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Old Nov 16, 2011, 11:45 AM
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elliemay elliemay is offline
Grand Magnate
 
Member Since: Jun 2007
Posts: 3,555
I hear what you are saying Open Eyes, but I do think there are two separate issues here that have to be counterbalanced - the rights of the accused versus the rights/needs of the victim(s).

In this society we have decided to willingly transfer the power to mete out justice to the court system. This transfer causes a lot of the powerlessness of which you speak. Not only did a lot of us not have the power to control what happened to us, but we don't even have the control to exact justice to our satisfaction. That power now lies in the hands of another.

Now add to that, we all have a right to due process under the law. Our court system is by definition adversarial and as such the accused has the right to mount a vigorous defense against any charges. Thus, once again, the victim of a crime is subject to victimization all over again.

In the court system the rights are granted the accused.

Is the system a deterrent for pursuing justice? Yes. Even if one does come forward there is no guarantee prosecution will be successful. A preponderance of evidence is required and the threshold of reasonable doubt must be met.

So, personally, I find myself in a real quandary. I have been a victim of a crime and know all to well the thirst for justice. However, I also recognize the need for and absolute benefit of the rights afforded the accused.

In my state we have a wonderful system of coming forward called the "blind report". In this system a person can report a crime of a sexual nature, BUT no investigation or anything is sought UNLESS or UNTIL a sufficient number of persons have reported the same thing. At the time when the police/district attorney decides to pursue the case, the victim is contacted.

It makes prosecution go much more smoothly as more evidence has been gathered.
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Thanks for this!
snowgoose