NCJ Number
96577
Journal
Judges' Journal Volume: 23 Issue: 2 Dated: (Spring 1984) Pages: complete issue
Editor(s)
F C Melcher
Date Published
1984
Length
53 pages
Annotation
This feature highlights court developments dealing with judicial liability, an increase in Judicial Administration Division dues, and issues considered at the National Conference on the Rights of Victims of Crime. It also examines the argument that increased concern for victims' rights has diminished the rights of the accused more than it has helped victims.
Abstract
First, the U.S. Supreme Court ruled in Pulliam v. Allen that judges acting in a judicial capacity may be sued for injunctive and declaratory relief and held liable for attorneys' fees and court costs. Second, an amendment has been proposed to the Judicial Administration Division bylaws; if ratified, it will increase annual dues from $15 to $20. Third, although attendees to the National Conference on the Rights of Victims adopted a 'Recommended Judicial Practices' statement, many other issues were discussed for which no recommendations were made. These issues included (1) whether the court should consider a victim's statement on a decision not to prosecute, and a victim's statement on the specific offense with which the defendant is to be charged, (2) whether the court should have the authority to permit private prosecution, (3) whether the court should issue temporary restraining orders limiting the defendant's access to the victim/witness or admonish defendants of the severe consequences of any efforts to intimidate victims and (4) whether more severe sentences should be given those convicted of child molesting.