Open Access Research Article
ROLE OF VICTIM IN SENTENCING POLICY
Published Paper
Article Details
ROLE OF VICTIM IN SENTENCING POLICY
AUTHORED BY - VANDANA TIWARI
I.INTRODUCTION
The focus of the most recent changes
has been to include victims in the justice process so that they don't feel as
alone and don't think they're being treated unfairly. Effective legal aid must
be given to undefended and unrepresented accused parties in a criminal case in
order to guarantee that the accused has a free, fair, just, and reasonable
trial of their allegations. It also looks at recent research that has looked at
the worries and concerns about giving victims the right to be involved in
sentencing. We draw and talk about what the use of the victim impact statement
means for the criminal justice system and the goals of the victim movement. It
then looks at how much victims were involved in the process and how that
affected how happy they were with justice .Multiple regression shows that a
victim's satisfaction with the sentence depends most on whether or not they
think the sentence was fair. Offense type, There is some explanatory power in
the victim-offender relationship and whether or not the victim's expectations
were realised.Analysis also shows that a victim's overall satisfaction with
justice system is mostly based on how happy they are with their sentence. We
talk about what these results mean for the debate about how victims can be
involved in the process through the victim impact statement. The needs and
concerns of victims are taken into consideration during the sentencing process
since they play a significant role in the criminal justice system. Sentencing
guidelines try to strike a compromise between the rights of the victim and the
rights of the offender while also taking society's interests into account.
Information about the effects of the crime on the victims' lives is one of the
victims' main roles in the sentencing process. A victim impact statement, which
enables victims to explain how the incident has affected them physically,
emotionally, and financially, may be requested from them. The judge considers
this information while determining what punishment is suitable for the
defendant. In the course of the plea negotiation, victims may also be asked for
their opinions on the accusations and the suggested punishment. Victims may be
permitted to learn about plea talks and to attend the procedures in some
jurisdictions. Moreover, victims may be involved in restorative justice
initiatives, which seek to make amends for the harm committed and foster
healing for both parties. These programmers could involve victim-offender
mediation, in which the victim and the offender meet to talk about the offence
and its effects and collaborate on a reparation plan.
In general, the victim's role in
sentencing policy is to provide victims a voice and make sure that their needs
and concerns are taken into account during the criminal justice process.
II.MEANING AND CONCEPT OF VICTIMOLOGY
Victimology requires a solid
familiarity with the term "victim" as a precondition for
comprehension. A victim, from the Latin victima, is "any anyone who has
suffered or is subjected to injury," such as emotional or financial
distress, physical discomfort, or a violation of one's fundamental rights at
the hands of the criminal, as stated in the United Nations Declaration of 1985[1].
Victimology is the study of criminal
victims and how criminal activity affects both individuals and society at
large. Victimology "focuses on the victim's experience, rather than the
criminal's, and strives to understand the nature and degree of victimization,
its impact on people and society, and solutions for prevention and
intervention" The idea of victimology came into being in the middle of the
20th century as criminologists realized how crucial it was to comprehend how
crime affected its victims. Early research centered on the interactions between
Crime victims, the justice system, and the effects of crime on victims'
physical and mental health. Victimization rates and trends, victim-offender
interactions, victim services and advocacy, and the function of victims in the
criminal justice system are just a few of the themes covered by victimology
today .Victimology offers a framework for comprehending crime victims'
experiences and creating successful prevention, intervention, and support plans[2].
III.VICTIM JUSTICE – AN INTERNATIONAL PERSPECTIVE
Within the context of the legal
system, the notion of victim justice places an emphasis on the rights and
requirements of those who have been victimized by criminal activity. In recent
years, the concept of victim justice has been gaining a growing amount of
attention as a way to redress the pain that is inflicted upon victims of crime
and to foster a criminal justice system that is more equal and effective. The
United Nations presents one perspective on victim justice that is applicable
across international borders. The United Nations has passed a number of
resolutions and publications that acknowledge the significance of victim rights
and encourage justice systems that are victim-centered. For instance, in “1985 the United Nations General Assembly
approved the Declaration of Basic Principles of Justice for Victims of Crime
and Abuse of Power[3]”.
