The primary discussion in this research study is regarding the crime victim and their status as well as their inherent right to perceive the punishment offered. A large number of debaters have spoken in favour and against the fact that victims have moral right to see victimizers being punished. This is referred to as the right to punishment. In this case the model of the Lockean style of right to punishment will also be used to distinguish this kind of right and its mortality.
Right To Punishment
in regard with the consideration of the right to punishment there two primary questions. Forcedly what is the way to understand the supposed right to punishment of the crime victim and secondary what are the elements involved in the way in which the right can justify the reaction of the frustrated victim. For evidence the frustration level of the victim might be more than at par based on which the individual might want extreme outcome for the victimizer although the crime on the basis of the national or basic model code of punishment be not pertaining to such a capital form of punishment. However, the divisor is also true. This is the reason why justification of this right is important. In the earlier half of the century victims had very little legal rights to be informed and remained present and also heard about the system for criminal justice (Equalityhumanrights.com, 2021). They did not have to be notified about the court proceedings or arrest or release of the defendant and in fact there was no right to attend trials and other proceedings. Therefore, it was associated with exercising their right of making a statement to the court during sentencing and another hearing. Moreover, the programs for victim assistance were actually not existent said essay helper. This is the reason why the debate regarding the right to punishment and for visual authorisation to victims to inculcate and modify the course of hearing has been called upon. In this space the primary rights for the victims of crime involve the right to be treated with care and as well as sensitivity and dignity and respect. It is followed by the right to remain present and also attend all criminal justice proceedings (Rights and Law, 2021). The right also includes the authority of being heard in the process of criminal justice including right of conferring with prosecutors and submitting victim impact statements during sentencing or petrol or a similar kind of proceedings the rights also include the right to be informed and other forms of information. However, during the court proceedings or in the after stage of being victimized the right of protection from being intermediate and harassed now also in first to the victim in addition with the right of restitution from offender and the right of privacy (Sagepub.com, 2021). The right to apply for compensation being a crime victim can also be highlighted in this regard. The right to expeditors returns of the personal property seized as evidence when possible can also be documented in this regard in addition with the right to speedy trial as well as proceeding which is free from any unreasonable delay (Judiciary.uk, 2021). Right to enforcement of all the above-mentioned rights and access to other available remedies can also be encapsulated in this regard. Nevertheless, an appreciation of being offered these rights requires the tag of victim of crime. Victim in this case are people who individually or collectively might have suffered harm which can include physical or mental harm and injury followed by emotion of suffering or any kind of substantial improvement with economic laws of the fundamental rights which are offered to the individual as an individual or group by the code of justice of the country by means of different legal act and omissions with violent criminal law operative within the country (Hls.harvard.edu, 2021). Again, any individual might be considered as victim under declaration irrespective of whether perpetrator is identified or apprehended or prosecuted or convicted and irrespective of the familial relationship existing between copy treated as well as victim. victim is a term which is coined for including whenever it is appropriate for immediate family or dependent or even direct victim and people who suffer harm in kind of intervention to assistance of victims in distress or prevention of the process of victimization (Assets.publishing.service.gov.uk, 2021). As per essay rewriter The provisions in this regard might be applicable to all without any distinction of any form like a race or color or sex or age or language or religion and nationality or political or another opinion or cultural practices are property of birth or family status ethnic and social origins or disability.
