CJA394_WK3_Court issues and vicims' right
CJA394_WK3_Court issues and vicims' right
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Date Created: 11/15/15
Running head COURT ISSUES amp VICTIMS RIGHTS Court Issues amp Victims Rights Brittnie K Livingston CIA394 October 14 2014 Luis Cintron University of Phoenix COURT ISSUES amp VICTIMS RIGHTS 2 Court Issues amp Victims Rights The court systems in the United States are closely linked hierarchical systems and are operated under the authority of the United States Constitution and federal law The court system is a way of ensuring that laws are followed while ensuring that justice is served to the individuals committing crimes The court system in the United States is far from perfect nevertheless it is a system that works and the best available system The court system allows all defendants to exercise his or her constitutional rights for example there is a right to an attorney security against double jeopardy and protection against selfincrimination There is on the other hand some issues that are causing problems such as the speediness of trying cases the perceived insensitivity to victims39 rights and the ongoing problem of language barriers Language Barriers As the United States continue to grow so will the cultural diversity Cultural diversity brings many challenges to the table for the criminal justice system For example many cultures have different morals ethical principles and most importantly the language barriers that the components of the criminal justice system are faced with on a daily basis The United States court system plays a large role in society when resolving all criminal and civil issues As society continues to grow it will also become more culturally diverse than it has ever been before It is important to have the suitable skills present in all areas of the criminal justice system to maintain an order to preserve the rights of all individuals involved When dealing with laws or individuals who have broken laws and the criminal justice system does not have the proper translation many things can and will go wrong Starting with the law enforcement level an officer is unable to communicate properly with an individual if COURT ISSUES amp VICTIMS RIGHTS 3 there is a language barrier is involved The officer may think that that the individual is behaving erratically or yelling at the individual could cause the officer to use combative force to resolve the matter Even in the courtroom misinterpretation or misunderstanding something like a question could indicate in the wrong translation of a person39s testimony This is the main reason it is so important to have proper translating services in the entire law enforcement agencies and courtrooms The right to a fair trial is an umbrella term which includes several rights intended to prevent the use of excess authority by the state in criminal trials BrownBlake 2006 In one part of the Sixth Amendment it reads quotIn all criminal prosecution the accused shall enjoy the right to be informed of the nature and cause of the accusation and confronted with the witnesses against himquot US Const amend VI There is no portion in the constitution that specifically state the courts must hold court proceedings in a language the accused understands On the other hand there are other parts in the constitution that indicate the notion of a fair trial and through a make of judicial decisions the courts allow the defendant to have an interpreter for example the case of US ex re Negron V New York BrownBlake 2006 During this case the court found the defendant guilty after hearing 14 witnesses testimonies There were 12 out of 14 testimonies that were not translated to Spanish for the defendant who did not speak or understand English The appellate court ruled the lack of interpretation during the trial led to the defendant39s inability to quotrespond to specific testimony which would inevitably hamper the capacity of his counsel to conduct effective cross examinationquot BrownBlake 2006 p 392 Certified Interpreters in the Courtroom COURT ISSUES amp VICTIMS RIGHTS 4 With the increasing amount of diversity in the United States brings a number of cultures and languages In a court setting if the defendant does not understand English the court will ensure that the defendant gets an interpreter who both understands and speaks the language of the defendant Even though it is easier to find a Spanish interpreter in just about every jurisdiction in the United States some courts struggle to find certified interpreters for ASL Micronesian Ethiopian along with many other languages that are spoken less often in other areas in comparison to Spanish Numerous courts pick to conduct hearings over a video display unit for accommodation purposes Instead of bringing an interpreter to appear in court the court brings an interpreter administrative via telephone and conferences them into a video display proceedings The judge will educate the mediator to decipher for him or her and also for the defendant Courts must guarantee defendants are mindful of the charges they confront so he or she can settle on educated choices about the case including lawful insight safeguard and entering a plea The primary venture to guarantee a defendant comprehends is to guarantee the court processes is in a language the defendant understands State of Hawaii39s Victims39 Rights During the 1970s courts saw casualties of criminal acts as unfortunate setbacks of developing criminal movement victimized people39s rights were for all intents and purpose non existent Amid the 1970s individuals composed help supportive networks and support associations to help casualties of law violations Additionally amid the 1970s numerous exploited people did not know whether police captured a suspect or if courts sentenced somebody included for their situation Numerous exploited people had no information if police COURT ISSUES amp VICTIMS RIGHTS 5 recuperated their stolen property or in the event that they would get payment to affirm in court because they missed work By the year of 2000 there were 49 states that passed a Victim39 Bill of Rights also previous presidents Clinton and GW Bush embraced changing the Constitution to guarantee victimized people39s rights in court transactions including sentencing parole and compensation By the year 2004 Congress passed the Crime Victim39s Rights Act which ensures victims39 rights during federal court proceedings Muraskin amp Roberts 2009 As of today all 50 states including Hawaii along with many United States territories have a victims39 right act within the statutory codes Hawaii at this time does not have a victims39 rights amendment to the states constitution Senate Bill 509 was introduced on January 18 2013 and was unanimously reported out of committee favorably without amendments on February 7 2013 quotState Victims39 rights Amendmentsquot 2012 In Hawaii Crime Victims39 Right Laws members or relieves of member of a crime have the right to be informed of all decisions notified by prosecuting attorney if not