Law in Contemporary Society

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CaseyBoyle-FirstPaper 4 - 25 Mar 2008 - Main.CaseyBoyle
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 It serves this purpose in two overlapping ways. For one, it provides a forum through which victims can rehash the crime and verify their own righteousness. Secondly, it acts as a legitimate and formalized means by which victims can convert their moral and emotional sentiments into permanent judgments. In so doing, the criminal trial aids the victim in his emotional and psychological recovery by transforming him from a powerless victim into a powerful seeker of justice.
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  • Surely this would be the place to acknowledge that there is at least some contrary evidence available. The "second rape" characterization of rape trials, for example, and the "confrontation trauma" in child abuse come readily to mind.
 

Affords the Victim the Opportunity to Rehash the Crime

The criminal trial achieves this purpose of repairing the victim by affording an opportunity for the victim to verbally rehash the events of the crime before a judge, jury, and the perpetrator. This verbalization process is psychologically liberating, especially when the judge and jury accept the victim’s version of the facts. When judge and jury are on his side, the victim achieves not only the benefit of liberation through verbalization, but also achieves the psychological benefits of what feels like an alliance against the perpetrator. In this way, the victim is able to verify his own righteousness. With the force of the state standing behind him, the victim is elevated to the status of the powerful and rightful seeker of justice and revenge.


Revision 4r4 - 25 Mar 2008 - 00:40:21 - CaseyBoyle
Revision 3r3 - 26 Feb 2008 - 17:18:25 - EbenMoglen
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