legal dilemma (1 Viewer)

[Mally Cat]

hi all, well i have an assessment task and it states (criminal law) 'determine the rights of the community, victim and accused and its balance', well i was wondering if someone knew these rights. I can find the rights of the accused but not sure about the community or victim. Thanks guys it would really help.
luv mal

 

[jdcb4]

Don't think they're specifically set out, just stuff like right to the protection of the community and the right to privacy (Maybe) maybe something about video tape statements for rape victims, retribution for society/victim etc

 

[Dark Phoenix]

rights for the community and the victim are some what similar. when its concerning both it is all about their view of justice. and just like what JDCB4 said, it doesnt have to be specific things. just things in general. if u can make some things up about justice and its link to equality, fairness etc from the 'law and society' chapter u should be fine.

usually this question goes with plea barganing. soin terms of the 'balance' of rights between community, victim and accused, they cant really be balanced if u think about it. say that the accused just gets a slap on the wrist, this would be considered 'fair' in the accused's perspective but not usually the victim and community as well. and vice versa. so it is difficult to achieve some sort of balance or fairness for everyone.

 

[jdcb4]

Yeah, alternative punishments like house detention, community service, reintegrative shaming and the rest from the syllabus should be useful come to think of it

 

[*tara90*]

i did a similar assessment last term. basically, with regards to the community, ur looking at the right to live in safety as well as their desires (the criteria can be useful here - eg. resource efficiency, opportunity for enforcement appeal and review). In terms of the individual, your looking at their right for justice to be achieved (the accused being punished in some way). this has increased in recent years with their increased role in the court system and the introduction of victim impact statements.

u said u knew about the accused. so basically u just have to look at how all these often conflicting wants and needs (rights) are balanced out, or attempted to, in the legal system. it's a good idea to look at some recent case studies or issues to make it more specific.

good luck!