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NCJRS Abstract

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NCJ Number:	153424

Title:	New Jersey Constitutional Amendment for Victims' Rights: Symbolic Victory?

Journal:	Rutgers Law Journal Volume:25 Issue:1 Dated:(Autumn 1993) Pages:183-209

Author(s):	R E Wegryn

Date Published:	1993

Page Count:	27

Type:	Legislation/Policy Analysis

Format:	Article

Language:	English

Country:	United States of America

Annotation:	This legal analysis contends that the existing statutory and judicial scheme to protect victims' rights is not likely to be changed by New Jersey's Constitutional Amendment for Victims' Rights.

Abstract:	Approved in 1991, the amendment includes three statements related to victims' rights: (1) crime victims should be treated with fairness, compassion, and respect by the criminal justice system; (2) crime victims should not be denied the right to be present at public judicial proceedings except when, prior to completing testimony as a witness, they are properly sequestered; and (3) crime victims should be entitled to rights and remedies provided by the legislature. Although the amendment offers an opportunity for the New Jersey Supreme Court to articulate a constitutional majoritarian theory of victims' rights, the court will probably refuse to do so. In an area that is already heavily legislated, the court will most likely equate these new constitutional rights with existing statutory rights. The amendment's exclusive reliance on statutory remedies forecloses any possible monetary action against the State. Moreover, the amendment is unlikely to reverse the presumption in favor of sequestering victims or family members who may be testifying when the defendant's constitutional rights are at issue. The amendment's lasting effect will be the symbolic institutional achievement of State constitutional rights for crime victims. 141 footnotes

Main Term(s):	Victims rights

Index Term(s):	Constitutional Rights/Civil Liberties; Criminal proceedings; Criminology; New Jersey; State laws



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