This document defines a set of rules for how victims are to be treated within
the context of the criminal justice system. In 2005, the United Nations also
issued a set of guidelines called the Guidelines on Justice in Cases Involving
Child Victims and Witnesses of Crime[4].
These guidelines offer direction on how to handle the particular requirements
of child victims and witnesses of crime. In addition to these international
texts, numerous nations have enacted their very own legal frameworks and
policies to advance the cause of victim justice. For instance, the United
States government has enacted a number of federal laws, such as the Violence
against Women Act and the Victims of Crime Act, both of which are designed to
offer protection and assistance to victims of violent and sexual crimes[5].
In general, the idea of victim justice is developing and taking on more
significance as a fundamental component of a criminal justice system that is
both fair and efficient. The criminal justice system may greatly aid in
repairing the damage caused by crime and fostering healing and justice for all
parties involved if it respects the rights and needs of victims and provides
them with the necessary support and resources.
IV.VICTIM IMPACT STATEMENT
Victim Impact Statements, or VISs,
are verbal or written accounts from the victim's point of view that are used to
assess the damage brought on by the crime. In a nutshell, the VIS procedure
involves giving victim impact statements (which seeks to assess the true nature
of the anguish which resulted from the crime) frequently, the victim's friends
and relatives will also say things that may uncover and provide information of
this kind (about the incident's genuine impact) that would not otherwise be
available to the court. The VIS may also contain intricate details and nuanced
information about the financial effects of the crime, such as costs for counselling
and/or medical care, wage loss, property damage, and earnest requests for
restitution or compensation. In addition to the victim's ideas and concerns
regarding the crime and the harshness of the penalty for the accused, these
specifics and nuanced information can be given. Often, the prosecutor assists
the victim in accurately and completely completing a form. In order to
characterize in detail the level of the pain caused by the crime, the victim
might testify of the factual circumstances, the seriousness of the crime
committed, and the consequences the victim has had to undergo. An incorrect
arrangement of the facts occurs in an adversarial system because the
defendants' and the victims' arguments are frequently conflicting and
contradictory duplicates of one another. A VIS may therefore play the vital
role of reflecting the particular and differentiating elements of the victim's
version of events in order to fully comprehend the case and grasp the precise
nature of facts. Even though it's possible that other factors contributed to
how the case developed, the VIS supports a victim-centered approach to
balancing the scales of justice. The mere fact that an accuser has received a
VIS does not prove their guilt beyond a reasonable doubt, nor does it take the
place of the formal facts and defenses put forth in court. Every case evolves
based on its particular collection of merits. But only when the adjudicating
authority thoroughly assesses the victim's injury as shown by a VIS can justice
be adequately carried out. The utilization of VIS reports can help determine
the victim's financial recompense for their suffering by helping to understand
the psychological harm brought on by the crime.
V.BENEFITS OF VICTIM IMPACT STATEMENTS AS WELL AS OBSTACLES FACED
Prior to sentencing, victims or their
family members present the court with written or vocal victim impact statements
(VISs), which detail the victim's experience with the crime's emotional,
psychological, and physical impacts. In addition to giving victims a voice and
making them feel heard and validated, these remarks can aid judges in
comprehending the entire scope of the pain brought on by the offence. Yet there
are also certain challenges to VIS's adoption in India. Investigated the
advantages and challenges of VIS in India in one of their studies. The authors
conducted in-depth interviews with judges and attorneys as well as surveys of
prosecutors, defense attorneys, judges, and victim support groups in four
Indian cities. The study discovered that VIS in India may have a number of
advantages. They consist of; VIS can give victims a forum to express their
emotions and convey the suffering caused by the assault, which can give them a
sense of power and validation. Sentence guidance: VIS can give judges a more
thorough understanding of the harm brought on by the offence, enabling them to
decide on the right punishment with greater knowledge. Deterrence: Because VIS
is public, it may serve as a deterrence to potential offenders by drawing
attention to the repercussions of their actions. The report did note a number
of challenges to VIS adoption in India, though. They consist of: Lack of
knowledge: Many victims and their family are unaware of their ability to offer
a VIS, which might lead to a lack of involvement in the procedure. Retaliation
anxiety: Some victims and their family hesitate to provide a Report out of
concern for the offender's or their associates' retaliation.
