NCJ Number
180582
Journal
Crime Victims Report Volume: 3 Issue: 4 Dated: September/October 1999 Pages: 49-58
Date Published
1999
Length
6 pages
Annotation
Proposed Massachusetts legislation entitled the "Victim Miranda Law" requires the police officer or other person likely to have the first contact with the victim to read a specific statement to victims to inform them that they do not have to reveal certain kinds of information and to protect their privacy.
Abstract
Victims routinely volunteer details about their private lives at the request of a police official, prosecutor, defense attorney, or judge. They are unaware that this information may become the foundation of the defense theory at trial. The victim has already revealed this information by the time a victim advocate is added to protect the victim's privacy rights. The Victim Miranda Law is the first of its kind in the country. It addresses the problem of premature disclosures by victims. This Miranda statement is important, because victims are unaware of their rights and that defense may place their credibility in doubt. Victims' privacy rights lack the same protected status as other constitutional rights; the victim and the accused have competing rights. Several cases involving physical and sexual violence demonstrate the misuse of the victim's protected conversations to manufacture a defense. In addition, the Massachusetts Supreme Court has noted that an alleged victim's privacy concerns must be balanced against a defendant's asserted needs for exculpatory information when a defendant seeks access to any privileged records. Overall, the Victim Miranda legislation will both enhance the fairness of the criminal justice system in processing cases involving violence against women and probably lead to an increase in the reporting rate for such cases. Text of statement, figures, and table