Criminology

Evaluation of the relationship between each role and goal of sentencing

Introduction

In the system of criminal justice, there are definite positions required to be balanced so that the court can run smoothly (Schmalleger et al., 2010). These positions are so important that their absence can lead to a guilty person getting away or to false convictions. This paper will not only evaluate all those positions but also explain their functions and roles in addition to the effect of prosecution on each role. In this paper, the relationship between each role and the goal of sentencing will be evaluated along with the objectives of substitute endorsements and all the suggestions from my side related to the rights of victims.

Roles of a Prosecutor

The primary responsibility of the prosecutor is to accuse or charge the criminal with his juristic crimes. It is considered the primary goal of the prosecutor to convict the criminal and acquire justice. In cases where justice is served, it is called a win, and the call for conviction is dismissed. Prosecutors play the role of public officers and bear the responsibility of remaining respectful and peaceful all the time. It is considered the primary duty of the prosecutor to ensure that if a criminal breaks a law, he must receive just punishment. The right to find out the truth and reality of crime and what is happening to the victims is given to the prosecutor. The role of the prosecutor is essentially important because if the criminals do not receive proper punishment, then the community will have to face even more criminal acts. If the criminal does not get caught or receive justice or punishment for his juristic crimes, then the community will face more crimes and criminal acts within it. The work of the prosecutor runs in accordance with the work of the judge, the defense attorney, and the victim so that justice can be assured. The other primary responsibility of the prosecutor is to ensure the availability of witnesses for testimony.

Roles of a Defense Attorney

The responsibility of a defense attorney is to ensure the provision of legal aid to their clients. The majority of cases include the theme of conducting the trial first or plea bargaining. It is in the foremost interest of the defense attorney to look after the interests of their clients. That is why the client’s interest is considered the main component of discussion by the defense attorney at any sentencing hearing. The main goal of a defense attorney is to pursue their client’s interest by all possible means, and sometimes this does not happen. The job of a defense attorney also includes providing their clients with a fair trial. The next important part is to ensure the safety and privacy of all the information handed over by the client to the defense attorney. This information cannot be shared with anyone, especially with the prosecution. The relationship between a defense attorney and his client can be confusing at times, but the main goal of the defense attorney is to prove that his client is a victim of the events that happened. To prove his client innocent, the defense attorney is required to provide proper sets of proof and evidence.

Role of the Criminal

In the system of criminal justice, the role of the criminal is pretty evident, significant, and important. A criminal can be defined as one who is charged by the prosecutor and defended by the defense attorney. The criminal is the one who violates the law by committing crimes and must face the consequences of them. Whenever a crime is committed, there is always a victim who has suffered that crime on the receiving end. However, whoever is accused of a particular crime also possesses normal human rights and must be given the chance to explain themselves. This is where the role of the defense attorney comes in and fits the situation. The criminal is the one who breaks the law and disturbs the whole law enforcement and establishment system. In most cases, the law tries to modify the behavior of criminals, but it does not work out. Due to advances in science and technology, criminals have now found multiple ways to commit crimes without leaving their defined territories. However, the consequences of any crime largely depend on its severity. In the case of serious crimes (like murder), even if the criminal tries to plead his way out, it is restricted if evidence is available. In addition to that, every criminal is sentenced by the judge for the particular crime committed or sent for treatment if the accusation is drug abuse or alcohol-related. In many cases, some criminals try to bring themselves back to the normal track of life but fail to do so because of the absence of any proper self-motivation or outside help. There is a direct relationship or connection between a criminal and the victim because a person becomes a victim whenever a criminal commits a crime against them.

Role of Victim

It must be noted that the least significant or interesting role in the system of criminal justice is that of the victim. However, it must also be remembered that the victim, on the other hand, is the primary cause and source of prosecution. Sometimes, there are complications regarding the victim’s role because the victim has to recall the whole process of the crime. It involves mental and physical disturbance and creates a lot of issues. The majority of people have the perception of the victim as a weak but dangerous person. The victim’s age does not have any range because whatever it is, the victim has to stand trial in front of the judge. Victims should be given supreme importance in the criminal justice system to provide them with appropriate attention and proper justice. The victim serves as the primary source of material or information required by the prosecutor for the conviction of the criminal. A victim is the main evidence or source of evidence of the crime. The only dark part of the process of victimization is the pain of confrontation and the suffering of acceptance borne by the victims during the whole process. Because of the immense pressure, sometimes the victim, despite being on the right side, drops charges against the criminal or backs out of the testimony, leaving the prosecutor with no potent evidence to charge or convict the criminal.

Reference

Schmalleger, F., Hall, D. E., & Dolatowski, J. J. (2010). Criminal Law Today (4th ed.). Retrieved from The University of Phoenix eBook Collection.

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