Читать книгу Criminology For Dummies - Steven Briggs - Страница 79

What happens when someone in the justice system violates one of these rights? In many states, the answer is nothing. Victims’ rights often don’t have any teeth. However, a number of states have begun to enact laws to give victims some recourse in the event that they believe their rights have been violated. Even so, protecting victims’ rights can quickly become complicated.

Picture this scenario: A victim is notified that the defendant who attacked her is about to be arraigned. She doesn’t attend the hearing because the victim advocate told her that nothing significant usually happens at an arraignment. But at the arraignment, the defendant receives the plea offer and decides to take the deal and be sentenced. The victim clearly hasn’t been notified of the sentencing proceeding.

Should the judge go forward with the case? Or should the judge slow down the whole system and schedule a new hearing so that the victim can be notified and given the right to be present? The judge faces a choice between achieving greater efficiency and notifying the victim. In an overburdened system, the temptation to quickly resolve the case is great. If the judge decides to go forward with the case, the victim doesn’t have much recourse.

A few states, however, have created mechanisms through which victims can file complaints about violations of rights. For example, for certain serious crimes in Colorado, if a victim feels her rights were violated, she can file a complaint with a committee responsible for enforcing victims’ rights. The committee may conduct a hearing to assess the facts. If it determines that a violation occurred, it may issue recommendations to resolve the complaint. For instance, if a prosecutor failed to notify a victim of an important hearing, the prosecutor’s office may be required to create a formal policy for victim notification and to train its staff on how to notify victims. Although these kinds of repercussions may not do an individual victim much good, they do help to improve the overall system.

Although almost everyone in the criminal justice system is in favor of protecting victims, in reality, the system sometimes sees victims as complicating factors. After all, they can slow down the process and create extra political pressure on judges and prosecutors. However, given the fact that victims were ignored for so long, the fact that they now have some power in the courtroom is a great step forward. After all, an innocent victim who is forced into the criminal justice system against her will is entitled to have the system slow down a little to make sure she receives justice.