Corrections and Victims Rights

Corrections and Victims’ Rights

CRJ 410 Corrections

Strayer University

Corrections and Victims’ Rights

Prior to the Crime Victim’s Rights Act of 2004, victims had few legal rights to be informed, present, and heard within the criminal justice system. Victims did not have to be notified of court proceedings or of the arrest or release of the defendant, they had no right to attend the trial or other proceedings, and they had no right to make a statement to the court at sentencing or at other hearings. Moreover, victim assistance programs were virtually non-existent. Since then, there have been tremendous strides in the creation of legal rights and assistance programs for victims of crime. Today, every state, the District of Columbia, and several territories have an extensive body of basic rights and protections for victims of crime within its statutory code (victimlaw.org, 2018). Victims’ rights statutes have significantly influenced the manner in which victims are treated within the federal, state, and local criminal justice systems.

One way this Act affects how victims are treated is through the right to attend proceedings. The victim’s right to attend proceedings generally includes the right to attend the trial, sentencing, and parole hearing of the offender, but may include other proceedings as well. This right is important to victims, who often want to see the criminal justice process at work. Another way the Act affects how victims are treated is in the method of compensation. Crime victim compensation is a government program designed to reimburse victims of violent crime for their out-of-pocket expenses relating to the crime (victimlaw.org, 2018). Probably the most important way that the Act affects how victims are treated, is through the right to be heard. Such participation is the primary means by which victims play a proactive role in the criminal justice process. When a crime victim is allowed to speak at the sentencing hearing, or to submit a victim impact statement regarding the impact of the offense on the victim and the victim’s family, there is an acknowledgment by the criminal justice system of the personal nature of the crime and of the harm suffered.

Protection of the victim, through this Act, is provided through the right to be informed. Victims have the right to be informed of various legal rights, including the rights to: attend a proceeding and/or submit a victim impact statement; sue the offender for money damages in the civil justice system; have a court order that they be protected from the offender and/or the offender’s family and associates; and collect witness fees for their testimony, among others (victimlaw.org, 2018). Unfortunately, not all states fully provide for this but instead offer minimal aspects of the right to be informed. For example, nearly every state notifies victims of the trial date and time and the sentencing hearing. Fewer notify victims of the offender’s release on bail. Following conviction, most states notify victims of the offender’s parole hearing or parole release, but only a few notify victims of an offender’s pardon or commutation of sentence. If all states were required to fully inform the victim of anything involving the offender and release or escape, then we could all agree that the victim’s rights act truly protects the victim because it allows for the victim to be prepared or seek further emotional psychological, or physical protection.

A Victim Impact Statement is a written or oral statement presented to the court at the sentencing of the defendant. Victim Impact Statements were created as an opportunity for the judge to hear how a criminal action has affected you and those that you love. Victim Impact Statements are not limited to the courts. Many times, probation or paroling agencies allow for an opportunity to present a statement as well. So, the question is, do victim impact statements affect sentencing and parole hearings? According to Mary Lay Schuster and a WATCH study, victim impact statements do make a difference just not in the areas one hopes. The victim impact statement does, however, add value to sentencing and parole hearings. “The judges and advocates interviewed for the two-year study point to their value in helping victims to reach emotional closure; bringing the humanity and reality of the victim into the courtroom; educating the court, defendant, and observers about a crime’s personal toll; and offering pertinent information for the conditions attached to the final sentence” (Schuster & Propen, 2006). Crime victims have their own independent concerns in the legal process that ought to be recognized. Their voice brings an alternative perspective that courts should consider. By allowing victims to participate, we are helping them to bring closure to the event that caused them injury, and this promotes healing. It is very important that victims have a voice if for nothing more than to bring peace back into their lives.

Our job is not to punish.

The job of the corrections officer is defined by their ethical and professional conduct. All officers are required to uphold the best standards in their operations while also identifying the unprofessional ones. Correctional officers are not meant to punish individuals but to correct and rehabilitate before returning them back into society. One of the cornerstones of the code of ethics requires the responsibility of each correctional personnel to acquire the informed consent of the individual who is to participate in their rehabilitation. Rehabilitation is not a forced participation; this means that clients have the freedom to choose whether or not to enter into treatment provided through a correction program.

Legal liability issues.

It is very important that correctional officers and institutions adhere to the laws of the United States particularly when it comes to constitutional laws and the inmate. When developing procedures for the facility, we must ensure to eliminate conflicts of interest with state regulatory measures. It is the ethical responsibility of each officer to be in compliance with not only the standards of the facility, but also with state and federal laws and regulations in order to eliminate the types of liability issues that may arise through violations of what constitutional rights inmates do possess.

The rules don’t apply.

It is the ethical duty of corrections officers to report any corrupt or unethical behavior that is displayed by other officers. This is vital to the safety of the institution and all who work there and inmates who reside within the walls. All officers have the duty to promote rules and procedures that contribute to a work place that is safe, healthy, and free from harassment of any form.

There are several ways to ensure that correctional employees adhere to the ACA Code of Ethics. One way is through annual certification. By having all employees participate in classes that teach the Code of Ethics and how to apply them in the day-to-day procedures of the facility, and to their position, we are fostering a focus on ethical care of duty. This annual class finishes with testing that renews the employees’ certification and helps to keep the Code fresh in the minds of those who work in corrections. Another way is by honoring those who are consistently displaying their dedication to the code of ethics through their work. Rewarding those who follow expectations is a great way to get others on board as well.