NCJ Number
194509
Journal
Crime Victims Report Volume: 5 Issue: 6 Dated: January/February 2002 Pages: 85-86,94,95
Date Published
2002
Length
4 pages
Annotation
The evolution of the pertinent role of victims testimony in criminal proceedings is presented in this article.
Abstract
Courts across the country have begun to acknowledge the importance of victim testimony. In 1982, the President's Task Force on Victims of Crime created a victim's rights policy agenda urging judges to allow for input from victims of violent crimes, and give appropriate weight to victim testimony. The justice system's current treatment of victims was described as "a national disgrace." Historically victims have been excluded from active participation in criminal justice proceedings. Those victims who did participate were treated as tools by the prosecution and their stories were changed to fit the needs of the prosecution. Similarly, victims testimonies have been historically frowned upon as improper appeals for juror sympathy. The Victim's Rights Movement combined with the Restorative Justice Movement have significantly expanded victim roles in the courtroom. Restorative justice defines crimes as offenses against victims and communities and utilizes techniques including peacemaking circles, community sentencing, victim-offender mediation, and mentor programs. The focus has shifted from prison terms to specific objectives posed by the victim and community. These techniques afford the victims the opportunity to express their feelings about the offense and its impact on their family members. Offenders are given the opportunity to accept accountability for their crime and both parties attempt to achieve forgiveness. In 1991 in Payne v. Tennessee, the U.S. Supreme Court acknowledged the importance of the victim's testimony and stated that justice was due to the accused as well as the accuser. This acknowledgement led to State legislation calling for impact statements from victims. Victim impact statements are still limited in some cases involving possible death penalty sentencing. Several reference cases that ruled in favor of victim impact statements are listed.