SCHOLARLY ACTIVITY (STUDY GUIDE ATTACHED) APA FORMAT STYLE
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UNITVIISTUDYGUIDEVICTIMOLOGY.docxThis unit addresses victims in terms of torts and rights within the court system. Chapter 13 of your textbook specifically explores the part of the legal field dealing with negligence and torts. We will look at the possible civil remedies for victims to pursue. This involves negligence, wrongful death, assault and battery, false imprisonment, and mental distress. Before getting into this topic in depth, it is important to understand that victims can file civil lawsuits against their perpetrators if they are injured during the commission of a crime. Civil court is not focused on guilt, rather focused on monetary compensation. Someone can be tried in criminal and civil court, and this is not a violation of rights, meaning it is not double jeopardy. There are various reasons why a victim may file in civil court. According to Wallace and Roberson (2015), these are the most common: The victim is not satisfied with the criminal proceedings. The defendant may have been charged with a lesser charge than the victim feels is acceptable. The victim feels mistreated by the justice system. The victim may wish to receive compensation for injuries. Negligence means that someone was careless or reckless in some act. In civil court, it is more complex and at times confusing. Negligence, according to the law, includes several components: duty or breach of duty, proximate cause, and actual injury. The injured party must show that the person had a legal duty required to him or herself and that the person did not conduct him or herself according to certain standards, therefore, harming someone else (Wallace & Roberson, 2015). The plaintiff must then prove that by not doing a certain act the person breached or failed to commit. There has to be proof of a link between the acts of the defendant and injury caused to the plaintiff and that there is proof of actual damages, which allows for recovery of nominal damages (Wallace & Roberson, 2015). Negligence is complex, and again keep in mind that injury must be shown (however, does not always need to be physical). Looking at the O.J Simpson case on page 222 of your textbook, how could someone be found responsible in civil court, but innocent in criminal court? Is that reasonable? Can you see the difference? Wrongful death typically is brought based on homicide statutes. When someone is killed, it is family members who must cope with the death and who suffer from the loss in the greatest ways (Wallace & Roberson, 2015). UNIT VII STUDY GUIDE Courts, Constitution, and Rights of Victims CMJ 3307, Victimology 2 UNIT x STUDY GUIDE Title Many families seek economic support from the criminal justice system, following criminal court. Survival statutes exist to allow the descendants to claim personal injuries for those killed. Those that may sue are the spouse, child, and parents. The court then goes through the “elements of damage,” including loss of companionship, sexual intercourse, moral guidance as well as, in some states, grief and mental suffering (Wallace & Roberson, 2015). This varies from state to state. Do you think these are factors that should reasonably be compensated? Is there anything missing? Many of the items included in the textbook, like assault and battery or confinement, require the establishment of a defense for the perpetrator (Wallace & Roberson, 2015). Part of working with victims is being able to think of potential defenses as this will assist you in working with the victim. Some of the more common include the following: self-defense, defense of others, defense of property, consent, necessity, and authority of the law. After reading through the above, think of how you might feel if you were a victim and one of those defenses was used. As a victim, do you feel that it weakens your case or that people do not believe you? Moving on from civil court, we will focus on the constitutional and civil rights of victims. This ties perfectly into the courts and should help you better understand the rights of those you work with. Think of the benefits of these rights and how they could assist victims throughout the criminal justice process. There are instances where those that work in the criminal justice system harm or add to the harm suffered by victims. Civil damages are then awarded based on negligence of intentional torts. The law provides them with an additional set of rights that contributes to “making them whole” and ultimately, dealing with the harm caused them. Most of those who work in criminal justice are honest and caring professionals, though there are those who intentionally, sometimes negligently, injure people. When they commit acts like this, they are then in violation of either a state or local statute. Think to the media in the past year. Can you recall times where this became an issue? Victim service providers and criminal justice professionals need to understand the history and evolution of the laws for which criminal justice professionals are held liable. Do you think that the potential violations that criminal justice professionals could encounter are covered? Is there anything left out? Just establishing that a person’s rights were violated is not the end. The law gives defenses to both people and agencies accused of violating a citizen’s civil rights. There are two types of defenses: substantive and procedural. What are the differences? By better understanding the defenses, you can better advise victims of their constitutional and civil rights. Having looked at the civil court and the constitutional rights, you are now better prepared for the last unit. Congratulations! You are almost there!
