(Unclassified)
Information Paper
MCID-OPS
14 September 2014
SUBJECT: Special Victims Counsel
1. Purpose: This paper provides information on the Special Victims Counsel Program. This paper describes the intent behind its establishment and the intended outcome of its implementation.
2. Background: a. The Special Victims Program was developed to strengthen the support of victims of sexual assault and enhance these victims’ rights within the Justice system of the Military. The aim is to combat sexual assault in the ranks all while neither causing unreasonable delay nor interfering with the rights of the accused. The role of the Special Victims Counsel (SVC) is to passionately represent the victims interests and rights throughout
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Special Victims Counsels are JAG attorneys who have received special training and have been selected by the Judge Advocate General to serve a two year rotation. These attorneys’ will passionately represent their clients. The SVC’s will represent the best interests of their clients even when these interests do not align with those of the United States Government. The number one priority and duty of the SVC is to their clients and no other person or organization.
c. SVC’s must follow all applicable Army Regulations, the Army Rules of Professional Conduct for Lawyers, and the Rules of Practice Before Army Courts-Martial. Depending on the circumstances of the trial they could also be bound by other laws, regulations, instructions and ethics.
d. SVC’s will empower victims by helping the victims understand the military justice process and aiding these victims with all legal assistance required for this particular case. This will be accomplished by providing effective and timely advice, being available to assist throughout the entire military justice process from the initial investigation to the final convening authority action not to mention providing the advocacy needed to assure all rights are afforded and fully realized by the victim.
Prepared by: SSG Patricia
Crime Victims United of California is an organization which helps the victims of violent or serious crime to regain normalcy within their lives. Besides helping individual victims, they also are legislative activists helping support laws which support victims. According to the group, they use education and legislative advocacy to promote public safety and to make people aware of what are their rights when they are victimized by crime. Within the parameters of their programs for victims, CVUC provides psychological treatment as well as support emotionally and, if needed, financially to help people. They provide everything from a place to stay if they are psychologically or physically unable to return to their homes to education on what their rights are as a victim of a crime. These are limited as the primary focus of the group is in pushing forward legislation to protect people and also in providing legal representation to those who otherwise might not have representation or are reliant on legal representatives without expertise or particular interest in the case at hand. The attorneys and legal authorities working with CVUC are focused on advocating for the victim in terms of financial remuneration and also in representing the victim within the courtroom setting and in protecting the victim from being forced to interact with the perpetrator of the crime later on, such as in parole hearings where a victim is forced to relive
According to the National Center for Victims of a Crime (2012), “a victim’s advocate is a trained professional who facilitates assistance needed to victims during a crisis” (para. 1). The victims advocate will provide crisis intervention, referrals, and ongoing non-clinical support to the victim (National Center for Victims of a Crime, 2012). The victim is the one who will choose whether to accept the offer of victim advocacy services. The advocate is a powerful tool used by law enforcement by supporting, assisting, and guiding the victim through the process.
What is victim advocacy? Well from my knowledge I know that there are trained professionals that are there in support of victims and they also can offer victims vital information, the emotional support (which can be hard to find for some), and the help locating resources when it comes to filling out proper paperwork.
The past 20 years has seen a depth and maturation to the office of victims of crimes, which have influenced the changes in the roles and the perceptions of victims in the criminal justice system. That has lead to an increase in the new inputs of research to practice, improvements in individual trauma victims responses (through telling their story and help them ventilate), and to groups subjected to the same harrowing incident providing group crisis intervention). Also, it has lead to the development and strengthening of services to under-aided victims and a universal drive to write and enhance the victims’ rights in the justice system and to impose those rights (Young & Stein, 2004).
After reading the letter, I do feel tremendously sorry for the victim. She simply wanted to attend a party with her sister, and because she had "drank liquor too fast" what happened next came to her unexpectedly. She felt very violated and ashamed by this event which anyone would be, male or female. If a person were to wake up and be told that they had been sexually assaulted, I am sure that they would be devastated. However, I decided to evaluate this incident from both perspectives.I wanted to figure out how Turner was able to drag this poor girl from a party to behind a DUMPSTER. In the actual scenario, both Turner and the victim were BOTH intoxicated and had been kissing and dancing with each other at the party. Both parties were not
Ethics is the branch of philosophy concerned with the study of questions of right and wrong and one how one ought to live; with right and wrong being qualities or moral judgements assigned to actions and conduct (Banks, 2012). Since ethics deals with behavior, which can be regulated, it is concerned with standards of conduct. Every profession has a code of ethics to safeguard the reputation of the profession, protect the public from exploitation, and further competent and responsible practice (Melissa, 2005). The field of victim advocacy is no different.
