NCJ Number
153424
Journal
Rutgers Law Journal Volume: 25 Issue: 1 Dated: (Autumn 1993) Pages: 183-209
Date Published
1993
Length
27 pages
Annotation
This legal analysis contends that the existing statutory and judicial scheme to protect victims' rights is not likely to be changed by New Jersey's Constitutional Amendment for Victims' Rights.
Abstract
Approved in 1991, the amendment includes three statements related to victims' rights: (1) crime victims should be treated with fairness, compassion, and respect by the criminal justice system; (2) crime victims should not be denied the right to be present at public judicial proceedings except when, prior to completing testimony as a witness, they are properly sequestered; and (3) crime victims should be entitled to rights and remedies provided by the legislature. Although the amendment offers an opportunity for the New Jersey Supreme Court to articulate a constitutional majoritarian theory of victims' rights, the court will probably refuse to do so. In an area that is already heavily legislated, the court will most likely equate these new constitutional rights with existing statutory rights. The amendment's exclusive reliance on statutory remedies forecloses any possible monetary action against the State. Moreover, the amendment is unlikely to reverse the presumption in favor of sequestering victims or family members who may be testifying when the defendant's constitutional rights are at issue. The amendment's lasting effect will be the symbolic institutional achievement of State constitutional rights for crime victims. 141 footnotes