Reference no: EM133963835

Case
Although the rights of victims have evolved over the years, there is still much to be done. From children being treated as property and being thrown into water to see if they could survive to modern day human trafficking, victims' rights still need to see a dramatic increase in resources, protection, awareness, advocacy, and accountability.

The case of Mary Ellen Wilson in the 1870s was a positive turning point in bringing awareness to abuse, with the founder of the SPCA, Henry Bergh, intervening on behalf of an abused child. This led to other SPCA organization branches intervening in other child protection cases (Crosson-Tower, 2021). In 1935 the Social Security Act included a section that for the first time ensured federal funding for child services, allowing for states to begin drawing attention to the need for developing and funding child welfare services, including foster care services, in subsequent years. In 1974, the Child Abuse and Treatment Act (CAPTA) was passed as the first act of legislation on the federal level that allocated funding specific to addressing child maltreatment and abuse prevention. While still lacking today in addressing the root causes of maltreatment, systemic biases, and its prevention, this legislation led to the mandating of states to coordinate reporting systems and identify mandated reporters, including doctors and teachers. In essence, it allowed for cruelty and abuse resources to be allocated, but prevention, rehabilitation, and origins of the abuse still need to be further scrutinized and advanced. In 1984 the Victims of Crime Act (VOCA) was passed, securing funding appropriated specifically towards services for victims, which paved way for the Crime Victims Fund (CVF), which federally funds compensation and assistance programs for victims.

Present day the rights of victims has a heavy emphasis on ensuring the dignity and the rights of the victim. The Crime Victims' Rights Act (CVRA) was passed in 2004 and grants a victim assurance that their voices can be heard throughout the legal process, allowing them to be involved. It ensures they are granted access and notification regarding all hearing dates and times of all court proceedings and secures their rights to restitution. It ensures that they can offer victim impact statements and have their privacy protected. Get reliable and affordable assignment help today!

Many critics argue that the definitions of victims and their rights are too ambiguous, that there are too many differences between statutes that are set on the federal and state levels, and that victims themselves are not treated equally based upon the crimes (Sattler, 2020). Victims of human trafficking, for example, have a specific set of rights granted to them via international law focusing on their rights that have been violated and granting them more specific resources in accordance with the Trafficking Victims Protection Act (TVPA) and the Trafficking Victims Protection Reauthorization Act (TVPRA). These acts place a responsibility on the Attorney General to ensure its maintenance (Toney-Butler et al., 2023).

Question 2

In Ohio, the constitutional amendments for victim's rights is referred to as Marsy's Law. It is named after a woman named Marsalee Ann Nicholas from Cincinnati, Ohio who was brutally murdered in California by her boyfriend in 1983. A week after her murder, her family was confronted by her murderer, unaware he was not in custody as he was granted and secured bail. Subsequently, they advocated for victims' rights and got their amendment added to the voter ballot in November of 2017. It became effective February 5, 2018. The law includes that victims hold the rights to be treated with dignity, notified and included on proceedings including the status of the offender, protection including the right to protect their personal information, and the right to objections to lengthy court delays and timely proceedings for restitution.

Question 3

It was interesting to read that "child protection is influenced by the knowledge being gained about trauma and brain development (Crosson-Tower, 2008). This is crucial step as early traumatic life exposures and experiences can alter brain development and cause life-long health adverse outcomes. I would like to see more resources allocated towards healing in regards to the studies.