Cultural hurdles: In some
circumstances, cultural barriers might make it difficult for victims or their
families to discuss the hurt that the violation has caused in an open manner.
Lack of standardization: The VIS procedure is not yet standardized in India,
which may cause differences in the kind and caliber of information offered. Minimal
influence on sentence: Despite the potential advantages of VIS, there is some
worry that judges might not always consider the remarks when sentencing. The
introduction of VIS in India could have a substantial positive impact on crime
victims. The process's implementation is, however, hampered by a number of
factors, such as a lack of awareness, a fear of retaliation, cultural
differences, and a limited impact on sentencing. It could be important to
spread the word about VIS, improve victim and family protection, and harmonies
the VIS procedure all over India in order to overcome these challenges[6].
VI.VIS: AN INTERNATIONAL PERSPECTIVE
A victim plays a critical role in
meeting the needs of the victims on a global scale:
a) The victim empowerment movement
was founded on the “UN Declaration of
Basic Principles of Justice for Victims of Crime and Abuse of Power1985 [7](Declaration)”.
This declaration ardently argued that the victims should speak up loudly during
the trial and advocated for the rights of victims in terms of protection,
assistance, and participation in the court system. The Declaration serves as a
venue for victims to voice their concerns during the trial without impairing
the offender's rights.[8]
b) In accordance with the
proportionality principle, “VIS was found
to be constitutional even in the United States in the case of Payne v.
Tennessee[9]”. The Crime Victims' Rights Act, passed
by the House in 2004, acknowledged and upheld the victims' rights to
participate fully in the justice system.
c) In Canada, not only do the victims
have the right to describe their VIS, but the court also has the authority to
ask the prosecutor whether the victims were given a reasonable opportunity to
construct a VIS. The victim may be ordered by the court to submit a VIS by
adjourning the case[10].
d) Scotland implemented VIS in 2009,
allowing victims of serious crimes to provide written testimony to the court on
the emotional, bodily, or financial suffering that has resulted from the
incident. However, specific information should not be included in the VIS, such
as how the incident affected others or the sentence the victim believes the
perpetrator should get.
e) The Victim Personal Statement
(VPS), also known as a VIS in England and Wales, serves the function of
describing the extent of the victim's suffering as a result of the crime.
The cornerstone for the creation of
requirements for submitting a VPS and its application in court proceedings is
the Code of Practice for Victims of Crime. When the international realm is
emphasized, it becomes increasingly clear how important it is for the Indian
justice system to build a VIS mechanism. In a nation where people strive for
justice and try to put a stop to exploitation at all levels of the system, VIS
would speak up loudly for victims' rights.
VII.THE MODERN UNFOLDING OF VIS IN INDIA
Currently, no legal requirements
exist in India that make VIS necessary. But recently, a number of court rulings
have supported the use of VIS and pointed to the need for its implementation to
modernize the criminal justice system. Very recently [11]
the victim's right to a free, fair, and impartial trial was it elevated by the
Apex Court? The victim's perspective must be taken into account while deciding
whether or not to grant bail. In a decision that created a precedent, the Court
concluded that victims had an undeniable right to contest the accused's
conviction. A VIS has also been underlined as being strictly necessary to
decide disputes in a more professional manner. The Court additionally
reaffirmed the need for the state to present adequate guidelines in order to
get accurate and uniform VIS reports for use in subsequent adjudication.
As a forum for victims to communicate
their experiences, opinions, and feelings to judges, lawyers, and the court,
victim impact statements (also known as VIS) have been recognised as an
important tool in criminal justice systems all over the world. This is because
VISs allow victims to share their stories with the court. During the sentencing
phase of a criminal trial in India, the inclusion of VIS in the Code of
Criminal Procedure, 1973, gives a legal framework for victims to submit
statements. This allows victims to have their voices heard. Yet, the successful
adoption and application of VIS requires a number of variables, including
awareness and education, a supportive legal framework, access to resources,
sensitivity and empathy from criminal justice professionals, as well as
constant evaluation and feedback. This research study will investigate these
issues in depth, drawing on pertinent literature and research papers to provide
practical implications for the successful implementation and application of VIS
in India.
