The criminal justice system in America is known to have its flaws. In recent years, more attention has been brought to the justice system than ever, in light of larger issues like police brutality and mass incarceration.
More recently, the spotlight has shifted away from the justice system and toward another pervasive problem in our society — sexual misconduct. Victims of sexual assault and harassment have come out and provided testimony of the men who took advantage, whether in the workplace or otherwise. Their stories have given rise to the “Time’s Up” movement, fueling conversation on how to appropriately punish perpetrators.
The increasing public consciousness of both these movements has brought the idea of crime and punishment into our thought more than ever before — especially the role of the victim should play this process.
On Thursday, the Massachusetts Supreme Judicial Court justices ruled that judges must take the victim’s opinion into consideration when sentencing perpetrators. In other words, victims are now able to have a say in whether their assailant deserves a lighter or harsher punishment. Judges will be forced to take victims’ perspectives on the fate of criminals into account.
While victims have always been welcome to suggest their assailant’s punishment in a court of law, this ruling effectively overrides any defense lawyer’s arguments made against the statement on the grounds of it violating the defendant’s rights. For the first time, Massachusetts trial court judges will be required to consider victims’ views in forming a sentence. Most certainly, the ruling reasserts victims’ rights in a time when they need them more than ever.
The main objection to the ruling is that it is detrimental to defendants. Not only could the victim’s impact potentially worsen the defense’s punishment, it also undermines the purpose of justice. After all, what does the victim know about legality in order to come to a conclusion? Another concern about this ruling is the quite possible emotional nature of the victim’s account, who may be heartbroken or upset for their loss, assault or other criminal offense.
However, it is important to note that the victim’s recommendation on the sentencing is just another component and voice for the judge to consider when making their ruling. It is by no means the final word — that, of course, is left for the judge, who has more likely than not, dealt with several cases that require intensive deliberation and careful consideration of both sides. Years of experience in court have certainly taught them how to look past emotions and make a fair judgement that is based on evidence and the facts.
This ruling comes at a very critical moment for the state of the nation right now. With more and more cases of sexual assault coming out every every day, judicial efforts like this can help deliver justice for the victims of these traumatic situations. Sexual abuse cases are especially complex and often lack empirical evidence by the time the case reaches court. In these circumstances, the victim’s viewpoint could provide a more holistic interpretation of the sentencing their perpetrator should receive.
Moreover, this effort aligns with the spirit of the movements that have formed in defense of sexual assault victims. They place more emphasis on the experiences of the victim, and it’s safe to say the judicial ruling certainly seeks to elevate their rights. Many people coming out and testifying in light of the movement are celebrities, whose testimonies are often public. This mandate could potentially hold the justice system more accountable, while continuing to empower those who have been experienced harassment.
And while the obligation to listen to the victim’s statement on sentencing may seem like another redundant or unnecessary ruling in a world of the law and text, it certainly would not hurt to rethink parts of our legal system as we encounter challenging cases of sexual assault ahead. It’s about time for this country to take initiative in delivering fair judgements. At the very least, it certainly never hurts to listen to the other side, particularly to those who may have been hurt.
