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Lecture 10

LAWS 3306 Lecture 10: LAWS 3306 Lecture 10

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Carleton University
LAWS 3306
Paolo Giancaterino

Saturday, March 25, 2017 LAWS 3306 Lecture 10: Crime Victims Introduction - Approximately 25% of Canadians are victims of Crime - Victims in Canada have made their mark known - Often we see crime victims as being used as vehicle to focus on the punishment aspect of law and that crime victims should have the punishment of offenders (thats their goal as a stereotype) - crime victims are seen as the new consumers of CC services and they help deal with the CC route of the justice system - after the Charter we have seen more and more movement towards advocacy groups counteracting the DP victories taking place - Victims rights are being asserted in the new political cases vs the accused or third parties - over time government have looked at crime victims as an integral part of society by taking steps to all more participation in the criminal justice system - Have seen time and time the provence trying to have a victims bill of rights - Saw the creation of the Canadian victim bill of rights by the conservative government — wanted them to seem tough on crime Rise of Victims Rights • Victimization Surveys - played a significant role in the recognition of crime victims as a group - these surveys were constructed to focus on criminal justice reforms - parallels in the evolution in victims rights the same as DP after the charter - federal governments were involved in having these done in a way to ease people concerns on capital punishment thought they would be seen as being soft on crime and people wouldn't see the • justice system as a good thing, 1 Saturday, March 25, 2017 • believed that capital punishment deterred people from committing murder - Originally a part of a crime prevention - went from proactive to now shopping reactive policies - victims were defined as the new consumers of the justice system • the customer is always right • this is how they were seen and treated from parliament - emotions started to weigh in and this became political aspect as they were focusing on these emotions while making changes to the criminal justice system - surveys revealed startling figures and these helped back up the claims of how serious the problems are in this system - 1/4 of the population is reported a victim, not saying the crime involved could be minimal or extreme - significant amount of the criminal offences went unreported • 90% of sexual assault went unreported • 50% of robberies unreported • 56% vandalism unreported • 48% of vehicle thefts unreported • 32% of break and enter went unreported - remember theres a scale in most of these crimes, minor to major offences - conclusion was that victims weren't reporting for 3 reasons: better dealt with in a different way; seemed to be too minor; victim may not a faith in police or the justice system - they found that victims frequently employed their own measures to deal with this criminal activity, when they did this they were satisfied - problem is that these high levels of unreported crime were construed by politicians to be a need for reform of the CJS to encourage reporting - young men are more prone to suffer from crime - used unreported crime to push a CC model 2 Saturday, March 25, 2017 - some victims might not actually want punishment • Task Force on Crime Victims - Both US and Canada at one time had task forces dealing with the issue of criminal victims - Canada it was based on a government interest because of the change to capital punishment laws by US was more focused on punitive victims rights but Canada up until a few years ago focused on non-punitive - but since the charter as time has gone on we are moving to a more punitive approach to dealing with victims - It was Americanized our justice system - politics, - Example: • Us task force on crime victims proposed significant (more punitive) approach to the system example a call to deny bail more easily in the name of the victim - stricter privilege to victims - abolish search and seizure - abolish parole for jail offenders - wanted victims to have to right to make suggestions to the parole board - Create victims bill of rights so their voice is heard at all stages of the process - those who were accused of criminal offences to not profit from those accusations - school officials be forced to report possible criminal activity to their students; obligation to report anything suspicions - a theme came out of this, there was no recommendations to dealing with crime prevention and restorative justice - punitive in nature • Canada Task force: - not led by elected officials but by byrocrats - places emphasis on the needs of victims instead of their rights - didn't appose DP claims of the victims 3 Saturday, March 25, 2017 - the right to a trial at a reasonable time - over time this approach changed - by 1990s these various task forces calling for criminal code amendments - judge to consider giving a restitution order to an accused person - allowing victims to give a victim impact statement - amend the code to force accused person to return victims property - publication bans to be granted easier; - taxing those accused to create a fund for victims • Victims Bill of Rights - these bill of rights represent the battle between the accused and the rights of the victim - DP in Canada was intrenched in out constitution with our legal rights and was enforceable - usually called for increase state of intervention and courts didn't want to - bring the victims closer to the CJS - in 1985 there was a declaration that demonstrate a progressive approach - widened the definition of a victim - the UN declaration did something we don't see they placed their policing dealing with victims in a social policy - Declaration encouraged restorative but didn't focus on dominant criminal prosecutions • Canadian Victims Bill of Rights - Canada agreed to these basic needs set out in the declaration but
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