contact orders—for defendants found to present a danger to the community or to protect the safety of victims and/or witnesses.

State of Connecticut

  • Notify them of offender of court dates
  • Ask them what they want to happen in the case
  • Provide them with a card or paper with essential information.
  • Provide a list of programs and assistance
  • Any rehabilitation of the offender
  • Judgements of the court
  • They can sue for compensation- reimbursement

The state pf Connecticut offers a verity of support tools for victim’s they can find online various methods and opportunity for victim’s.

They can be found on the link provided below including sites and videos to let them know they are not alone and have opportunities.

Link- https://www.jud.ct.gov/pub.htm#OVS

The right’s don’t need to be in the constitution, but do need to be made clear. Many have suffered and went without the support they need. As the literature has explained in past time it led to self destruction or the term “eye for an eye” they went after their own justice. They need support and to know what they went through matters and they will get justice and the support they need.

References:

O. (n.d.). Victims Right. Retrieved March 31, 2019, from https://www.victimlaw.org/victimlaw/pages/victimsR…

Raines, J.B. (2010). Ethics in policing: Misconduct and integrity. Sudbury, MA: Jones & Bartlett.

Schmalleger, F. J., & Hall, D. E. (2014). Criminal law today (5th ed.). Upper Saddle River, NJ: Prentice Hall.

Peer post 2

Within 72 hours after a victim files a crime report, the assisting local law enforcement officer shall provide the victim with the following:

  • a list of local emergency and crisis services;
  • the name and phone number of the officer and the agency handling your report;
  • the name and phone number of the prosecuting attorney;
  • the procedural steps in a criminal prosecution;
  • the availability of victim’s’ compensation benefits;
  • a listing of your rights as a victim including a form to insure you are given your rights;
  • the existence and eligibility requirements of restitution and compensation;
  • a recommended procedure if you are subject to threats or intimidation as a victim.

A crime victim also has a right to:

  • notification of all criminal proceedings and charges filed against the defendant, with the exception of initial appearance, and the right to be present at all proceedings;
  • necessary information regarding the appropriate agencies from which you may request information;
  • an explanation of the pre-sentence report and the right to make a written or oral statement to the probation officer, and a right to review the pre-sentence report;
  • be notified of the time and place of any sentencing hearing and to make a written or oral statement, or present any information at a sentencing proceeding or any other proceeding as authorized by law;
  • information regarding the return of any property taken;
  • be provided the date of conviction, acquittal or dismissal of charges against the defendant and the sentence imposed;
  • refuse an interview or other communication with the defendant, his attorney or anyone acting on his behalf;
  • the status and results of any post conviction appeal
  • be provided a waiting area separate from the defendant, his relatives and defense witnesses if available and practical;
  • submit a statement to be entered into the inmate’s records that you are to be notified of release, on bond, from prison, escape, re-arrest or death of prisoner;
  • information regarding collection of restitution;
  • any release opinion by the Alabama Department of Mental Health;
  • be notified of any Pardon and Parole Board hearings and the right to be present and heard at such hearings.

( All information is from my source) Source#1 Alabama Crime Victim’s Bill of Rights by VOCAL 2005-2019 https://vocalonline.org/services/alabama-crime-victims-bill-of-rights

I am honestly not sure if Victims rights need to be in the constitution. I believe something needs to be in place to make sure that victims of a crime are helped out as much as possible. But, then I also have seen people play like victims and get innocent people into a lot of trouble with the law and then the real victim is punished for their rest of their lives for nothing. So for the actual victims I believe there needs to be something done.