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and the defendant. he or she is an officer of the court and an administrator of justice. lead the direction of the defense in selection of witnesses. Roles and Functions The role and the function of a prosecutor is significant within the criminal justice system. . rights are not imposed upon and to act as a middle man between the prosecutor. They will also assist with suppression and un-suppression of evidence and appeals processes if necessary. however. defense attorney. goals of sentencing associated with each role. jury selection. determine which method of defense is appropriate for the case and trial.Roles and functions of individuals within the criminal justice system can be basic and simple. the criminal. goals of alternative sanctions. and the victim. This paper will review and expound the roles of the prosecutor. The defense attorney’s functions includes ensuring their client is represented fairly in the eyes of the court. The defense attorney’s role is to ensure his or her clients’. also the accused or defendant. the courts. The defense attorney wants to make certain his or her client gets off or is acquitted. The prosecutor wants to provide enough evidence to guarantee the offender or defendant receives the maximum sentence. and my personal recommendations regarding victims’ rights. however. The main objectives of a prosecutor are to ensure that justice is served and follow the established rules of law to convict the accused offender. It will also summarize how victimization affects each role. and if not. they want to ensure his or her client receives the minimum sentence. The prosecutor is not simply a lawyer. victimization can create complexity for structured roles.
Without the criminal. As with the prosecutor the victim wants to see the criminal receive the maximum sentence associated with the charge or charges. Whether it is material possessions or another human being.The criminal and the victim are the concluding individuals who play a major role within the criminal justice system. The role of the victim is to recall the events of the crime and to provide the necessary evidence to investigators and the prosecution team. as the criminal has taken something from the individual. Victimization Victimization is the process of becoming a victim. psychologically and financially from their . The victim is the source of victimization. emotionally. The victim may feel angry. a parent or legal guardian if the victim is below the age of eighteen years or incompetent or one or more family members or relatives designated by the court if the victim is deceased or incapacitated” (Schmallegar et al. the criminal commits an offense against another individual. confused. as “only do they suffer physically. and this individual is the victim. The definition of victim is “any individual against whom an offense has been committed.. the criminal wants to be acquitted for the crime or receive the minimum amount for sentencing. The criminal is the individual accused or associated with the crime. The victim is a direct link and has affiliating ties to the criminal. 400). frightened and may have limited knowledge of what to do next or who to turn to in the repercussion of a crime. The role of the criminal is to plead his or her case and pursued the judge or jury to see it his or her way. 2010. or for certain procedural purposes. there would be no victim. Victims may need additional support and information considering he or she is the basis victimization. As with the defense attorney. p.
para 26).” “The lawyer must zealously advocate whatever is in the best interests of the client. 2005.victimization. Goals of Sentencing Sentencing is the final phase of a criminal case. not the interests of the prosecutor.d. 2).. The defense attorney will relate to victimization. The defense attorney is often looked upon as the “bad guy. The criminal may relate to self-victimization. they are also often burdened by the complexity of the criminal justice system” (Canadian Resource Centre for Victims of Crime. The defense attorney would have to challenge the evidence and the nature of the crime. and criminal has similar and yet different goals. victim. defense attorney. Because the prosecutor is linked to the victim who has been victimized. or victims” (Mississippi Department of Corrections – Division of Victim Services. so he or she has a direct link to victimization. The prosecution is there to assist the courts . in hopes the victim or victims will cooperate and become engaged in the criminal process. para. society. especially if the victim can participate within the case. as he or she represents the defendant. The prosecutor is the voice of the victim. n. judge. Self-victimization is the offender using reasons to justify the criminal act. other than he or she intends to prove otherwise to protect his or her client. The prosecution. the prosecutor can provide additional information and resources to the victims of the case. The prosecutor has to maintain certain guidelines and standards to maintain the enforcing of laws and provide the victim with the feeling that complete justice is obtained. The defendant does not have a clear connection to victimization. The prosecution wants the defendant to obtain the highest or maximum sentence permits.
in most cases wants the offender to obtain the maximum amount allowed based on the nature of the crime. The sole purpose and goal of the defense attorney is to protect his or her clients’ rights. Goals of Alternative Sanctions Intermediate sanctions. sanctions. this also benefits the community. home confinement. victim-impact statements. if this is not the case. shock probation and parole. With reductions in inmate populations. There have been some instances in which states who uphold the death penalty. and community service in lieu of other.with determining the appropriate sentence for the offender by providing mitigating factors. The courts and the prosecution would like for the victim to have some sense of satisfaction in regards to the sentencing of a criminal. however.. ensure that if imposed with a guilty verdict. 2010). as tax dollars incorporated within the community are used to assist servicing and paying for inmates. The defendant want to be acquitted to. rehabilitation and reforming is a resource for the defendant. Because of alternative sanctions this can reduce the cost of government resources and maintain inmate populations. The defense attorney would like to see his or her client acquitted. shock incarceration. and making any necessary submissions within the guidelines specified by the courts. more traditional. such as imprisonment and fines” (Schmalleger et al. is the “use of split sentencing. It can also assist in avoiding shame regarding a prison . also known as alternative sanctions. The victim. the victims request the courts not to impose this form of punishment. the defense and the defendant need to obtain the minimum sentence allotted for the specific crime.
and provide information and resources individuals may not have known existed.” There are some recommendations that I would include with victims’ rights to make certain that it is an efficient and convenient process for the victims. in the offenders’ point of view. I also think establishing a national website.sentence. should be in place to eliminate the possibility of misinformation and confusion. including all resources for victims. and increasingly help with the rehabilitation of the offender. Rights are in place for the victim. in which to provide the victim with the necessary resources and information to be “made whole again. More public service announcements advocating victims’ rights and playing on national television stations can provide more awareness of victims’ rights. Recommendation for Victims’ Rights Victims’ rights play a major role within the criminal justice system and criminal law. . I believe that a national victims’ network working within the criminal justice system or governmental agencies would be able directly send victims’ important notifications regarding trial dates and inmate releases.
. Retrieved from http://www. Hall.References: Canadian Resource Centre for Victims of Crime. & Dolatowski. The Impact of Victimization. Retrieved from http://www. NJ: Prentice Hall. Criminal law today: An introduction with capstone cases.. (n. F.ms.state. (2010). (2005). (4th ed.pdf Mississippi Department of Corrections – Division of Victim Services . J. D.) Upper Saddle River.us/handbook%20for%20victims%20of%20crime.mdoc.crcvc.ca/docs/victimization.htm Schmalleger.J.). .d. E. A Handbook for Victims of Crime in Mississippi.
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