Reference no: EM133710788 , Length: word count:500

Discussion

This week's topic should resonate with those who have a specific interest in working with victims. Victims of crime are important to consider at every level of the criminal justice system. Victims had few rights and were treated very poorly by the system until recent years. As leaders in the criminal justice field it will be important for you to have a thorough understanding of these issues.

View the Roberta Roper interviews. She is the parent of a murder victim and has spent the last 3 decades fighting for victims' rights as a result of what happened to her daughter and how her family was treated by the criminal justice system. Roberta Roper Interviews

Please discuss the following questions:

-- What did Roberta Roper identify as the key issues with the treatment of victims?

-- What is a victim impact statement and why is it important? What statutory and constitutional rights do victims now have? (Cite your sources.)

-- Most importantly, what can you do as a criminal justice leader to further victim's rights?

Michael
This week's discussion is about victims' issues based on an interview with Roberta Roper whose daughter was murdered. Ms. Roper spend decades fighting for the rights of victims and their families after her experience dealing with the criminal justics system.

What did Roberta Roper identify as the key issues with the treatment of victims?

Ms. Roper learned firsthand the problems with how the criminal justice system treated victims and their families in the early 1980's. Crime victims and their families were often after thoughts in the justice system. This was realized from the very beginning when, the Roper family learned the gruesome details of their daughter's murder through a news story rather than official notification by the police department and/or someone who could provide spiritual guidance. This was more painful for the family than needed. Once arrests had been made and the case was progressing through the courts the lack of concern for victims and their families continued to be evident. Ms. Roper learned that she had to advocate for herself and her murdered daughter. Even a good prosecutor, as Ms. Roper describes, did not make the family aware of any services or what their role may be in the court case. From seemingly intentionally limiting space for the friends and families of the victim to the testimony allowed in the case, it was evident that the pain, suffering, and loss experienced by the Ropers was not taken into consideration. The courts were very open to hearing the side of the defendants and their families while dismissing the testimony of the Ropers as 'inflammatory'.

-- What is a victim impact statement and why is it important? What statutory and constitutional rights do victims now have? (Cite your sources.)

A victim impact statement is a written or oral statement made by the victim or the victim's family describing the emotional, financial, and physical impact of the crime on the victim and their families. It is a chance to address the court to give the personal details of the negative effects of the crime on the victims. The victim impact statement is important in giving the court and jurors a complete understanding of the full impact of the crime and to put a face to the victim of the crime, it gives a truer understanding of the loss.

Ms. Roper discusses the importance of the Maryland Constitutional amendment, adopted in 1994, that ensures victims' rights. According to the Maryland Crime Victims' Resource Center, Inc. this amendment requires that the state make victims aware of their rights to be present and heard at all court proceedings. ("History of victims' rights in Maryland," 2020) It is now required that victims be treated with "dignity, respect, and sensitivity" during the entire process of the justice system, according to the Maryland General Assembly's website (mgaleg.maryland.gov). Maryland also has many statutory guidelines ensuring that victims will be notified of hearings, potential releases, and continue to have their voice heard throughout the process.

-- Most importantly, what can you do as a criminal justice leader to further victim's rights?

As a leader in the criminal justice field, we must follow the statutory and constitutional guidelines regarding the rights of the victims and their families. We should ensure that all sides are treated fairly, the defendant has their presumption of innocence and we as leaders should ensure that a complete and thorough investigation should be completed, and a trial is conducted fairly. We also need to treat victims and their families with dignity and respect. Open communication is key, we should provide as much information as we can to the victim or family provided that information does not jeopardize any investigation and that the family is able to handle the information. We do not want to cause the family any more pain and suffering than is necessary. We need to ensure that the victim or their family not only is aware of their rights but understands them as well. No matter our role in the justice system, as a leader we need to set expectations by our staff on how everyone we deal with should be treated.

Mark

-- What did Roberta Roper identify as the key issues with the treatment of victims?

Generally speaking, Mrs. Roper spoke about there are many rights afforded to the offender which should be afforded to victims and their families. More specifically, Mrs. Roper identified:

The right to be informed of their victim rights

To have an attorney represent their interest in their rights

To have documentation of the victims rights

Enforcement of victims rights by the courts (Maryland Crime Victims' Resource Center Inc., n.d.)

-- What is a victim impact statement and why is it important?

"Victim impact statements describe the emotional, physical, and financial impact you and others have suffered as a direct result of the crime. Victim impact statements can be either written or oral statements." (Criminal Division of the U.S. Department of Justice, 2023)

--What statutory and constitutional rights do victims now have?

There are two federal laws that memorialize the rights of victims:

The Crime Victims' Rights Act (18 U.S.C § 3771) of 2004

The Victims of Crimes Act (42 U.S. Code Chapter 112) of 1984 (Pretrial Justice Center for Courts, 2020)

-- Most importantly, what can you do as a criminal justice leader to further victim's rights?

I would continue the same method we currently utilize in the U.S. military, which is to provide victims and even witnesses a copy of the DD Form 2701, Initial Information for Victims & Witnesses of Crime. We also describe the form to an alleged victim after providing it to them and them we track the fact that one was provided.