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Constitutional Amendment for Victims of Crime: The Victims' Perspective

NCJ Number
112957
Journal
Wayne Law Review Volume: 34 Issue: 1 Dated: (Fall 1987) Pages: 51-68
Author(s)
M A Young
Date Published
1987
Length
18 pages
Annotation
This article explains the trauma of criminal victimization, including that associated with case processing; reviews recent reform efforts designed to alleviate that trauma, including an evaluation of the effectiveness of these efforts over the past 12 years; and considers the rationale for a constitutional amendment from the victim's perspective.
Abstract
The basic categories of injuries crime victims suffer are financial, physical, and emotional. These injuries are typically compounded when the victim encounters the criminal justice system. There are financial losses due to time lost from work because of criminal justice proceedings, and the police may bill the victim for certain investigatory costs. In some cases, victims incur the cost of hiring their own attorneys to act as their advocates in dealing with the criminal justice system. Victims often suffer psychologically because of the way they are treated by the criminal justice system. Faced with the criminal justice system's abuse of victims, the U.S. Congress and various State legislatures have made remarkable progress toward promoting victims' rights over the past 12 years. The primary areas of legislative reform are the funding of victim services, the reform of criminal law or procedure to advance victims' interests, and the promotion of victim participation in the criminal justice process. In addition to such legislation, there is a need to amend the U.S. Constitution to guarantee crime victims' rights. This would ensure the constitutionality of existing victim legislation and give victims a legal status comparable to that given defendants. 42 footnotes.