NCJ Number
154563
Journal
Judges' Journal Volume: 34 Issue: 1 Dated: (Winter 1995) Pages: 29-34
Date Published
1995
Length
6 pages
Annotation
This article examines the role of judges in victims' rights issues.
Abstract
Recognizing and expanding victims' rights has become one of the major developments in the criminal law affecting courts. Judges must actively participate in this process, even though other agencies within the criminal justice system are directly responsible for actually implementing many of the rights of crime victims. Services to victims of crime are usually provided by victim agencies that may be administratively assigned to a prosecutor's office rather than to the court, and for this reason judges sometimes believe that they should become involved in victims' rights issues only if disputes between the prosecution and defense attorneys present such an issue to the court. Many feel that this belief in the limited role of judges ultimately results in a negative public perception of the judiciary. Because the general public and specific victims perceive the judge as the ultimate decisionmaker and manager, judges should choose to take an active role in ensuring that victims' rights are considered and that their needs are met during criminal prosecutions. The article discusses advantages of ensuring that victims' rights and needs are fulfilled; effects of crime on victims; sources of law; court actions during the proceedings; protecting the victim; presence of the victim at trial; maintenance of victims' employment; and sentencing. The author believes that judges must learn and implement new constitutional provisions and statutes involving victims' rights because they will bring about a better system of justice. Footnotes