Add your conference to our Justice Events calendar

PUBLICATIONS

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

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



	To cite this abstract, use the following link: http://www.ncjrs.gov/App/publications/abstract.aspx?ID=153424

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.

PUBLICATIONS

NCJRS Abstract

Find in a Library