Rights Of Victims And Witness Within The Military Justice System

2025 words - 8 pages

Between 1982 and 1990, the United States Congress enacted a series of laws designed to inform victims and witnesses of crime of their rights and positions in the criminal justice system. The last of the series, the Victims' Rights and Restitution Act of 1990, imposed a duty on departments and agencies of the United States engaged in detecting, investigating, or prosecuting crimes, and incarcerating those convicted, to see that victims are accorded specific rights and certain services. Congress via the President directed the Department of the Navy (DON) meet mandatory requirements in relation to the rights of victims and witness within the military justice system.Today, the U.S. Navy is a benchmark organization in regards to the rights of victims and witnesses. The provisions described in this essay are not limited to offenses prosecuted at courts-martial (equivalent to a felony offense and trial). Crime victims and witnesses do not forfeit their status when offenses are referred for non-judicial punishment or administrative separation processing (minor offenses). In overseas locations, these terms are limited to victims and witnesses who are military members (and their families), Department of Defense civilian employees, and contractors (and their families).Within the DON, victims have the right to address the court at sentencing. A government trial counsel must provide notification to victims of the opportunity to present to the court at sentencing, in compliance with applicable law and regulations, a statement of the impact of the crime on the victim including financial, social, psychological, and physical harm suffered by the victim. Victims have the right to be present at all public court proceedings related to the offense, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at the trial.The victim's perspective may be considered before early release is granted to a person convicted of a courts-martial. Courts-martial convening authorities and clemency and parole boards shall consider making restitution to the victim a condition of granting pretrial agreements, reduced sentences, clemency, and parole. They may consider victim statements on the impact of crime.Professional assistance and counselors are provided to assistant victims and witnesses in the criminal process. Every installation designates a local responsible official (referred to as Victim/Witness Coordinator, Victim/Witness Liaison, or Victims' Advocate) to ensure systems are in place at the military installation to provide information on available benefits and services, and assistance in obtaining those benefits and services. Although the Navy does not explicitly provide for victim restitution and assistance for victims and witnesses, victim advocates must advise victims of their right to apply for compensation from state compensation programs in accordance with the Victims' Rights and Restitution Act of...

Find Another Essay On Rights of Victims and Witness within the Military Justice System

Mental Health within the Criminal Justice System

2683 words - 11 pages This essay intends to address the role that state agencies, both within the Criminal Justice System (CJS) and more broadly the institutions of education, employment and health, play in supporting and implementing diversionary programs for offenders with mental health problems. Mental health is clearly one of the most critical issues facing the Australian and New South Wales (NSW) CJS with research indicating that offenders with mental health

Diversity within the Criminal Justice System

2845 words - 11 pages of convictions of black men versus whites and Hispanics. These factors are the lack of diversity among legal professionals in positions of power for decision-making, specifically those in the criminal justice system; secondly, the racial disparities that exist in arrest conviction and sentencing and thirdly, the incidence of discriminatory actions within the justice system. The paper seeks to examine literature related to diversity within the

Wrongful Conviction: An Injustice Within the Justice System

1644 words - 7 pages of his life. Guy Paul Morin faced a heavy burden when exonerated for a crime he did not commit. Morin faced pressure from society giving him a false witness account, and from the criminal justice system not performing their duties correctly. The leading cause of wrongful conviction is due to the factor of eyewitness account. It has been proven that individual’s minds are not like tape recorders because everyone cannot precisely and

A Question of Rights: The human rights abuses of prisoners in U.S. prisons is a result of the racist justice system and apathetic government.

3322 words - 13 pages prisoners otherwise these rights abuses would not be occurring.While I originally wanted to research into the differences in the running of federal and private prisons I was unable to find much information on the running of private prisons and so I changed my original idea. I formulated my current hypothesis, 'The abuse of prisoners in U.S. prisons is a result of the racist justice system and apathetic government', because I was interested in how the

In reference to Land Rights and Criminal Justice System, how have Aborigines been disadvantaged by past government policies?

