NCJ Number
167373
Date Published
1997
Length
14 pages
Annotation
Legislative reforms to increase victim participation in the criminal justice system are examined with respect to their background, content, legal challenges, arguments for and against victim participation, and probable future developments.
Abstract
Efforts of feminists and law-and-order groups led in the 1970's to new procedures to make the criminal justice system more sensitive to victims' concerns. The 1982 recommendations of the President's Task Force on the Victims of Crime led to widespread adoption of reforms giving victims the right to participate in judicial proceedings. These reforms prompted legal challenges from defendants. Proponents of victim participation present both moral and penological arguments. Opponents of victims' participating in any capacity other than as a witness argue that retribution will result, that the system will be impeded, that prosecutors' control over cases will be lost, and that other problems are involved. The available research suggests that victim participation does not cause delays or additional expense to the system, does not necessarily result in more harsh punishments, and may or may not result in increased satisfaction with the judicial system. In addition, most victims are unaware of the reforms and never benefit from them. Nevertheless, many in the legal community and the social sciences continue to regard victim participation with skepticism. It is likely that victims will remain in their current position, hoping for sympathetic responses and information on their rights but more likely to remain ignorant of these rights. Notes and 75 references