Role of the Victim in the American Criminal Justice Process (From Report for 1989 and Resource Material Series No. 37, P 245-253, 1990 -- See NCJ-135691)

• NCJ Number: 135703
• Author(s): L L Lamborn
• Date Published: 1990
• Length: 9 pages
• Sale Source: National Institute of Justice/; United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Japan

Annotation

Legislation in many states recognizes victims' rights and provides for informing and involving them in criminal justice proceedings as well as providing them with compensation.

Abstract

Crime victims are the people directly affected by the crime and often have a strong desire to be informed about the status of the criminal justice proceedings, to be present at the proceedings, and to be heard regarding the impacts of the crime. Participation in the criminal justice process may aid victims' recovery and their satisfaction with the criminal justice system. Victims may also want to ensure their safety by learning of sentences or pretrial release or may seek restitution. Recent legislation recognizes the legitimacy of victims' interests by requiring that they be informed, be present, and be heard. However, the vagueness of legislation virtually nullifies these rights. In addition, United States Supreme Court decisions have interfered with victims' rights by holding that some of the legislation interferes with the rights of the accused and is therefore unconstitutional. As a result, efforts are underway to amend the Federal and State constitutions to recognize victims' rights. 86 reference notes