To what extent does the law balance out the rights of the victims, offenders and society in the criminal investigation process?
The role of the criminal investigation process is to balance the rights of the victims and offenders in society. All individuals’ wether victim, offender or member of society have basic rights to which the law attempts to adhere to. While all are individual, the rights will differ for the purpose of maintaining a balance in society. Though upholding the rights of the people is essential in order to ensure that the investigation process is conducted correctly and without abuse.
In a criminal investigation case, a victim is usually seeking justice for an offence against them personally. Victims can …show more content…
The Australian law defines a victim as someone who has been attacked, murdered, robbed, deceived or cheated. Victims can be involved in a criminal trial process in a number of ways from reporting a crime and assisting police through to testifying at as a witness and submitting a victim impact statement. In NSW, victims of crime are recognised and guaranteed certain rights under the Victims rights act 1996. The Act contain a charter of victims’ rights which requires among a number of things, respect for a victims dignity, victims compensation, protection from the accused, protection of identity and certain rights to information and assistance during the criminal process. A victim impact statement is a voluntary statement written by the victim about the impact the crime has had on them. It allows the victim an opportunity to participate in the process by letting the court know how the crime has affected them. The statements are only permitted for serious offences involving violence, death of or any physical harm to a person and only if the court approves of it. Victim impact statements can be controversial because they can be very subjective yet have