Question: Help with responding to classmates discussion post 1. The Right to Be Present has undergone significant modifications. The 1982 murder trial of Stephanie Roper led

Help with responding to classmates discussion post

1. The Right to Be Present has undergone significant modifications.

The 1982 murder trial of Stephanie Roper led to her parents being banned from courtroom attendance through Federal Rule of Evidence 615 which is known as the Rule of Sequestration. The rule which operated during that period enabled either side to request witness exclusion from courtrooms to stop their testimony from being influenced by outside factors. The justice system used to treat victims as potential witnesses which led to their prohibition from courtroom attendance. The justice system used to treat victims as outsiders because it gave priority to defendants' rights and government prosecution needs above victims' emotional involvement and right to participate (National Crime Victim Law Institute [NCVLI], 2011). The Roper family's post-trial advocacy work after the case led to extensive legal changes which became the foundation of contemporary victims' rights activism.

The current situation regarding victim participation in court proceedings has undergone a complete transformation. The Crime Victims' Rights Act (CVRA, 18 U.S.C. 3771) ensures victims maintain their right to attend public court proceedings unless the court receives strong evidence showing their testimony would change substantially (NCVLI, 2011, p. 3). The law establishes a new standard which includes victims in court proceedings by default instead of following the previous practice of excluding them. The court system needs to take all available steps to enable victims to observe and take part in legal proceedings. The new legal framework both upholds victim dignity by allowing them to see justice unfold and strengthens criminal process transparency and legitimacy. The new approach demonstrates how society now views victims as essential participants in justice proceedings instead of passive observers.

2. Notice of Rights and Responsibility

The right to receive notice stands as a fundamental element which forms the basis of contemporary victims' rights legislation. Victims under the CVRA have the right to receive proper and timely notification about all public court proceedings and any events where the accused escapes or gets released from custody (18 U.S.C. 3771[a][2]). The right to notice enables victims to activate their additional rights which include courtroom attendance and speaking opportunities. The NCVLI (2011) states that law enforcement agencies must provide victims with their rights information as soon as possible after discovering a crime. The prosecution takes over victim contact responsibilities after the start of prosecution to provide notifications about all important case developments including hearings and plea deals and sentencing and parole decisions. Victims cannot participate meaningfully in the justice system when they do not receive proper notification which makes their other statutory protections useless.

Jurisdictions across the country have developed organized systems to guarantee victims receive proper notification about their rights. Some jurisdictions need victims to actively choose notification services but other jurisdictions use automated systems which monitor case developments and offender status through electronic tracking. The modern advances in victim notification systems work to stop the occurrence of secondary victimization which happens when victims experience additional trauma because of system neglect. The practice of notice serves as both a procedural protection and a moral duty to uphold fairness and dignity and respect for victims throughout the entire criminal justice process (NCVLI, 2011).

3. The CVRA provides specific mechanisms for victims to obtain relief when their rights are not respected.

The CVRA establishes specific procedures which protect victims' rights by both identifying violations and providing methods to enforce their rights. The trial-level process of actively protecting victims' rights constitutes compliance. The district court must handle any victim rights motion presented under Section 3771(d)(1) without delay. Victims now possess an immediate ability to participate in court decisions which protects them from being excluded from essential choices. The enforcement process under the CVRA enables victims to obtain remedies when their rights experience violations. Victims who experience rights violations can petition for a writ of mandamus through the appellate court which must handle their case within seventy-two hours according to 3771(d)(3) of the CVRA (NCVLI, 2011).The two-tiered system was established to establish victim rights as enforceable standards instead of unattainable goals. The system of compliance holds justice officials responsible for their actions while enforcement provides victims with legal recourse when their rights are violated. These mechanisms unite to create a justice system that combines active victim participation with restorative practices. The CVRA integrates both mechanisms into federal law to establish victims as legal entities who can shape judicial decisions. The victims' rights movement achieved its most important accomplishment through this framework which brings victims into the justice process instead of excluding them (NCVLI, 2011).

Step by Step Solution

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Students Have Also Explored These Related Law Questions!