Access To Justice And Fair Treatment
Victims are required to be treated with compassion as well as maintaining respect to their dignity. They are also entitled to access to mechanisms of justice as well as prompt redressal, as provided in National legislations for any kind of harm that they might have undergone. Judicial as well as administrative mechanisms of the UK are already established however it should be still strength and wherever required for enabling victims to obtain redressal with formal as well as informal process which will be expeditious As well as fair and inexpensive as well as accessible. Victims need to be informed regarding rights in getting redressal by means of this kind of mechanism. responsiveness of administrative processes of needs of victims has to be facilitated by informing victim’s regarding roles and their scope as well as timing and progress on proceedings of the disposition of cases especially where their involvement of serious crime and where they request such information (Equalityhumanrights.com, 2021). It also includes allowance of view and concern of victims to remain present and consider appropriate stages of proceedings wear the personal interests have been impacted without prejudice to the accused as well as consistent with some relevant National criminal justice infrastructure. Provision of proper assistance to victims throughout the legal proceeding is also a part of access to justice and fair treatment. The same is also manifested by taking measures for minimization of inconvenience caused to the victims along with maximum effort towards protection of their privacy whenever required and ensuring safety and security of them and our family is as well as the witnesses who are to be presented during the preceding on their behalf for prevention of their intermediation as well as a retaliation. Awarding the unnecessary delay in disposing cases and executive orders granting award to victims and punishment to the victimizer is also a segment of fair treatment. Informal mechanism for resolution of dispute in cooperating mediation as well as arbitration and the customary justice for the religious practices need to be practiced where it is appropriate to facilitate conciliation and redressal for the victims (Binghamcentre.biicl.org, 2021). To get information for your tuition assignments, take assistance from ArabEssay online assignment help experts
Access to justice is a very basic principle associated with the rule of law which states that the absence of access to justice creates a situation where people’s voices are not heard and their rights cannot be exercised properly. It is also most likely to increase discrimination which will hold decision makers accountable for the situation (Un.org, 2021). Inaccessibility registers have become a vigorous issue internationally and it has been identified that over the years the access to justice in various countries have decreased significantly. In recent years it has been recognised that the abundant growth of inequality and decline in state support have impacted the access to justice in the United Kingdom and in the USA. henceforth, increasing the need for finding urgent solutions in order to protect people’s rights. it has been identified that in the UK majority of the population is unable to afford the justice system. In accordance with the studies made over extended periods that includes factors prior to the legal reform of 2013 highlights around 80% of the people are left unrepresented in family courts where 80% of the defendants of country courts and 75% of individuals in terms of adoption cases goes unpresented. Inequality is identified as the major reason behind people’s inability to access justice. This course has become the highest barrier for accessing justice which is now at its highest level and is recorded to grow rapidly. The world economic forum identifies inequality is most likely to manifest in the upcoming 10 years. Inequality is considered to impact stress level, education, hills along with social cohesion via various pathways. For instance, inequality practice will prove it will impact the health of children and education through various range of processes that will include parental psychological along with physical wellbeing, feelings of injustice, epigenetic regulation and residential segregation. In accordance with a study that included 1020 adults it has been highlighted that almost 31% of individuals living in the UK dealing with legal issues suffer from stress related to physical illness as an outcome. Also assignment helper identified that the judiciary that exerts power over society is generally composed of individuals belonging from the well their part of the population. In concern with the aforementioned factor the report published in 2017 by JUSTICE for the third year has raised function in terms of the UK judiciary. In accordance with the report the judiciary of the specific country is generally dominated by white it and men that are educated privately even after the measures taken for 10 years in order to enhance diversity. Therefore, it can be said that progress has remained stagnant. On the other hand, the report also highlights that in terms of diversity the UK remains to be significantly worse when compared to other European countries and common law jurisdictions. However, steps are being taken for improving the representatives associated with the legal workforce. For instance, plans have been announced by the Inns of Court in order to bring improvement in diversity by conducting activities that encourage individuals belonging from non-traditional backgrounds (Selita, 2019).
The Lockean Strategy
In this section it is possible to address in an indirect way accounting for the frustrated crime victim and the reaction of the individual. it is not a direct way of creating appeal to the rights to provide punishment as highlighted in the previous section however it is a different form of right. According to this model individuals in any pure state of furniture have the right of function with those who victimize them and they in fact also have the authority of punishing others if they are found to victimize any other person. this right can be perceived as a negative authorisation against third parties and against the offender perhaps not to interfere with the retaliation of the victim against offenders. Furthermore, one of the essential elements in transforming state of nature in civil society and as such of social contract is that individuals should transfer their right to punishment to the state. Therefore, there remains no longer any entitlement of sitting private revenge for the wrongdoings under which they have suffered however trust state to provide the same by any feasible and generic means of criminalization as well as punishment which is transparent and hence known to the victimised. Assignment help online experts said, In case if the state fails to provide punishment, it reneges on the expert’s bargain with the victim in the context at any rate if it also insists on provision as well as punishment of the private retaliation of the person (Iep.utm.edu, 2021).
In this case it should be evident that this kind of punishment explains the reason why frustrated crime victims have reason for the resulting state for failure of criminalising or punishing provided it has also prevented his or her attempts of private retaliation. Nevertheless, it in itself explains why this kind of reason is actually considered against the state only and not against the fellows of an individual instead of nature as long as they are just refusing to punish the victimizer of an individual or help one in punishing him oneself. Yet this model does not provide the literal explanation of the rights to punishment and the proper justification to responsibility of the crime victim and in regard with the crime victim getting justified inference to the aspect of being criminalised (BĂNICĂ, 2019).
