how victimization affects the defense attorney

by Kylie Bernhard 3 min read

Far more importance is how victimization affects the roles of the prosecutor, defense attorney, criminal and victim. Prosecutor is to prosecute criminal within their jurisdiction. They are the administrator of justice, an advocate, and an officer of the court who representing the people in a trial.

Opposition between the prosecution and defense can often lead to severed ties between the victim and the defense attorney. The victim may develop feelings of resentment and anger towards the defense attorney, especially if the victim has been victimized due to a traumatic or violent crime.

Full Answer

What are the effects of victimization?

prosecutors, law enforcement, and victim advocates can affect victims of crime (Goodrum, 2013; Englebrecht, 2012; Laximinarayan, 2012; Beloof, 2008; Levine, 2010; Kolb, 2011; Foley & ... DIVO emphasizes the significance of victim-defense attorney interactions and approaches this subject from a restorative justice stance (Frogge & Armour, 2009 ...

What is the difference between violence and victimization?

dence of victimization serves to rebut any assumption of criminal intent. 5. As more became known about instances of victimization, de-fendants introduced their experiences as victims in support of a defense to murder. 6 . The majority of battered women …

What is the role of a victim in a criminal case?

Crime affects everyone differently. Victimization often causes trauma and depending upon the level of trauma that a person has already experienced in their lifetime, crime can be devastating. In general, victimization often impacts eople on an emotional, physical,p financial, psychological, and social level. The Emotional Impact of Victimization

What does the US Attorney's Office do for victims and witnesses?

describes roles and functions of individuals in the criminal justice system and how victimization affects each role. Evaluate the roles of prosecutor, defense attorney, criminal, and victim. Summarize how victimization affects each role. Answer the following questions: What are the goals of sentencing associated with each role?

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What factors hinder a defense attorney?

The Challenges of Defense Attorney Careers
  • Negative Public Perception. Media coverage of crimes and suspects poses challenges for defense attorneys. ...
  • Difficult Clients. Challenging clients and their families are often more taxing than public misconceptions, though. ...
  • Limited Time and Resources. ...
  • Job Pressure and Stress.

What are the impacts of victimization?

The impact of criminal victimization is serious, throwing victims into a state of shock, fear, anxiety and anger. The emotional, physical, psychological and financial ramifications of crime can be devastating to victims. Coping with and recovering from victimization are complex processes.

What role does the victim play in the criminal justice system?

Victims look toward a sentencing court to vindicate their suffering and to mark the crime by imposing an appropriate penalty on the convicted offender. It is therefore not surprising that it is at the stage of sentencing that victims are most interested in providing input.

What are the causes and effects of victimization?

Through victimization, they experience a number of emotional, psychological, and social effects that have a direct impact on their daily lives. Projecting anger on others, avoiding certain situations, and other factors can lead to job loss or divorce.May 3, 2021

What are the effects of victimization for assault?

You may be fearful that you could be assaulted again. You may have nightmares or flashbacks about the assault. You may find that you startle more easily at little noises or abrupt movements. You also may be disturbed by new feelings of vulnerability and loss of control similar to what you felt during the assault.

What are the 4 stages of victimization?

Frequent responses to a criminal victimization include, but are not limited to: shock; numbness; denial; disbelief; anger; and, finally, recovery.

Do victims contribute to their own victimization?

All these victims are targeted and contribute to their own victimization because of their characteristics. For example, the young, the old, and females may be victimized because of their ignorance or risk taking, or may be taken advantage of, such as when women are sexually assaulted.

What is the difference between victimology and victimization?

Specifically, victimology focuses on whether the perpetrators were complete strangers, mere acquaintances, friends, family members, or even intimates and why a particular person or place was targeted. Criminal victimization may inflict economic costs, physical injuries, and psychological harm.

In what ways can victims of crime be assisted and empowered in the criminal justice system?

Victims can also be supported and empowered through referrals to professional support services such as institutions advocating for victim rights, legislative aspects that can address the victim's compensation, rights and protection, emotional support and financial support.Oct 17, 2020

What are the behaviors of victimization?

Externalizing behaviors associated with victimization include hyperactivity, hypervigilance, and attention problems that may resemble ADHD. Others may exhibit internalizing (inwardly directed) behavioral symptoms.

What contributes to victimization?

Research has identified five factors of lifestyle that contribute to opportunities for, and likelihood of, victimization. These five contributing factors include demographics, economic status, social activities, substance abuse, and community.

