Roles and Functions Prosecutor – The prosecutor’s position is to assemble the case contrary the defendant. He or she works in cycle with the detective to attain proof in the case, set up witness statement, and offer the case disputing of fact in front of the judge and jury. The prosecutor has the burden of proof, requiring him or her to establish the defendant at fault beyond a reasonTABLE doubt. Defense Attorney – The defense attorney is the activist for the defendant during the pre-trial, trial, and sentencing segments of the criminal justice process.
The defense attorney has to build his or her case in attempt to establish the innocence of the defendant; or to reveal proof that may support his or her client. Criminal – The criminal works together his or her defense attorney to protect the prosecution’s case. The criminal depends on his or her defense attorney to dispute the facts of the case, and to illustrate a lack of culpability by the defendant. The criminal also has to deliberate on plea bargain in the case, which may be in his or her favor, depending on the evidence. Victim The victim does not play apart with the criminal justice process with regard to trial contributions.
The victim works directly with law officials and the receptor to supply details about their function in the case, and in what way they were victimized. The victim may be subpoena to testify during trial. The Effect of Factorization According to Hall, Dilators, & Schmeltzer, (2010) a victim is “someone who suffers direct or threatened physical, emotional, or financial harm as the result of the commission of a crime” (p. 400). Factorization affects each individual in a distinctive way throughout the criminal justice process. The prosecutor must be compassionate to the scale of factorization that transpires in a given case.
A victim demands justice be served and is counting on the prosecutor to guarantee vindication. The prosecutor must maintain his or her case with holding the defendant accounTABLE, decreasing the time span and funds spent in a trial, and making certain the victim is reimbursed financially, and helped to be made whole again. One vital deliberation for the prosecutor is the predisposition for a lack of assistance from the victim. This can negatively disturb the prosecution’s case. This is exceptionally gene nine in domestic violence crimes. “Such victims are often reluctant to participate Lully in the prosecution of their abuser” (Finn, 2003, p. ). The defense attorney may have second thoughts as he or she accumulates his or her defense on behalf of the defendant. The attorney certainly thinks about the victim in the case and what affect the case will have. Also, the attorney may also observe his or her client as a victim of law enforcement, if the attorney finds errors with the arrest and subsequent prosecution. The defendant is most likely going to have two aspects with respect to his or her victim. They may have built up remorse for their events and the subsequent affect upon he victim.
The offender may also feel as though the victim deserved what occurred, and no compassion is given by the defendant. However, the lawbreaker may feel as though they are a victim of the system, which can divert more sympathy to their victim When a person is victimized his or her character changes vitally. The victim may feel unsecured in his or her surroundings. The victim Can become antisocial. “Fear of crime impacts the quality of social life by causing anxiety and by limiting opportunities to enjoy activities outside the home” (Gartered & WinWrite, 1996, p. 7). The Goals of Sentencing The prosecutor has a mission with proving the defendant guilty beyond a reasonTABLE doubt. Also, he or she has a initial intent in the offering of sentencing. Prosecutors’ main goals are to hold criminals accounTABLE for their actions. Prosecutors indisputably feel their task and goal is to guarantee, “Criminal offenders warrant the punishment they receive at the hands of the state and that suggests that punishments should be appropriate to the type and severity of crime committed” (Hall, Dilators, & Schmeltzer, 201 0, p. 438).
It is no revelation defense attorneys build up a relationship with their clients. Limitless times are spent together with the defendant sharing personal information of his or her life. Defense Attorneys want the finest results for their clients working to form the best defense and help the defendant move past his or her offense(s). The definitive goal of sentencing for the defense is to guarantee restorative justice is attained for the defendant. The goal is to move the defendant through the criminal justice process with “the need to attempt reintegration of the offender with the immunity” (Hall, et al, 2010, p. 41). The objective of sentencing for the lawbreaker is to guarantee punishment is achieved; although perhaps more important, the criminal is rehabilitated posing no further threat to socio¶y’. The criminal most work to move past their crimes working to become a donating member of society. The main goal for the offender is to acquire restorative justice. The offender is obligated to compensate the victim(s), and accept responsibility, and accountability for his or her crimes (Hall, et al, p. 441 , 2010). The victim looks to be made whole again.
A criminal act can have unpleasant penalties on the victim, changing him or her for a very long time. Retribution and Incapacitation most likely are objectives for the victim. He or she needs punishment for the offender, and incarceration guaranteeing the criminal models no further threat to the victim or any other member of society. “the purpose of retribution is to ‘get back’ at the offender by meting out a punishment that is in some primal way satisfying to the social group and to the victim or his or her survivors” (Hall, et al, 2010, p. 439). The Goals of Alternative Sanctions
Alternative sanctions are original ways to guarantee justice is suiTABLE, the offender is held accounTABLE, and means are balanced. Common alternative sanctions include “the use of split sentencing, shock probation and shock parole, shock incarceration, mixed sentencing, community service, intensive supervision, and home confinement” (Hall, et al, 2010, p. 467). With respect to juveniles these alternative sanctions like a split sentence necessitates short detention of the offender, followed by probation. The goal is to deter future criminal behavior with the warning of future punishment (Hall, et al, p. 7, 2010). A common alternative sanction is a mixed Sentence, which entails the offender spend alternating periods of incarceration with community service. This goal is accountability-oriented limiting the liberty of the offender while giving public service to the community (Hall, et al, p. 471 2010). Victims’ Rights The rights of victims have risen dramatically throughout the years. More thought has been paid to victims, which serves to guarantee justice. One proposal to enhance victims’ rights is the increase of local victims’ advocates within communities.
The development of this valued resource will aid in lending a voice to victims. It will also extend the confidence of victims to speak up, and feel supported throughout their tribulation. Conclusion prosecutors, defense attorneys, criminals, and victims are placed together to deal with a given crime. Factorization concerns each position in different ways and must be individually considered. The goals of sentencing differ somewhat between each position. Alternative sanctions are often recognized when a criminal offender is sentenced.
