NCJ Number
107169
Journal
Law and Contemporary Problems Volume: 47 Issue: 4 Dated: (Autumn 1984) Pages: 225-248
Date Published
1984
Length
24 pages
Annotation
This article considers the impact on prosecutorial discretion of increasing victims' participation at critical stages of criminal case processing, as mandated in the 1982 Federal Victim and Witness Protection Act.
Abstract
Under the act, the victim of serious crime is to be consulted regularly by the prosecutor and occasionally by the judge. Ordinarily victims have 'standing' only to present their views and evidence to the probation officers or, if issues are contested, to the prosecutor, who is to represent the victim's interests. The act does not establish victim parity of status with prosecutor or defendant, but as the representative of an interest that must be considered in case decisionmaking. Requiring the prosecutor to 'consult' the victim, however, is a long way from requiring the prosecutor to accept the victim's views. Such consultation may over time be viewed by victims as a 'cosmetic' ritual that has little bearing on the case. Ongoing assessments of the act's impact must determine whether or not prosecutorial and judicial consultation with the victim will provide input that actually influences case decisionmaking. Prosecutorial and judicial fear of adverse publicity may be the determining factor. 69 footnotes.