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Victim's Rights and the Constitution: Reflections on a Bicentennial

NCJ Number
108278
Journal
Crime and Delinquency Volume: 33 Issue: 4 Dated: (October 1987) Pages: 438-451
Author(s)
E Viano
Date Published
1987
Length
14 pages
Annotation
This article examines the unfolding, activities, and successes of the victim's rights movement within the American constitutional framework of the Bill of Rights.
Abstract
It analyzes the general importance of 'victims' as an effective political symbol and probes the connection between the victim movement and the powerful conservative forces that have dominated American life and the shaping of the criminal justice agenda during the 1980's. It focuses in particular on the cooptation of the victim's movement by the proponents of the 'crime control' model of criminal justice. It contrasts the liberal and conservative approaches, solutions, and agendas, and the clashes between the rights of the accused and those of the victim. It also looks for points of convergence and working agreement. Restitution is utilized as an example of an idea and plan that could bring disparate interests together. The article dedicates considerable space to a consideration of a possible constitutional foundation for victim's rights and concludes by pointing out the inherent dangers and destructive divisiveness that can be generated by an exclusive or excessive emphasis on 'rights.' (Author abstract)

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