LAWS 3305 Lecture Notes - Lecture 11: Smoke Screen, Unintended Consequences
Document Summary
Victim rights came along with the charter. Before victim rights focus was on individual rights. Or is this a smoke screen for harsher laws and penalties: victims" rights going on and what it does as possibly an unintended consequence moves to a more punitive punishment system. Different principals in criminal law and sentencing: punishment, rehabilitation certain statutes it is at the top (youth justice, deterrence. In case of murder don"t have a victim until crime is proven by accused no victim an alleged victim. Two places with victim"s rights: pre verdict, post verdict. Victim rights that have grown at the trial stage: witness program takes victim to court and is the support person, counseling, accommodations, support groups. Laws have been passed procedurally to protect victim"s rights: don"t have to tell the courts in advance but when it comes to sexual assault and the defense of consent must lay out defense to the courts prior.
