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Lecture 11

LAWS 2301 Lecture Notes - Lecture 11: Military Cross


Department
Law
Course Code
LAWS 2301
Professor
Ronald Saunders
Lecture
11

Page:
of 2
Laws 2301 – December 9, 2013 – Lecture 12
Victims (Chapter 4.4)
- Roles, rationales
- Services, needs
- Recent initiatives
Final exam - format
- Part 1 sample questions
- Part 2 essay question
Victims
- Last to be considered
- Current government want victim to be heart of everything
Clarke: roles of victim/state
Victim:
- Raw material
- Give evidence which can double victimize them
- Symbolic presence legitimizes the criminal law power
State:
- Provide justice, moderation, rationality
- Preserve order
Victims’ rights movement
- Being lef tour – anger/frustration, wanting back in
- Poor treatment by police/courts
- Fear of crime
- Law and order movement in U.S – judges too weak on crime have to be tougher
- Women’s rights movement
- Self- help movement
- Humanitarian concerns
Types of groups – concerned with:
- Better services
- Better restitution
- Achieving harsher penalties/punishments
Services/schemes
- Crisis and victims’ support services
- Witness assistance schemes
- Compensation schemes
- Restitution and reconciliation schemes
- Locate/referral services
- Legislation allowing more V involvement
- Better witnesses reporting of crime
Versus critics
- Conflict is with the state
- Court should be independent/pressure free
- Appearance of justice hurt
- Participation can give rise to frustration
- Disparate sentences can result
- Better ways exist to achieve same goals
- Courts usually against greater involvement
- Accused is focus of criminal justice system
Clarke on compensation via s. 738:
M/C*** Criminal injury compensation
Charity or insurance – we use charity
- Based on notions of kindness
M/C***Victim Surcharges – how to find them – when you do something you pay a
surcharge that will go to victims services
Problems and issues
- Many victims argue they continue to be overlooked and/or doubly victimized
- Who to deliver the services given different levels of needs and of intervention
- Special needs often not addressed
- Too often, cheap legalistic response
- Fundamental fact: criminal justice system is focused on the accused and hard to
find a significant place for the victim
EXAM
- Lecture 6-12
- Alumni hall
- Essay – look at slides – plea bargaining
In mcgivlray article the authors argues
In light of what was said in class which of the following statements is accurate
Victims are best witnesses in court
Similar needs and wants
Justified in their frustration
**ESSAY**
“Plea bargaining is a threat to the Canadian criminal legal system’s ordered, principled
and rational operation, and must be abolished”
-Discuss, address both sides of argument on abolition, and come to a conclusion.
^^ email him point form stuff