For a good bit of time, the American Justice system had an odd opinion on what was justice. Justice based on the conviction. Solely. No one was concerned with the person who had been violated in one form or another. As long as a conviction was obtained, everyone was delighted. The victims were forced to retell their story over and over again, to repeat their humiliation(in some cases) or just relive an unhappy memory. This repetition would happen 5 or 6 times before the police even arrive, in some cases.
The struggle that placed upon the victim from both sides was enough of a deterrent that people began not to report crimes. Individuals who had witnessed some terrible occurrence often ended up with emotional challenges and would refuse to testify, only to be punished for trying to protect themselves mentally. Something had to give. And it did. In 1973, the American Supreme Court ruled in a case known as ” Linda R. S vs. Richard D,” a child support dispute that was a problem in Texas. Linda and Richard had a child out of wedlock.
Therefore Linda was unable to get the D. A to assist her because of the wording in the statute. “any parent who fails to support his children is subject to prosecution, but which by state judicial construction only applies to parents”(Wikipedia, web, 03/09/17). So because the child was “illegitimate,” Linda was unable for relief. She filed to compel the D. A only to have to appeal this case all the way to to the supreme court. The Supreme Court ruled that “ the legal standing to keep the prosecutor’s’ office from discriminatory applying a statute criminalizing non-payment of child support.
In dicta, the court articulated the then-prevailing view that a crime victim cannot compel a criminal prosecution because “a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another. ” (Wikipedia, Web, 3/09/17). The marital status was irrelevant because Linda was a victim of the crime. The D. A had ruled in error. And the attention the case gave the issue had been brought into the light. No longer was the victim abused to ensure the D. A’s success. The victim’s rights movements had begun.
Then, during the 80s, Ronald Reagan had launched a task force to assess the treatment of the actual victim of the crime. When the final report was released, it had unexpected results. It was apparent to those who had performed the study that American justice system was abusing the people that they were seeking justice for. “the innocent victims of crime have been overlooked, their pleas for justice have gone unheeded, and their wounds – personal, emotional, financial – have gone unattended. ” (Wikipedia, web,03/09/17) And the help for the victims began, not only in study but the resources available to these people had become usual procedure.
Counseling, financial resources, advocacy and legal counsel are now available to anyone who has been victimized. The counselor or an advocate will usually arrive before the person has even made their statement to the police. The advocates are there to ensure the mental health and rights of the victim are indeed guaranteed. These people ensure that the victim will not repeatedly be traumatized. They ensure that if they have any physical injuries are attended to and that their family notified. The advocates are the guardian angels of the victims in the legal system.
And while all areas must have a “victim’s services unit,” it is not required that the police department shares this information. It usually comes from the advocate. Financial aid, as well as group therapy and therapeutic events and education, are also offered by various foundations throughout the country. These foundations have been able to help with legal and medical issues that have arisen from their victimization. These groups have functions, social gatherings and other events to raise money to benefit people and to introduce individuals who have been victims of similar crimes or may have something else in common.
But the victim’s are not the only ones who suffer from the actions of others. When a person or child occurs a sex crime, it has a different type of trauma than an individual who watches a very gory death. The types of reactions these people will have will be similar in some ways but will affect their mental state very differently. The need for privacy is essential. There has been special programs and counseling invented for a person who has been assaulted sexually. This topic has always been a hot button in society. Sexual predators are considered the lowest of the low in American society.
Even the prison inmates have no tolerance for them. Sex Crime violates a person’s physical body and can destroy someone’s mind and life pattern. These sick individuals are treated with those most delicate care. On top of the core humanities rights and respect comes the legal rights. The two top priorities of this focus are the right to privacy and respect. In some cases, a person may not want to face their accuser. This process is allowed via deposition, telephonic appearance and other means of making a statement on the facts.
New ways of allowing a person to still participate in the justice process are being created on a regular basis with technological advances. These new technologies are beneficial to the victim’s mental health and can allow a person to help prosecute their perpetrator without having to face them. Deposition, telephonic appearances, and video chat have enabled victims to give their perspective without having to be traumatized by having to be in their offender’s presence. This likely gives them the closure they need to overcome their mental struggles.
Not everyone does overcome these issues. They have no escape. Crisis workers are prone to mental breakdown. Dealing with the trauma and carnage as well as suffering of humanity on a repeated basis can affect a person mentally. Depression and anxiety, as well as PTSD, have been common amongst first responders. The struggle of personal emotions must be bottle up to do their job. These observations also take their toll. These people who help those in need and bravely rush into danger to save others are going through a diverse series of emotions.
To deny those who help anyone, indiscriminately would be cruel. These people need as much support as the victims of the crime. They also have had a horrific experience, even if it is from a different side. The responding crisis workers do not have an easy job, under any form. The individuals who have been the first responders to arrive at the scene of crisis have usually been police and or the emergency medical team, In recent years, these people receive a bit of training, but they need more.
It only takes 640 hours of schooling to become law enforcement eligible, 40 of those hours educate on defusing crisis situations. An ongoing, continuing education project for police and emergency medical personnel should be implemented to assist these people with the most up to date techniques on defusing a potential crisis or helping a victim in the immediate time right after a traumatic occurrence. Mandate counseling for all emergency staff to avoid embarrassment and to normalize a topic that has been given a stigma in society in any time frame.
These coping tools for the people who deal with the most horrific visions and circumstances. Mental health plays a significant role in the legal system. Mental anguish and breakdown have become more prevalent in modern society. The day to day stressors that the average person is very different than 50 years ago. An individual who does not have to search for food or general shelter however he does have to deal with way too much stimulus for the mind and a massive increase in population. There have also been significant advances in medicines and food preservation techniques.
Add all the chemicals to the environment, and you have people who are ticking time bombs. Enacting these ground rules would have a huge impact for the good of all crisis workers. According to the Merriam-Webster, the very definition of the word “Crisis” has many different meanings of application. The two that apply to the topic are “a paroxysmal attack of pain, distress, or disordered function” and “ an unstable or crucial time or state of affairs in which a decisive change is impending; especially: one with the distinct possibility of a highly undesirable outcome.
The way a person responds to a situation can make or break the entire issue. First responders have to be able to address the situation and make a decision on the best interest of several individuals. While every person is different every experience is different, reaction to can also be correct in trauma and crisis situations. When a woman receives a traumatic brain injury, she is more likely to recover with less impact on day to day life than men. However, people are more liable to incur a head injury.
A combat veteran may watch someone gets hit by a car and run to administer help, while a teacher would probably develop issues from that same experience. And because every situation is different, everyone’s treatment must be different. There are six different modalities used to overcome a crisis. Community and community services, cognitive-behavioral therapy, family therapy, the eclectic therapy, task-centered therapy and multimodal or the use of multiple treatments(MIT) have all become standard procedures used more by behavioral health workers. However the most commonly used and efficient are multimodal.
Again, each person is different. One person’s therapy can involve the love and support of the community, treatment for a person’s behavioral and thinking patterns(cognitive). Another may need Task therapy as their agenda is entirely different and involves a set of steps to obtain a small or particular goal. These are the differences that make multimodal the most beneficial to the patient. Everyone just needs access to useful, quality therapy. One of the largest problems we have in America is not related to victimology however it does affect victims.
The ability to obtain the proper care to recover. There has been a debate going for the past years on ways to regulate the insurance and medical finance issues. American veterans have more problems obtaining the care they need to overcome connected combat problems and are committing suicide or dying from illness. The ability to get quality medical and mental health care would be ideal. We would have less legal issues and fewer victims. No matter how a person looks at that, it would solve a lot of problems. For not just the victims of crime but society as a whole.
