Defendants and victims in criminal justice

Defendants and Victims

A crime resulting in the death or severe injury to the victim can have a profound impact on a spouse, children, co-workers, Christian brothers and sisters, and the community. Some contend that the focus is too often on the troubled past of the defendant and not the devastating impact on the victim in such cases. The objective of this study is to assume that the writer is on a committee that will limit the information that may be presented at trial regarding the defendant's past and the impact of the victim's injuries/death. Two rules will be proposed, one dealing with the defendant with one dealing with the victim. A scriptural and scholarly basis for each will be provided.

Character Evidence

According to Rule 404,. Character Evidence, Crimes, or Other Acts published in the Federal Rules of Evidence and reported by the Legal Information Institute it is prohibited to utilize evidence of a person's character or character traits in attempting to prove that on a specific occasion the individual acted according to that specific character or character trait. There are exceptions for a defendant or victim in a criminal case including:

(1) The defendant is permitted to offer evidence on the defendant's trait with the admitted evidence being such that may be rebutted by the prosecutor.

(2) In alignment with Rule 412 limitations, the defendant is permitted to offer evidence of the right of the alleged victim and upon admission of the evidence, the prosecutor may choose to rebut the evidence.

(3) In the situation of a homicide case, the prosecutor is permitted to offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the first aggressor was the victim. (Legal Information Institute, 2013, p.1)

II. The Biblical Principles

Biblical principles that can be applied to these two legal requirements relating to victims and defendants are found in Exodus 20:16 which states "You shall not bear false witness against your neighbor." (The Wartburg Watch, 2013, p.1) Regardless of the penalty that the defendant may face if they are adjudicated as guilty, there is no justification for the defendant speaking falsely again the victim if the victim did nothing to antagonize the defendant. According to 1 Peter 4:8 one should never tell anything on another individual that would hurt that individual and the biblical principle of the individual receiving the same level of judgment from God that the individual uses on others is applicable as well.

III. Review of Principles