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Case for Victims' Rights: Is There a Better Way?

NCJ Number
155647
Date Published
1993
Length
19 pages
Annotation
The best way to end the criminal justice system's neglect of crime victims and make the justice system more just is to give crime victims an active, formal role in the justice process by granting them the right to be informed of the progress of criminal cases, the right to be present and to be heard at every important stage of the justice process, and the right to pursue restitution.
Abstract
Victims' right to be informed might include the right to approve any plea agreements that involve the reduction or dismissal of any charges, a statutory requirement that crime victims be notified of court appearances and case status, and notification before offenders are released on furlough or come before a parole board. A victim's right to be present and heard at significant proceedings may be implemented through a right to be present in the courtroom at all hearings and throughout the trial and to be heard when an offender is sentenced, the provision of a structure for victim-offender reconciliation, and provision for a victim impact statement. In implementing the right to victim restitution, States can establish a structure for working out restitution agreements between victims and offenders, create restitution centers as an alternative to prison for nonviolent offenders (residents work during the day to pay for restitution), require judges to order restitution or indicate why not, and use fees collected from offenders to compensate victims. Practical suggestions are offered for how citizens can pursue the mandating and implementation of victims' rights in their States.