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Crime Victim Rights and Remedies

NCJ Number
194489
Author(s)
Peggy M. Tobolowsky
Date Published
2001
Length
296 pages
Annotation
This book focuses on the evolving rights and remedies that crime victims have obtained over the past 20 years in the criminal justice system.
Abstract
Chapter 1 introduces the concept of victims’ rights and gives a history of the role of the crime victim from ancient times to the present. Chapter 2 defines the terms victim and crime, and introduces the right of participation in the criminal justice process. Chapter 3 discusses the right of the victim to notice of proceedings and outcomes according to constitutional, executive, legislative, and judicial actions. Chapter 4 describes the right to be present at criminal justice proceedings. Chapter 5 focuses on the right to be heard regarding charging decisions and pleas. Chapter 6 presents an overview of the right to be heard regarding sentencing and parole, including capital and noncapital cases, impact on criminal justice system administration and efficiency, and sentencing outcome. Chapter 7 provides remedies for victim rights violations. Chapter 8 covers the concept of restitution, including recovery of economic loss, psychological loss and victim satisfaction, intrusiveness and offender recidivism, and system costs and enhanced system credibility. Chapter 9 describes crime victim compensation, including utilization of the remedy, low visibility of the remedy, limited program staff and funding, and victim cooperation and satisfaction. Chapter 10 discusses civil litigation, including intentional tort and related direct actions, third party actions, and duty to control and warn of the conduct of others. Chapter 11 presents visions of the future of crime victim rights and remedies. 4 appendices, notes, index