The importance of education and awareness:
Legal Structure That Is Conducive To Support:
One of the main issues preventing the
effective implementation of VIS in India is a lack of knowledge and education
regarding the importance and advantages of victim participation in the criminal
justice system. Research have indicated that victims may be hesitant to engage
in court proceedings owing to fear of revenge, a lack of trust in the criminal
justice system, or a lack of information about their rights. There are several
reasons why this might be the case. In order to ensure that these services are
delivered successfully, it is crucial to inform and educate victims and their
representatives on the function and goal of VIS as well as their legal rights
and protections. It is possible to achieve this by utilizing community outreach
initiatives, legal aid clinics, and victim assistance organizations.
Access to the Available Resources:
It may be necessary for victims of
crime to have access to resources and support in order for them to actively
participate in the criminal justice system and submit a VIS. These may include
medical care, counselling, legal representation, or any other type of support
assistance. The provision of such resources and services ought to be included
in programmers that are intended to assist victims, and they ought to be
accessible to all victims, irrespective of their financial circumstances.
Research have indicated that victims may be prevented from participating in
court procedures and filing VIS forms because to a lack of resources and
support from the community.
Having sensitivity as well as empathy:
For the (VIS) to be successfully
implemented in India, the country's criminal justice system must demonstrate
sensitivity and empathy towards the lives and experiences of victims. Training
for judges, lawyers, and other professionals working in the system should focus
on actively listening to the perspectives of victims and their representatives
and showing respect for their perspectives. They should also be mindful of the
potential impact that traumatic experiences might have on victims and should
take measures to reduce the potential for more traumatic experiences during the
court procedures.
Evaluation on performance:
The successful implementation of VIS
in India calls for continuous review and feedback to ensure that the process is
efficient and meets the requirements of the victims. This can be accomplished
through the collecting of data on the application and effects of VIS, as well
as through the administration of questionnaires and the facilitation of focus
groups with victims and representatives of those victims[12].
There are a number of practical
issues that must be taken into account in order to successfully adopt and apply
VIS in India:
Legal Framework:
The creation of a legal foundation for VIS in India is the first stage. To make
VIS admissible in court proceedings, changes to the current criminal justice system
would be necessary. The Indian Evidence Act of 1872 may already include a
provision for the use of VIS, or a new statute specifically addressing VIS may
be passed.
Victims' privacy and safety must be
protected during the VIS procedure in order to persuade additional victims to
come forward. In order to safeguard the secrecy of victims' statements and to
shield them from any intimidation or reprisal by the accused or their
supporters, rules must be in place.
Resources: To
support the successful implementation of VIS, adequate resources, including
manpower, financing, and technology infrastructure, must be made available. For
instance, if the victim lives in a remote place, the court may need to invest
in technology to enable for remote testimony.
The Benefits and Drawbacks of VIS Implementation in India
The following qualities need to be
taken into account in order to fully understand the existing plot and implement
VIS in India:
a) The Benefits-VIS
reports can offer a detailed, comprehensive, and unambiguous explanation of the
case, giving the court a clear picture from which to judge. This enhances the
court's capacity to choose the appropriate degree of restitution and the
severity of the penalty.[13]Because
judges will have a comprehensive grasp of the case that doesn't just center on
the accused, a thorough VIS May also aid a victim indirectly get bail orders
dispensed.[14]Victims
with VIS reports will be more pleased with the court's sentencing and may also
grow a lasting faith in the judicial system. The victim's complaints are more
about being left out of the decision-making process than they are about
receiving an unfair verdict. It's crucial to remember that discussing a case
can be cathartic and has been proven to have therapeutic advantages because
crimes can cause significant psychological and emotional stress.
b) The Setbacks -It
has been noted with relevance that the main legal justifications for opposition
to VIS are legal ones. While VIS reports may contain comprehensive information
on the incident, they may also include the victim's mixed feelings since he may
have recorded the statement out of retaliation, clouding his statements with
emotional extremes and reducing his memory of the events at the crime scene
were authentic. Such feeble, emotionally charged accusations may even have the
ability to divert the court's attention, weakening the case's legal arguments.
