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Rights For Victims of Crime

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 The Florida State Constitution elevates the rights of the accused over the victims'

rights. The constitution does not distinguish between the accused or the society and would

instead protect each individual's rights without discrimination. As a result, everyone who

stands in front of a court of law has the same rights as everyone else. As a result, the state

cannot violate fundamental rights without due process, which means there is a presumption of

innocence, and the state bears the burden of proving guilt(JUSTIA, 2021).

Such protection assures that an accused person's rights and privileges are protected

under the law, ensuring that they receive a fair trial(Hunt, 2018). Furthermore, victims' rights

usually tend to affect a small group in society. The rights of an accused person, on the other

hand, have far-reaching implications for the entire society, which is why they are considered

necessary. As a result, the accused's rights take precedence over the victims. It would be

much easier to convict an innocent person without the accused rights.

I agree with this provision that victims of crime should be involved in every stage of

the criminal proceedings of the accused. Victims should be included in the criminal case

against the accused and should be at the center, not on the outside. The laws that provide our

legal system structure and consistency are its backbone. For many years, criminal justice

rules failed to recognize victims of crime, limiting their access to the justice system and

restricting their rights. Participation in all kinds of governance is what defines democracy.

Victims should be able to participate in criminal proceedings regarding crimes committed

against them. Criminal defendants have express constitutional rights. Thus, it seems fair to

have the victim's right upheld during the criminal proceeding of the accused.

In the case of a conflict between the rights provided to victims and the rights of

convicted criminals, the victims' rights should take precedence. The victims have the right to

be treated with decency and respect if their rights are given precedence. It will also allow
victims of crime to receive the required assistance in dealing with the repercussions of the

crime committed against them and referrals to appropriate support following the conviction

process(Wemmers, 2012). Also, it allows for the victim's protection from subsequent

criminal actions, including reprisal, intimidation, and retaliation. Victims frequently believe

they are at risk from the offender, their friends, followers, and others who may imitate the act,

posing a security risk for victims, particularly in cases of repeated or chronic violence,

particularly domestic violence.

Allowing the victim's right to take precedence also permits the victim to be informed

of the convicted individual's impending parole hearings(Watts, 2016). Victim participation is

important for victims, and it may also assist parole boards in making better choices about a

convicted person's release. The ability for a victim to participate and be heard provides

procedural justice or a sense of fairness in how agencies work in a judicial system that

frequently ignores victims. Informing and conferring with victims by parole boards can have

a substantial therapeutic influence and promote victims' recovery.

 References.

Hunt, R. D. (2018). What's the importance of the Sixth Amendment? | Russell D. Hunt Sr.,

Attorney at Law. https://www.rhuntlaw.com/blog/2018/08/whats-the-importance-of-the-

sixth-amendment/

JUSTIA. (2021). Constitutional Rights in Criminal Proceedings | Justia.

https://www.justia.com/criminal/procedure/other-constitutional-rights/

Watts, A. (2016). Defining Victims in the Context of Parole Release | Robina Institute of

Criminal Law and Criminal Justice.

https://robinainstitute.umn.edu/news-views/defining-victims-context-parole-release

Wemmers, J.-A. (2012). Victims' rights are human rights: The importance of recognizing

victims as persons. Temida, 15(2), 71–83. https://doi.org/10.2298/TEM1202071W