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How Can We Help the Victim Without Hurting the Defendant?

NCJ Number
106299
Journal
Criminal Justice Volume: 2 Issue: 2 Dated: (Summer 1987) Pages: 14-17,38-40
Author(s)
D P Kelly
Date Published
1987
Length
7 pages
Annotation
In recent years, a majority of States have enacted legislation to help victims deal with the trauma of their experience.
Abstract
These include victim compensation and restitution provisions, rape shield laws, victims' bills of rights, victim impact statement requirements, and victim-witness programs. A number of these provisions, however, raise constitutional concerns related to privacy and confidentiality, the defendant's right to confront the accuser, and the right to public trial. In restitution schemes, problems arise in relation to the actual crime as opposed to the crime of conviction. Other reforms have been criticized for introducing too much emotionality into sentencing, turning trials into vendettas, and transforming the criminal justice process into a forum for private prosecutors representing victim interests. Despite these criticisms, there is little evidence to indicate that victim-witness reforms have negatively affected the criminal justice process. While much has been accomplished in the area of victim's rights, there is a great need for practitioners to be aware of them and implement them.