Worst still, judges may be persuaded to rule in favour of the victim by using VIS
reports as a form of emotional blackmail. It's very concerning that the legal
system can go from being "victim-centric" to
"victim-dominated". The possibility that VIS would make it harder for
judges to protect themselves from unjustified public pressure is another
argument against it.
The Indian Constitution grants all
individuals, even those who have been the target of criminal activity, access
to a variety of essential rights and protections. The following is a list of
important constitutional provisions and case laws in India that pertain to
victims of crime:
c) Right to Life and Personal Liberty[15] ensures that all individuals have
the right to life and the ability to pursue their own personal pursuits. Courts
have taken the position that this entails the right to live with dignity, which
encompasses protection against any kind of violence or exploitation in whatever
form. The SC of India ruled in the case State of Maharashtra v. Chandrabhan
Tale[16]
that the right to life includes the right to exist without the fear of being
exposed to any type of violence or abuse. This decision was made in the context
of the case.
d) Article 14 of the Constitution “ensures that all
individuals have the right to equality before the law and equal protection
under the law”[17].
This right is guaranteed to them by the Constitution. This indicates that the
law ought to be implemented in the same manner to each and every person,
irrespective of their social or economic standing. The right to equality,
according to the Supreme Court's decision in “Chairman, Railway Board v. Chandrima Das[18]”, includes the right to a fair trial,
which is an essential right for victims of crime. This decision was made in the
context of a case involving the Railway Board and Chandrima Das.
e) Access to Justice Guaranteed by Every Person's Possession of a Constitutionally Protected
Right to Get Legal Assistance Article 39A of the Constitution[19]
guarantees that every person possesses the right to receive legal aid and
assistance. Courts have taken this to suggest that victims of crime should be
supplied with legal aid, particularly in situations where they would not have
the financial resources to employ a counsel on their own. The Supreme Court
ruled in “Suk Das v. Union Territory of
Arunachal Pradesh”[20],
that the right to legal aid is an integral component of the right to a fair
trial. This decision was made in the context of the case.
f) Courts have found that Article 21 of the Constitution[21] grants victims of crime the right to
be compensated for their losses, and this provision is found in the right to
compensation clause. In the case “Chairman,
Railway Board v. Chandrima Das”[22],
the SC ruled that victims of crime have compensation a form of restitution for
the harm that was caused to them. This decision was made in light of the fact
that the victims of crime have been shown to be entitled to such compensation.
g) Protection of Children: The Constitution, specifically Article 15(3)[23],
stipulates that children are to be shielded from all forms of exploitation and
abuse. The courts have construed this to suggest that children who are victims
of crime should be afforded special protections, and this is something that
should be done. In the case of “Vishal
Jeet v. Union of India[24],”
the Supreme Court of India ruled that the primary consideration in any decision
regarding the welfare of children should be what is in the child's own best
interests.
h) Protection of Women: The Constitution makes it illegal against women discrimination on bases
of their gender[25], Courts
have construed this to suggest that additional safeguards ought to be made
available to women who have been the victims of criminal activity[26],
that women who are victims of sexual harassment at the workplace have the right
to a safe working environment as well as the right to seek redress for any harm
that has been caused to them. This ruling was made in reference to the fact
that women have the right to seek redress for any harm that has been caused to
them.
i) In general, the Constitution of India
offers a solid foundation for the protection of victims of crime, which
includes their right to life, equality, legal aid, compensation, and protection
from being used and abused.
VIII.RIGHTS OF VICTIM
Rights to Participate in Proceedings
Victims and their family have a right
to be present during criminal procedures. This right to be present at
proceedings includes the ability to be present during the defendant's trial,
sentencing, parole hearings, etc. With the help and presence of a dependable
advocate or family member, a crime victim is more comfortable and in a better
frame of mind to exercise his right to attend the proceedings.