proceeding as scheduled receive protection from all threats or harm help with gaining financial or other assistance needed secure waiting areas for all court proceedings to have any stolen or personal property expeditiously returned to the rightful owner and lastly to be informed of To be informed by the department of public safety of changes planned by the department in the custodial status of the offender quotHawaii Victims39 Rights Lawsquot 2014 Each one of these rights is to ensure that the victims39 and victim39s family are being protected informed helped getting personal belongings returned and helping serve justice It is a way of making sure that the COURT ISSUES amp VICTIMS RIGHTS 6 individuals who are involved are protected and get the proper help that is needed to recover and move on from a traumatic event 801D1 Legislative Intent quotIn recognition of the civic and moral duty of victims and witnesses of crimes to cooperate fully and voluntarily with law enforcement and prosecutorial agencies and in further recognition of the continuing importance of such citizen cooperation to state and local law enforcement efforts and the general effectiveness and wellbeing of the criminal justice system of this State the legislature declares its intent in this chapter to ensure that all victims and witnesses of crimes are treated with dignity respect courtesy and sensitivity and that the rights extended in this chapter to victims and witnesses of crime are honored and protected by law enforcement agencies prosecutors and judges in a manner no less vigorous than the protections afforded criminal defendantsquot quotHawaii Victims39 Rights Lawsquot 2014 The casualty of a wrongdoing has the right at any court proceeding including any juvenile court moving ahead not to affirm in regards to the victimized person39s location phone number spot of vacation or other spotting data unless the victimized person particularly assents or the court requests exposure on finding that a convincing need exists to unveil the data A court continuing whether to request a statement should be on camera A defendant may not force any witness to a wrongdoing at any court progressing including any adolescent court undertaking to affirm with respect to the witness39 location phone number spot of work or other spotting data unless the witness particularly assents or the court requests exposure on finding that a convincing requirement for the data exists A court is continuing whether to request revelation might be in C II lCI39 COURT ISSUES amp VICTIMS RIGHTS 7 When determining a date for any criminal trial or other critical criminal or adolescent equity listening to the court might consider the investments of the casualty of a wrongdoing to an expedient determination of the charges under the same gauges that oversee a respondent39s or minor39s entitlement to a fast trial The casualty of a wrongdoing has the right to a fast demeanor of the charges free from outlandish deferral created by or at the command of the respondent or minor and to provoke and last determination of the case after the attitude or conviction and sentence including brief and last finish of all security assaults on attitudes or criminal judgments In decision on any movement by a respondent or minor to proceed with a long ago settled trial or other imperative criminal or adolescent equity listening to the court might ask into the circumstances obliging the deferral and consider the diversions of the casualty of a wrongdoing to a rapid attitude of the case In the event that a continuation is truly the court might enter in the record the particular explanation behind the duration and the systems that have been taken to maintain a strategic distance from further defers Victimized people and witnesses including kids and their watchmen have the right to be educated and aided as to their part in the criminal equity process All criminal equity organization has the obligation to give this data and aid Exploited people and witnesses have the right to convenient notice of legal incidents they are to go to an auspicious notice of undoing of any processes Criminal equity organizations have the obligation to give these notices Resistance insight and others have the obligation to give auspicious notice to arraignment of any continuations or different changes that may be needed It is imperative to remember the criticalness of victim39s rights and the right to have a trial Understanding the court processes guarantees a litigant can stand up to his or her prosecutors COURT ISSUES amp VICTIMS RIGHTS 8 and may interview witnesses who may affirm against him or her Exploited people right now have a more prominent feeling of communicating their voice in the criminal equity process This may bring conclusion to the victimized person in which they are no more a quotdetailquot or an quotoverlookedquot repercussion of criminal movement Courts and parole sheets consider the affirmation of victimized people before sentencing Parole sheets additionally consider a victimized person39s confirmation preceding giving or denying a criminal39s parole A percentage of the laws re ecting exploited person rights are the right to be available at the court methodology to decrease to talk with guard direction or a resistance examiner and to seek after common activity for harms On the off chance that victimized person rights laws did not exist this could result in exploited people not to stand up in light of the fact that they could be frightful of their wellbeing on the off chance that they did Not just is an exploited people feeling of individual wellbeing lost yet there is additionally mental and perhaps the material misfortune likewise included By permitting the exploited people to seek after common activity this in a few ways could give the exploited people a feeling of some closure COURT ISSUES amp VICTIMS RIGHTS 9 References BrownBlake C 2006 Fair Trial Language and the Right to Interpretation International Journal on Minority and Group Rights 134 391412 Retrieved from httpav4kc7fg4gsearchserialssolutionscomezproxyapollolibrarycom ctXverZ39882004ampctxencinfo3Aofi2Fenc3AUTF 8amprfridinfosid summonserialssolutionscomamprftvalfmtinfoofifmtzkevzmtxz j ourn alamprftgenrearticleamprftatitleFairTrial 2CLan guageandtheRi ghttoInterpretationamprft j titleInternationalJ ournalon MinorityandGroupRightsamprftauBrownBlake 2CCeliaamprftdate2006amprftpubMartinusNijhoffPublishers 2CanimprintofBrillamprftissn13854879amprfteissn1571 81 15amprftvolume13amprftissue4amprftspage391amprftepage391amprftexternalDBIDn 2FaamprftextemalDocIDn2FaampparamdictenUS Hawaii victims39 rights laws 2014 Retrieved from httpslawlclarkedulivefiles4940hawaii Lawrence F Travis III 2012 Introduction to criminal justice 7e Retrieved from Lawrence F Travis III CJA394 website State victims39 rights amendments 2012 Retrieved from httpwwwnvcaporgstateshawaiihtm Victim Law 2013 About Victims39 Rights Retrieved from httpswwwvictimlaworgvictimlawpagesvictimsRightj sp
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