Question

Do those accused of crimes have too many protections? Should victims of crimes have more rights? If so, what should some of those rights be? Discuss how the Fourth, Fifth, Sixth, and Eighth Amendments protect criminals, but no amendments protect victims. Point out how, in criminal cases, the victims aren’t even parties to the action; they are merely witnesses for the prosecution. Is this wrong? Should this system be changed?

Answer 1

Ans. YES, those accused of crimes have too many protection than the victim himself. therefore victims of crimes should have more rights as compared to the rights given to the accused. For instance the rights should be:

1. The right to protection from the accused

2.Right to notification

3. The right not to be excluded from the proceedings.

4. The right to speak at criminal justice proceedings

5. The right to compensation

6.The right to be treated with dignity and

7. The right to privicy

8. The right to consult with the prosecuting attorney.

The fouth, fifth, sixth and the eighth amendments protect criminals against in varied ways such as

The Fourth amendment protects the accused against any search without a warrant. This includes their home , their personal belongings, their company etc. In this case, it gives the accused ample amount of time to destroy evidence tlill the time a warrant can be obtained for his name. Therefore this amendment in a way protects the criminals.

In a criminal case if a person is tried and found innocent then the fifth amendment 'prohibits the court from trying that person again for the same crime'

According to the sixth amendment an accused has the right to be judged by a jury of his peers. This also states that the trial must take place in the same state or district where the crime was held.

The eight amendment states that an accused should not be inflicted by cruel and harmful punishments such as mutilating accused body and torturing him beyong his limit.

Thus, to sum it up we can say that the system that we are lugging on our backs since time immemorial should evolve. Instead of giving more rights to the victims there are more priviliges given to the accused in the name of rights. The victims are merely the witnessess of the crime in criminal proceedings as they are not given much liberty to express and defend themselves as compared to the accused. Many countries which have the democratic systems, the criminal procedure puts the burden of proof on the prosecution to prove that the defendant is guilty rather than having the defendant prove that he is innocent. If this is not wrong I don't know what is. And if we can't change the system we might as well follow it. This is the policy we have been following since ages.