NCJ Number
223153
Date Published
2007
Length
27 pages
Annotation
This chapter identifies some problems related to victim appearances in court and notes some recent attempts to address them in the United Kingdom.
Abstract
The problems addressed in this chapter are how to give victims a voice or influence in the handling of their cases; how to enable victims to give a full and accurate account of their evidence; and how to make court buildings and courtrooms nonthreatening while still allowing victim testimony to be fairly challenged by the defense. After discussing the traditional limited role of victims in case-related decisions in the common-law, adversarial system that is used in England and Wales, the chapter explains how Great Britain's Code of Practice for Victims of Crime increases victim notification and input regarding progress and decisions in their cases. Regarding victim participation in court proceedings as witnesses, the chapter reviews how victims are prepared for being witnesses in court, including how to cope with cross-examination and specific services and options available for vulnerable and intimidated victims/witnesses. Regarding sentencing, victims are being given the opportunity for more input through victim impact statements that allow victims to address the court regarding the harms that the crime has caused them. The most difficult aspect of increasing victims' rights and protections is making sure that the rights of the accused, which are embedded in the processing of cases in adversarial systems, are not infringed by the various protections and services instituted for crime victims. In some cases, the rights of the accused and the needs of victims are irreconcilable. In such cases, victims must be reminded that their interests are not served unless every effort is made to ensure that defendants are protected from wrongful convictions. 11 notes and 76 references