ABSOLUTE VICTIMS

Crimes Where There Are Absolute Victims

[Institution's Name]





Crimes Where There Are Absolute Victims

Introduction

This research paper explores the topic of absolute victims of crime, particularly justice for those children who have been victims of molestation. Three different theories of justice are analyzed, reviewed regarding their outcomes and a best suited theory is suggested that would be applicable in order to achieve possible and right justice.

The American judicial system's need for an effective strategy to combat such crimes has been a constant topic of debate. While using models for balancing the fight for the right type of justice model, the United States' justice system struggles to find a pendulum balance between individual rights and social order. In this discussion, crime and human rights are considered and reflected from the view of society.

Discussion

The emphasis is on achieving right justice for the absolute victim. The term absolute victim refers to the victims that do not have the ability to protest or object against the crime in which they were targeted. We cannot identify a victim as a victim because they do not present themselves due to fear. One such example of an absolute victim is a child who is a victim of molestation.

Child molestation could be defined as the involvement of immature sexual activity; individuals who lack awareness of their actions as well as their choice. From this definition it is clear that sexual abuse is certainly not an activity that necessarily entails the act of penetration. The key, however, is represented by the condition of the victim, unable to choose correctly or to understand what is happening or being proposed. Sexual violence is one of the worst forms of violence which may be imposed on children. It can take many forms from incest, pornography, prostitution, human trafficking, sexual exploitation or abuse. Sexual abuse also includes acts such as blackmail, rape, forced sexual relations in front of others or with others, causing pain and injury to the victims. Sexual abuse is often present in situations of domestic violence. Three theories of justice are discussed below to analyze what may provide justice for the victim.

Due Process Model

The Due Process model is the attitude that a person cannot be stripped of life, property or liberty, without suitable legal processes and precautions. In due method, any individual who is charged with a crime is demanded to have their civil rights confined by the criminal justice organization.

The Due Process model is skeptical of the administrative investigation process and its ability to make an accurate assessment of guilt without judicial oversight. Thus, the Due Process model rejects the informal, administrative fact-finding and preferences, rather than formal, adversarial judicial proceedings. Within the Due Process model, there is no legal evidence before the case is open, heard and evaluated by an impartial trial and the defendant has had ample opportunity to discredit the case against them.

Advocates believe that Due Process must value individual rights in the criminal justice system. They believe that under no circumstances should the criminal ...