NCJ Number
195142
Journal
Sex Offender Law Report Volume: 3 Issue: 2 Dated: February/March 2002 Pages: 19-20,28-31,32
Date Published
2002
Length
7 pages
Annotation
This article describes the history and gains of the role of victims in the American criminal justice system.
Abstract
Victims are vital to the successful prosecution of specific criminal offenders. With the evolution of the attitude of the criminal justice system towards the victim, many courts have begun to acknowledge the importance of victims in the prosecution of the case and the need to address their concerns. In the past the victim’s role has been that of exclusion in criminal justice proceedings. Nowhere has this been more apparent than the prohibition against victim or survivor testimony about the effect of the crime. The victims’ rights and the restorative justice movements, which have grown in acceptance the past few decades, have been central in promoting the victims and their stories. Both seek to maximize the victim’s participation in determining appropriate restorative and compensatory measures. The restorative justice movement, which views crime as primarily offenses against communities and individuals, seeks to use such practices as community sentencing, peacemaking circles, victim-offender mediation, mentor programs, and victim services. The objectives are to allow the victim to express the effects of the crime, encourage the offender’s acceptance of personal accountability, and achieve forgiveness and reintegration of both the offender and the victim. Restorative justice also recognizes the victim’s right to request no prosecution or a lesser penalty. Courts have long recognized that assessing the harm caused by a defendant’s acts is a legitimate societal concern. However, the admission of victim impact information has withstood a variety of constitutional challenges at the State level. States define the types of crimes to which particular victims’ rights apply. There are differences among the States in the applicability of specific victims’ rights and variations within States such that certain rights are restricted to a certain subset of crime victims. The availability of the right to present impact testimony in cases involving sexual offenses is sometimes unclear. 4 tables