Victim Participation In Criminal Justice

Both victims and witnesses are important players in international criminal proceedings. Historically, victims were not involved in the criminal justice process. Victim participation has to be limited and restricted in regards to investigation and prosecution. Impact statements now exist in the United States, which grants either immediate victims or victims of the family the ability to speak before the jury, the judge, or the convicted defendant. They are able to express themselves; giving them the opportunity to confront the perpetrator who has drastically impacted their lives. This includes parents, husbands, wives, and children of those who are victims of horrific crimes such as murder and rape. This role of the victim occurs before sentencing, not the actual conviction. The purpose of this is not to influence the judge in his choice of sentencing, but to give the victim a chance to voice their feelings openly and freely which will maybe result in some type of closure. Victim impact statements have only been around for 20 years, granting the …show more content…
When a crime is committed the state is ultimately the victim and the one pressing the charges against the defendant. The two methods utilized to respond to the needs of the victims are recognized as the ‘service’ perspective and applying specific ‘procedural’ rights. These methods are noted in the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. The rights of ‘service’ focus on both physical and psychological related needs of a victim, as well as post-trauma assistance. Protection of victims under the ‘procedural’ rights follow certain rights enabling victims to “contribute to prosecution, to obtain restitution or reparation, and to obtain various forms of satisfaction.” The ad hoc Tribunals focus mainly on the ‘service’ aspect and the ICC Statute focuses on the increase of the ‘procedural’