It can be supposed that in a state of nature an individual might attempt punishing the villain who had victimized him or her and for some purpose any stranger interferes with the activity. The interference of the stranger might possibly be wrong in context to the victim. In this context the primary problem with this model is that it cannot account in the sense that it was clearly the failure of the state to punish the wrongdoing of the victim. Right to punishment should be understood in a positive sense in an interview assignment maker said. On the basis of this theory, it can be understood that it is ultimately active inference and interference having private retaliation in mind which gives the form to resentment and not merely the failure to give punishment. For as it has been stated in the initial part of this research study the state provides the management which does not satisfy the urge to punish in the mind of the victim then the same aspect is also applicable (Buckner, 2019). After all, the theory does not apply to the positive right to punishment. Explanation of the reaction of the president prime with him is indirectly appealing on the contrary to the negative right to non-interference of the victim with his or her respective retaliation. In this case it can be supposed that the victim is not capable of seeking private retaliation for reasons that themselves incorporate a no violation of any form of right of his or her and that the state would not have prevented him from doing so if he would have been capable of doing so. It is hard to perceive how the above-mentioned model might account for the victim’s grievance in this case in which the state is simply different from punishment. According to this model the right to punishment might also be perceived as a right to reproductive nature of the response to the crime by the state, something which might not be accomplished through private retaliation and can hardly exist in all states of nature. Any crime victim will not simply want the offender to receive significant treatment but also perceive the punishment to be legalised as well as generalized and become official and condemnable. To this extent, the frustrated reaction of the victim is because non-occurrence of this condemnation is difficult to perceive how it makes sense on the basis of the Lockean view (Shoham, 2018).
In terms of England, Wales and the United States over the years the roles played by victims in the criminal process have evolved considerably in terms of common law jurisdictions. However, these developments notably vary between the jurisdictions. The role of victims in England and Wales and in the United States have generally emerged from similar historical background the traces of which can be found in the societies of the 13 century which later evolve and develop under a common law system. However, in accordance with the common law the role of victims in the criminal process have faced various changes until the mid-19th century when private prosecutions were invented and where victims can be directly involved in the decisions associated with prosecution. On the other hand, from the maid 19 century conflict against the accused was taken over by the state and victims were majorly excluded from criminal processes. However, in the last few decades an active role has been taken by the crime victims in the criminal process which is prominent in England and Wales and in the federal American jurisdiction in a paper do my assignment professional expressed. Majority of the changes have taken place in terms of legislative documents and policies over the years in order to include crime victims in the criminal process. legal scholars have categorized victim rights into two parts which includes service and procedural rights. Service rights generally include initiatives that are aimed to provide victims with better treatments and experiences in terms of the criminal justice system and include rights such as a right to information on notification, assistance for victims who are vulnerable and compensation. On the other hand, procedural rights are controversial when compared with the formal right as it provides and victimizes the active role in terms of the decision-making process. This right includes opportunities to provide information or even viewpoints of the victims of their opinions to the criminal justice agencies and courts while making important criminal justice decisions associated with prosecution, custody, bail, sentencing, licence decision making and parallel release. However, rights that are generally recognised in England and Wales consists of service rights which have developed outside criminal proceedings and primarily includes rights to information and notification involving every stage of the criminal proceedings or process. Alongside the rights of assistance especially for vulnerable victims and compensation schemes are also recognised in different legislative documents and versions of the victim’s rights and codes of practice for victim crime which often operates outside the proceedings of criminal courts. However, even if these rights create duties in terms of criminal justice agencies, they do not conflict with the defendant rights. On the other hand, enforcement mechanisms that are associated with addressing cases focusing on victim right breaches in England and Wales generally consist of administrative mechanisms for instance complaints processes, judicial reviews and ombudsman processes which also operate outside of criminal proceedings (Manikis, 2019). However, an individual who has the right to exercise victim’s rights is generally defined by the federal, state or tribal code (Victimlaw.org, 2021).
It has been identified that participation of crime victims in critical criminal justice proceedings where victims play a proactive role in the process is an important factor in enhancing victim benefits for providing justice. The study identifies that inequality or serving of injustice impacts victims majorly in terms of both psychological and physiological health which can degrade societal conditions adroitly. Therefore, in order to enhance living standards, it is important for the judiciary to consider or develop access to justice and fair treatment and hence the right to punishment evidently.
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