Right to Restitution
The government creates victim
compensation to pay victims back for the costs associated with the crime. The
majority of compensation schemes accept applications from surviving family
members or direct victims of crime. However, if the victim's actions contributed
to their injuries, they may not always be eligible to file a claim for
compensation.
Right to Speak
Typically speaking, the victim's
statements may be either oral or written, according to the legislation.
Nonetheless, such declarations may be provided via audiotape, videotape, or
other technological methods in some states. These victim statements outline the
impact of the crime on them, including any financial, physical, psychological,
or emotional effects, among others.
Freedom of Information
The criminal justice system should
give victims with general information of interest. It contains details on your
legal options, such as the ability to attend hearings, provide a victim impact
statement, request a protection order, sue the perpetrator in court for
monetary damages, and more. The victim should be informed of all events that
take place during the process, including the arrest of the accused, the
granting of bail and related proceedings, the dropping of charges, the
acceptance of a negotiated plea, the hearings for sentencing, the granting of
parole, and other events.
Right to Compensation
Restitution is the process of making
up for the harm the defendant caused.As part of their punishments, judges have
the power to order restitution from convicted perpetrators. While determining
the amount of compensation due, a court takes the victim's losses into account.
The defendant's financial resources may be taken into account by the court when
determining the overall amount of reparation.
Expeditious Restoration of Personal Property Rights
A victim of a crime could
occasionally lose their possessions. Theft or a police seizure of the item
could be to blame for this loss. When it is no longer needed as evidence in a
criminal investigation, the property that has been seized is often restored to
its rightful owner. To prevent the victim from being deprived of his property
for an extended period of time, certain jurisdictions have attempted to enforce
precise time limits for the restitution of property.
The right to a prompt trial
Several jurisdictions grant crime
victims this privilege. Furthermore, due to their facts and circumstances, some
particular cases are granted priority over others by various jurisdictions.
These high-priority cases may involve young children or elderly individuals who
are at risk.
Respect for privacy
In addition, many victims give up on
seeking justice out of concern for harassment or revenge from the people who
know them and the perpetrators. Victims have a right to privacy protection for
information such their name, address, phone number, etc. Additionally, certain
communications are protected from court disclosure, including those between a
husband and wife, doctor and patient, lawyer and client, etc.
The Protection of Women from Domestic
Violence Act 2005[27],
“the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act 1989[28]”,
the Maintenance and Welfare of Parents and Elderly Citizens Act 2007, and other
new legislation have all contributed to substantial changes in the State.
“The Act of 2005 Protecting Women from Domestic Violence[29]”
This law safeguards the victim
against domestic abuse and forbids the accused from denying the victim
continuous access to any facilities or resources that they are allowed to
utilize or take advantage of as part of their domestic partnership, including
the shared dwelling. A protection order, a financial relief order, a custody
order, a residence order, a compensation order, etc. can all be obtained by the
victims.
“The Act
of 1989 for the prevention of atrocities against Scheduled Castes and Scheduled
Tribes[30]”.
The purpose of this Act is to stop
atrocities against people who belong to scheduled castes and scheduled tribes.
According to this Act, victims must receive compensation in addition to various
reliefs that vary based on the sort of atrocity they endured.
Role of victim in sexual offences,
child abuse, and acid attack cases
In India, the role that victims play
in situations involving sexual offences, child abuse, and acid attacks might
differ from one incident to the next depending on the specifics of the case. On
the other hand, victims have the potential to play an essential part in the
investigation and prosecution of these crimes.
In instances involving sexual misconduct,
the victims almost often serve as the principal witnesses, and the validity of
their statements might be essential to obtaining a conviction. On the other
hand, victims may also be subjected to shame and blame, particularly in
situations in which they were acquainted with the offender or were in a
romantic connection with them. It's possible that victims are hesitant to come
forward because they're afraid of being punished or because they feel pressure
from society[31].