What are the risk factors for victimization?

Individual Risk Factors
  • History of violent victimization.
  • Attention deficits, hyperactivity, or learning disorders.
  • History of early aggressive behavior.
  • Involvement with drugs, alcohol, or tobacco.
  • Low IQ.
  • Poor behavioral control.
  • Deficits in social cognitive or information-processing abilities.
  • High emotional distress.

Do victims choose to be victimized?

It is important to remember that victims do not choose to be victimized. Sexual assault victims do not choose to be raped; parents do not raise their children to be murdered; and women do not get married to be abused.

What are the physical reactions to crime?

These may include an increase in the adrenalin in the body, increased heart rate, hyperventilation, shaking, tears, numbness, a feeling of being frozen or experiencing events in slow motion, dryness of the mouth, enhancement of particular senses such as smell, and a ``fight or flight'' response. It is also common for people to lose control over their bowel movements. Some of these physical reactions may occur immediately and others may occur after the danger has passed. Physical reactions to crime can be so powerful that they reoccur quite some time after the crime, for example with the victim’s memory of the events.

Can money be stolen and never recovered?

Victims who may have money stolen, or possessions stolen or damaged have been financially injured. In many cases, stolen money and prized possessions are never recovered . Understandably, this is very distressing to victims who may feel guilt, anger, and frustration if they are unable to recover a family heirloom.

What are the effects of victimization?

Through victimization, they experience a number of emotional, psychological, and social effects that have a direct impact on their daily lives. Projecting anger on others, avoiding certain situations, and other factors can lead to job loss or divorce.

What is victim advocate?

The victim advocate provides that security to the victim that is lost by being a victim of a crime. Victims of crime often suffer lasting effects as the result of the incident. Through victimization, they experience a number of emotional, psychological, and social effects that have a direct impact on their daily lives.

Is there such a thing as a victimless crime?

There is no such thing as a victimless crime. Crime can have repercussions that last for years. Sometimes, the effect is a financial loss to a person, causing someone to lose financial security. A stolen vehicle might lead to the loss of one's job, making it hard to get to work. Violent crimes such as assault, rapes, and kidnapping can alter the survivor's life forever. Victimization is what happens to a person when they are impacted as the result of a crime. These actions can have severe consequences on emotional, psychological, and social levels. In this lesson, we will briefly discuss each of these three points.

What happens if you steal a car?

A stolen vehicle might lead to the loss of one's job, making it hard to get to work. Violent crimes such as assault, rapes, and kidnapping can alter the survivor's life forever. Victimization is what happens to a person when they are impacted as the result of a crime. These actions can have severe consequences on emotional, psychological, ...

Do victims of crime have learning opportunities?

Unlike a mistake, victims of crime often do not have ''learning opportunities,'' to benefit from. When we forget to pay a bill and are charged a late fee, we learn from the outcome of this behavior and make corrections in the future. However, victims of a crime are put in situations beyond their control.

What happens after shock?

Following the initial shock, the psychological impact may cause a victim to go through a period of disorganized activity. They may have distressing thoughts about the event, trouble sleeping. They may use substance abuse as a coping mechanism and withdraw socially.

What is the CSI effect?

The CSI Effect is the result of the influence of television criminal forensic dramas. These shows lead juries to falsely believe that there is always evidence at the scene of a crime that is available to convict the accused.

Do judges get involved in the plea process?

Judges get involved in the plea process as well. By meeting in chambers with the prosecution and defense attorneys who may be entrenched in their positions, the judge will generally assess the evidence against you and whatever defenses are available.

What are the rights of a jury?

Right to a trial by jury of 12 persons who must find you guilty by a unanimous verdict 1. Right to present your own witnesses and evidence. Right to remain silent and to not testify or offer any evidence. Understanding of the immigration consequences if you are not a US citizen or of other constitutional rights.

What is plea bargain?

The plea bargain is an agreement between a criminal defense attorney and the prosecution to resolve a criminal case and ends with a defendant pleading guilty or nolo contendre (no contest) in exchange for a reduced sentence or to a lesser charge. Nolo Contendre.

What is a plea of Nolo contendre?

A plea of nolo contendre is a guilty plea. Its effect is in civil cases where a victim may elect to sue the defendant for civil damages by not allowing the plea in the criminal case to be evidence of an admission of guilt to the underlying charge. About 90% of all criminal cases end in a plea agreement. The ones that do go to trial are usually in ...

