NCJ Number
95123
Journal
Pepperdine Law Review Volume: 11, Symposium Dated: (August 1984) Pages: complete issue
Editor(s)
R E Palmer
Date Published
1984
Length
181 pages
Annotation
These articles trace the history of the victim in society; suggest reforms; compare State, Federal, and international victim programs; and examine costs, benefits, and constitutional considerations of implementing redefinitions of the victim's roles in criminal actions.
Abstract
Advances in victims' rights can be seen in Federal and State legislation, in various victim support groups, and the cooperation of public and private sector victims' rights advocates. Current reform measures include restitution, 'Son of Sam laws' (to prevent enrichment of criminals through the expense of crime victims), and laws requiring victim-impact statements for sentencing input, victim/witness intimidation countermeasures, and victim notification. Reform ideas include speedy trials for victims' benefit, review of prosecutors' decisions not to prosecute, and legal assistance for victims. ln order to implement the citizen's right not to be a victim and the state's duty to protect the citizen, the interest and consequential standing of the victim must be recognized and the government must be held accountable. If government fails to meet tort standards of conduct, it should be held liable for a victim's injury and for failure to properly investigate and prosecute on the victim's behalf. By creating incentives for protection and prosecution, vindicating the victims' rights, and punishing those who commit crimes, the government will help secure the fundamental right not to be a victim. Extensive footnotes are included.