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Rights of Crime Victims in the Criminal Justice System: Is Justice Blind to the Victims of Crime?

NCJ Number
129950
Journal
New England Journal on Criminal and Civil Confinement Volume: 16 Issue: 2 Dated: (Summer 1990) Pages: 241-270
Author(s)
K E Polito
Date Published
1990
Length
20 pages
Annotation
Crime victims should have recognized roles in the judicial system so that they are adequately compensated for any financial losses and emotional pain suffered as a result of their victimization.
Abstract
Victims' rights are increasingly recognized, but fair and equitable treatment of crime victims will not occur unless these rights are constitutionally guaranteed. Currently, the victim's role diminishes to that of a mere observer after the crime is reported. Police and prosecutors have great discretion regarding investigation and prosecution, yet the victim's role is informal. A constitutional amendment on victims' rights would ensure victims the right to be informed of all decisions being made regarding the case and to be present and heard at all critical stages of the judicial proceeding, from arraignment through sentencing and restitution hearings. Defining these rights in the Constitution would protect them from political changes and would give victims and accused persons equal access, equal treatment, and equal justice. 187 footnotes