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Participants in The Criminal Justice System

  1. Federal Judge: the individual who presides over a court proceeding. Sometimes a Federal Magistrate Judgepresides over the proceeding. He/she has some, but not all, of the powers of a judge.
  2. The United States Attorney (USA):the chief prosecutor for violations of federal laws of the United States. The USA is appointed by the President of the United States and confirmed by t…
  1. Federal Judge: the individual who presides over a court proceeding. Sometimes a Federal Magistrate Judgepresides over the proceeding. He/she has some, but not all, of the powers of a judge.
  2. The United States Attorney (USA):the chief prosecutor for violations of federal laws of the United States. The USA is appointed by the President of the United States and confirmed by the United Sta...
  3. Assistant United States Attorneys (AUSA):government lawyers in the United States Attorneys' offices who prosecute cases on behalf of the United States.
  4. Victim Witness Coordinator / Advocate:the person(s) in the United States Attorneys' offices who will assist you in your journey through the criminal justice system.

The Victim Witness Program

  • Each United States Attorney's Office has a Victim Witness Program which is staffed by at least one Victim Witness Coordinator or Victim Advocate. The goal of the Federal Victim Witness Program is to ensure that victims and witnesses of federal crimes are treated fairly, that their privacy is respected, and that they are treated with dignity and respect. Victim Witness Coordina…
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Victim's Legal Rights

  • Below is a list of rights given to victims by the Crime Control Act of 1990. This piece of legislation provided crime victims with a "Bill of Rights." Department of Justice employees are required to use their best efforts to ensure victims receive these rights. Victim's rights laws apply to victims whether or not the victim testifies as a witness. ...
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Felony Cases

  • Any offense punishable by death or imprisonment exceeding one year is a felony. The prosecutors and the courts handle felony cases differently from misdemeanor cases. Misdemeanor cases differ from felonies in that misdemeanor cases have shorter possible sentences. The Filing of a Criminal Complaint Some felony cases begin when the United States Attorney's Office, working …
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Misdemeanor Cases

  • Any criminal offense punishable by imprisonment for a term not exceeding one year is a misdemeanor. Misdemeanors include such offenses as assaults, possession of controlled substances and some tax law violations. Petty offenses are a type of misdemeanor and include offenses against traffic laws, as well as many regulations enacted by the agencies of the United …
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Introduction

  • The criminal justice system is used as a guide to maintain law and justice in the world. The criminal justice system ensures that all the branches of the government are used to maintain law and order by controlling and deterring crime, upholding social control, and sanctioning the people who have violated the law with criminal punishments/penalties, and rehabilitation efforts. The cr…
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Victimization

  • Victimization also plays an integral part in the criminal justice system. Therefore, it can affect each part of the justice system. Most criminals or the accused people are fond of using self-victimization to justify their unlawful and felonious actions. They come up with reasons and excuses to justify their actions for the crimes they are being ac...
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Sentencing Goals

  • The criminal, prosecutor, the victim, and the defense attorney play different roles in the criminal justice system during sentencing (Lubitz, & Ross, 2001). The prosecutor plays a vital role in sentencing a criminal. The primary goal of a prosecutor is to ensure that the law is upheld by obtaining the strict and recommended sentence allowed by the law while prosecuting a criminal…
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Alternative Sanctions

  • The alternative sanctions goal is to determine that the sentence is a fair one and the most reasonable option for the crime committed. Therefore, it provides options available, and they range from probation to incarceration, but the final decision will always come from the judge or the jurors. Nonetheless, alternative sanctions provide an option for the criminals who are not co…
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Recommendations on The Victim’S Rights

  • The recommendations I have regarding the rights of the victims is to ensure that they have the same many rights as those provided for the defendant. Additionally, they should be allowed to voice their opinions on the case by providing evidence and witnesses that can help prosecute the defendant if proven guilty. Moreover, they should be permitted to speak during the offenders hea…
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References

  • Little, R. K. (2010). ABA's Project to Revise the Criminal Justice Standards for the Prosecution and Defense Functions, The. Hastings LJ, 62, 1111. Lubitz, R.L., & Ross, T.W. (2001). Sentencing guidelines: Reflections on the Future. National Institute of Justice. Retrieved January 29, 2016, from <http://www.ncjrs.org/txtfiles1/nij/186480.txt> Neubauer, D., & Fradella, H. (2013). America’…
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