1104 words - 4 pages , such as the Stolen Generation and Assimilation.The disadvantages of ATSI in recognition of Land Rights stems from the legal concept from which Australia was settled in the 18th century- Terra Nullius. British settlers had claimed sovereignty of the land citing that its indigenous inhabitants had a system of law which was primitive (due to their nomadic lifestyle) and not recognised by the Crown; hence, the land belonged to nobody. Claiming the

Juvinile Justice and The Justice System

766 words - 4 pages Juvenile Justice Would you sentence a 10-year old kid to prison for dozens of years? Juveniles have been committing crimes and the court system is treating the more severe cases as adults. Juvenile criminals should not be sentenced as adults. Kids are not the same as adults so they shouldn’t be treated as adults. Some kids do not know what they are doing is wrong. Some may not know the severity and impact of what they have done. Children

Suicide within the military

1169 words - 5 pages they could think of to end the deaths of the soldiers and requested more mental health professionals to join the army and help out. The military is trying to prevent further lives from being taken within their own men.What is PTSD you may ask? Post-traumatic stress disorder is a severe anxiety disorder that can develop after exposure to any event that results in psychological trauma. The psychological trauma's that may be included in a soldiers

Juveniles and the Justice System

1850 words - 7 pages crimes that are being committed range from violent crimes of rape and murder to non-violent crimes such as forgery and counterfeiting. The FBI provides their annual data files containing agency-based arrest counts to the National Archive of Criminal Justice Data (NACJD) within the Inter-university Consortium for Political and Social Research (ICPSR) at the University of Michigan with funds from the Bureau of Justice Statistics, NACJD aggregates

Violation of Human Rights: Homosexuality and Military

2741 words - 11 pages the case of military „gayban“ in the United States of America. It is said that USA is the most democratic country in the world. And yet, there is a possibility of existence of such a ridiculous policy in a country, which is supposed to have protection of human rights on top of its list. Another reason is, that this policy is not compatible with the laws of the US. In spite of that, it existed for almost 20 years. Moreover, this paper will show

Ineffectiveness of the Justice System

1272 words - 5 pages criminals like Nathan Leopold and Richard Loeb, both notorious murders, Darrow has a strong insight on hard core criminals and the legal system. He utilizes his experience and knowledge along with the appeals of pathos, logos and ethos, to gain the respect and opinions of his audience. Darrow’s main purpose in this speech is to state his feelings of disregard for the justice system. He feels as though jails do not serve a true purpose and that

Constructions of Gender and the Treatment of PTSD within the U.S. Military

4009 words - 16 pages victims when she was in the Army: "When someone brought forth charges, especially if it occurred within the unit and another military person was involved, the males were threatened because it was the fear of someone filing false charges against them or them being implicated in some way -it definitely effected morale and cohesiveness between the unit." It is understandable that the misogyny that permeates our culture would sometimes seep

Similar Essays

Victims Of A Faulty Justice System

710 words - 3 pages Crimes occur in every country and justice systems have been established to identify and punish criminals to discourage future crimes. To convict someone of a crime, there must be proof that suggests the defendant is guilty, beyond a reasonable doubt. The design of the system allows for human error and even intentionally deception to play a role in deciding a man's guilt. Evidence in the twenty-first century is based more off scientific evidence

Military Justice System In The United States

1616 words - 6 pages When one joins the United States military, one becomes subject to a completely new justice system. While the primary purpose of the United States justice system is to dispense "justice," that is not the primary reason for the creation of a separate justice system for America's Armed Forces. The primary purpose of the military's system is to provide the military commander with necessary tools to enforce good order and discipline. That's why, for

Jurisdictional Issues Within The Criminal Justice System

1964 words - 8 pages against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (Fifth) Due process of law refers to the all citizens of the United States must receive fair treatment from the Criminal Justice system; thus, jurisdiction becomes an enormous issue within the case as the location of the trial and the judge and jury as well, must be unbiased and

Inequalities Within The Criminal Justice System

3303 words - 13 pages This essay will crucially consider whether there is inequalities within the criminal justice system between mothers and fathers, this will analyses a lot of statistics about males and females within prison with ratios of mothers in prison and that is compared to fathers, also compare between the crime and relations to the crime to show a clear cut understanding if there is or isn’t inequalities. The essay will discuss criminological theories