Friday, November 1, 2019

Justice System Essay Example | Topics and Well Written Essays - 2250 words

Justice System - Essay Example In other words treating victims with the dignity they deserve while letting them continue to enjoy their fundamental human rights. The same applies to victims who are very vulnerable to vindication and are constantly in the risk of being treated harshly and with rejection due to the damages their crimes inflict on victims and to the society at large. There is a need for a balance between offenders' rights and victims' rights. The justice system has in some cases been accused of leaning too much on the side of the victims therefore denying the victim the right to be treated as not guilty until proven guilty before a fair and public trial in a court of law. Any justice system must be structured to meet the needs of both offenders and victims (Fowles, T 2006 P. 72). A right is a duty or responsibility entitled to an individual (Roberts, 2006 P. 115). Rights of victims enable them to get necessary support from the justice system. Usually the justice system is comprised of agencies such as the police, courts, probation officers, lawyers, prosecutors, and the government ministry concerned. Rights can be defined as responsibilities or duties of an offender or a victim (Fowles, 2006. P.57). It can be argued that victim's and offender's rights are related but in an inverse manner. According to (Samuel Walker 1980. P. 36,) the following are some of the theories put forward in relation to criminal justice and victim's/offender's rights. Restorative justice theory. Proponents of restorative theory argue that a victim can be restored to his/her former condition. It therefore suggests that the fact that victims have undergone crime experience does not mean that they will forever remain haunted by their experiences. This theory advocates for a justice system whereby victims can undergo restoration and therefore help them cope with the effects of the crime. It advocates for punishment of offenders though it opposes imprisonment. Restitution and community services are the commonest types of penalties advocated for by restorative theorists. It is aimed at re-socialising offenders. In view of striking a balance between offender's rights and victim's rights, restorative justice can be of much help for it seeks to up hold both the victim's and offender's rights while benefiting the society but there are those opposed to it terming it as too lenient. Retributive justice theory. Popularly known as the 'eye for an eye' method, it assumes that a victim has a right to 'hit back'. This justice system calls for punishments such as capital punishment, and in some parts of the world, amputation. In view of human rights advocates, a retributive justice system is considered unfair to the offender in that it does not accord a second chance for reforming. It can also cause emotional trauma to victims or their heirs and family especially in cases where they feel guilty and feel they caused the death of the offender. Transformative justice theory. A justice system founded on this theory will try to discourage animosity between the victim or the heirs and the

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