In 1988 Florida voters passed an amendment to the state constitution granting victims of a crime the right to be informed, present, and heard throughout the criminal process. Florida State Attorney, Michael J. Satz, established Broward County’s State Attorney – Victim Advocate Unit (VAU) in 1989 to meet these demands. The VAU’s mission is to support victims and their survivors in understanding and coping with the criminal justice system and their victimization (Witnesses and Victims, n.d.).
There are many victim assistant programs that can do all these things and more. Today I am going to focus on a program based in Ohio and can be found online at www.victimassistanceprogram.org. This program offers a wide variety of services to help victims. Again, the pros far exceed the cons. One of biggest cons I can come up with, is a victim not connecting or liking the advocate assigned to them.
Imagine being in war, a woman that could be carrying a grenade, or an apple. Should you take the shot and kill her, or let her possibly kill the Army soldiers you are supposed to be protecting? This is where the Rules of Engagement (ROEs) come into play. Someone has to decide whether or not you can take the shot or not, correct? Have you ever wondered the history of the ROEs? What they state for wartime? This paper will be discussing the ROEs in wartime for the United States of America military.
Victimology is defined as, “Victimology is the scientific study of victimization, including the relationships between victims and offenders, victims and the criminal justice system, and victims and other social groups and institutions, such as the media, businesses, and social movements. Victimology studies victims of crimes and other forms of human rights violations that are not necessarily crime.” (US Legal, 2016) Victimology began in Europe after World War II ended. In the early stages of victimology, it was stated that victim’s attitude and conduct were the cause of criminal behavior. It wasn’t until the late 1960s when victimology increased in the United States. The first national victimization survey was conducted after an increase of
Those exercising this authority should do so with judgment and tact. Personnel so apprehended will be returned to the jurisdiction of their respective Service as soon as practical. Confinement of females will be according to AR 190–47.
True credits sexual violence during and after wartime to the fact that “soldiering masculinities” are encouraged (True, pg. 44). Any weapons are seen as fair game even if they are ones that are human rights violations. These violations include domestic violence sexual violence, forced pregnancy and marriage, trafficking, and much more (Unit 6 Lecture, 2018). However, the victims of these violations stem much further than just the civilian women and children in conflict zones. Instead, they are also the women within the military. An astonishing thirty percent of women in the military have been raped of sexually assaulted (Invisible War, 2013).
Historically, law enforcement response to victims of violent and/or personal crimes has been limited to focusing on securing and prosecuting the offender. A profound shift in this thinking began in the early 2000’s when it was discovered that there was remarked improvements in legal outcomes when law enforcement engaged the victim in the process, and this historical stance on victims is no longer the norm.
A victim is someone who has suffered through a harm or has affected either physically or emotionally by a crime that was committed by another person or persons . Victims of a violent crime may suffer from not only the financial stress but also from their injuries and the emotional trauma. Recovering from the violence or abuse that was inflicted upon someone can have a huge effect on them and how they live for the rest of their lives. These human beings would suffer from either long or short term emotions of fear, paranoia, nervousness, and skittishness. Although many of the victims say and feel like they are able to/ have no choice but to cope with the many physical and emotional burdens and need to live out their daily lives as if nothing has happened. Almost all the victims will need counselling to come to terms with what has happened.
Victims of violent crime experience extreme emotional distress, which is particularly intense for those who suffer serious physical injuries that require hospitalization. Unfortunately, most victims leave the hospital without receiving any services to reduce this distress or any information about crime victim compensation programs to which they may be entitled. Moreover, many victims do not participate in the judicial process because such participation would exacerbate the emotional problems they are experiencing and because they know little about it. This lack of criminal justice system knowledge may further contribute to victims’ emotional problems; particularly if they are called on to participate in the process.