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fandomhigh2010-04-06 05:48 am
glasses-justice.livejournal.com) wrote in fandomhigh2010-04-06 05:48 am
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Concepts of Justice and The Law [Period 4, Class #13, Apr 6]
"As you've certainly realized by now," Alex began, "I'm fond of raising issues in this class that seem straightforward at first, but become anything but once we explore. This week is no exception: we're going to talk about something well-intentioned in theory that has problematic implications. Our topic is Victims' Rights."
Conveniently, that was written on the board, and underlined.
"We've talked in the past about what rights the accused may have, in the hypothetical society we're discussing. The right to counsel, or the right to be charged in a timely manner, and so forth. Many victims of violent crimes feel slighted. The criminal gets all these rights, they'll say: where are their rights? As the victim, shouldn't they have larger roles in this piece?
"The Victims' Rights movements varies in its scope and its aims. On one end, you have people who wish to be fully informed about the process, consulted by the prosecution, and given the respect and dignity to which they are due. On the other, you have those who argue there should be three parties in the courtroom -- the defendant, the prosecution, and the victim, all with separate legal counsel arguing the relevant points. Some believe that the victim should be able to veto any sentence or plea agreement which he or she feels is insufficient, or to interfere with the timeline of the trial.
"As a prosecutor, I speak for the victims, but I also speak for justice. Justice isn't vengeance. Justice also isn't emotional, while many victims quite understandably are. A grieving father may push for capital punishment, in a case where the prosecution feels it isn't warranted. A battered wife may reconcile with her abusive spouse and ask the prosecution to drop the charges. As the victims, should their wishes be the ultimate say? What if the grieving father had asked us to chop up the defendant and boil him in hot oil?
"The rights of the accused protect an individual from the full weight of the government. A defendant's rights must never be compromised, or we risk tipping the scales of Blackstone's Formulation -- having ten innocent men imprisoned lest one guilty man goes free, and not the reverse. But clearly the victim has rights, and their voice should be heard and given full consideration by the court. So what are those rights, and how will they affect our hypothetical trial?"
Conveniently, that was written on the board, and underlined.
"We've talked in the past about what rights the accused may have, in the hypothetical society we're discussing. The right to counsel, or the right to be charged in a timely manner, and so forth. Many victims of violent crimes feel slighted. The criminal gets all these rights, they'll say: where are their rights? As the victim, shouldn't they have larger roles in this piece?
"The Victims' Rights movements varies in its scope and its aims. On one end, you have people who wish to be fully informed about the process, consulted by the prosecution, and given the respect and dignity to which they are due. On the other, you have those who argue there should be three parties in the courtroom -- the defendant, the prosecution, and the victim, all with separate legal counsel arguing the relevant points. Some believe that the victim should be able to veto any sentence or plea agreement which he or she feels is insufficient, or to interfere with the timeline of the trial.
"As a prosecutor, I speak for the victims, but I also speak for justice. Justice isn't vengeance. Justice also isn't emotional, while many victims quite understandably are. A grieving father may push for capital punishment, in a case where the prosecution feels it isn't warranted. A battered wife may reconcile with her abusive spouse and ask the prosecution to drop the charges. As the victims, should their wishes be the ultimate say? What if the grieving father had asked us to chop up the defendant and boil him in hot oil?
"The rights of the accused protect an individual from the full weight of the government. A defendant's rights must never be compromised, or we risk tipping the scales of Blackstone's Formulation -- having ten innocent men imprisoned lest one guilty man goes free, and not the reverse. But clearly the victim has rights, and their voice should be heard and given full consideration by the court. So what are those rights, and how will they affect our hypothetical trial?"
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