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Realigning Victims' Rights

NCJ Number
159726
Journal
Governing Volume: 9 Issue: 3 Dated: (December 1995) Pages: 43-45
Author(s)
A Daniels
Date Published
1995
Length
3 pages
Annotation
All 50 States have enacted laws focusing on victims' rights, but some professionals in the criminal justice system are concerned that the victim movement might be going too far.
Abstract
All States allow victims to have input at sentencing and provide for victim compensation. A majority require that victims be notified about specific events such as pretrial release and allow them to make impact statements at parole hearings. Twenty States have amended their constitutions to add protection of the newly legislated rights. However, one defense attorney prefers the term complaining witness rather than victim on the grounds that a crime may not have been committed. Many believe that giving victims certain rights during the pretrial and trial stages weakens the effort to provide an equitable and open-minded forum for determining guilt and punishment. Others caution that assault victims who are particularly articulate can skew results at sentencing. Nevertheless, victims' groups are trying to extend their rights and services both inside and outside the courtroom. However, victim compensation programs provide relatively low levels of recompense and are already finding it difficult to keep up with demands on their services and money. Some States are 2 years behind in awarding compensation. Although states have moved to meet many of the victims' rights demands, a slowdown may occur as all facets of the issues are considered. Nevertheless, the pressure continues, because victims believe that they need to have more say.

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