When it comes to incidents of child
abuse, victims may be less able to testify owing to factors such as their age
or the trauma they have experienced. In situations like these, additional
evidence, such as medical records or testimonies from witnesses, might be
utilized to bolster the case. Those who have been the victims of child abuse
may also have to deal with social stigma and shame, particularly if the abuse
was performed by the concept of victim justice is generally expanding and
becoming increasingly important as a crucial part of a criminal justice system
that is both fair and effective. If the criminal justice system respects the
rights and needs of victims and gives them the necessary support and resources,
it can significantly contribute to repairing the harm caused by crime and
fostering healing and justice for all parties involved or a close friend or
acquaintance[32].
In situations of acid attacks,
victims may experience serious physical and emotional stress, and they may also
have difficulty gaining access to medical care and rehabilitation services.
Acid attacks can be fatal. In addition, victims may be stigmatized and
discriminated against because of their looks. It is essential to emphasize the
fact that the part played by victims in these trials should not be restricted
to that of merely acting as witnesses. In addition to having their rights and
dignity maintained throughout the entirety of the judicial process, victims
should be given support and tools to assist them in coping with the traumatic
effects of the crime that was committed against them.
IX.CONCLUSION AND SUGESSTION
It is impossible to exaggerate the
significance of the victim's involvement in the sentencing procedure as a
component of the criminal justice system. The victim's voice is crucial in ensuring
that the offender is held accountable for their acts and that the victim is
given the opportunity to seek justice and closure. The victim's voice is
essential in ensuring that the offender is held accountable for their actions.
Over the course of the last several years, there has been a steady increase in
the amount of attention paid to the significance of victim participation in the
process of doling out sentences. A growing number of legal systems now give
victims the opportunity to share their perspectives on the aftereffects of the
crime on their lives and the appropriate punishment for the perpetrator.
Statements of victim impact, for
instance, give victims the opportunity to detail the physical, emotional, and
monetary harm that they have endured as a direct result of the criminal
offence. This material may be used to educate the sentencing judge or jury, who
may then take it into consideration when deciding what penalty is suitable for
the offender. In addition, having victims actively participate in the process
of determining sentences can give them a sense of empowerment and finality in
the case. It has the potential to make them feel heard and appreciated, and it
also has the potential to assist them in moving on from the trauma caused by the
crime. It is not appropriate for the feelings or preferences of the victim to
have a role in sentencing decisions; rather, they should be based on the facts
of the case and the principles of justice.
In conclusion, an important component
of the criminal justice system is the role that the victim plays in
establishing the proper penalty. It is vital that victims get the chance to
express their thoughts on the repercussions of the crime and the suitable
punishment for the criminal. Nonetheless, this information must be taken into
account in light of both the defendant's rights and the fundamental standards
of justice. In principle, the purpose of the criminal justice system should be
to ensure that justice is provided to both the victim of the crime and the perpetrator.
[1] “Centre for international crime prevention, handbook on justice for
victims 116 (UN Office on Drugs and Crime, 1999)”.
[2] Karmen, A. (2019). An introduction
to victimology for criminals (10th Ed.). Cengage Education.
[4] United Nations. (2005). Guidelines on Justice in Matters
Involving Child Victims and Witnesses of Crime. Retrieved from https://www.ohchr.org/en/professionalinterest/pages/victimsjustice.aspx.
[5] “National Center for
Victims of Crime. (n.d.). Federal Victim Laws. Retrieved from https://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/federal-victim-laws/.”
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[13] INDIAN
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[14] Puran v. Rambilas, 2001 SC 2023.
[15] INDIAN
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[16] State of Maharashtra v.
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[18] “Chairman, Railway Board v. Chandrima Das, (2000) 2 SCC 465”.
[19] INDIAN
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[21] Supra 28 pg 15.
[22] Id at 20.
[23] INDIAN
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[24] Vishal Jeet v. Union of India[24],
(1990) 3 SCC 318.
[25] INDIAN
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[26] “Delhi Domestic Working Women's Forum v. Union of India, (1995) 1 SCC
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[27] The Protection of Women from
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[28] The Scheduled Castes and the
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[29] “The Act of 2005 Protecting Women from Domestic Violence”.
[30] “The Act of prevention of atrocities against Scheduled Castes and
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Article Information
ROLE OF VICTIM IN SENTENCING POLICY
Authors: VANDANA TIWARI
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/24
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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