Victims' Rights

• Author: Jeffrey Lehman, Shirelle Phelps

Page 223

Generally, the rights of the victims of a criminal act, whether at trial or after conviction of the perpetrator.

Victims' rights as a concept in American CRIMINAL LAW has had a patchy history. The prosecutorial-centered approach to criminal law developed in both the English and American COMMON LAW systems tended to marginalize the victim's position in the criminal process. Other than their testimony, there was no formal role for victims during the criminal trial, and little way for them to obtain compensation for the harms inflicted on them following the trial.

During the post-WORLD WAR II years, especially, American law seemed to be more interested in the rights of the criminally accused. This was evident after the Supreme Court's Miranda ruling (MIRANDA V. ARIZONA, 1966) and subsequent cases, which laid new boundaries for the constitutional rights of suspects. Even though many states were passing victims' compensation statutes at the same time, there were still concerns that the pendulum had swung too far in favor of criminal offenders.

In the 1970s, the phrase "victims' rights" began to be heard more and more as a rallying cry for those who felt that justice was not meted out equally to victims. Groups such as the NATIONAL ORGANIZATION FOR WOMEN (NOW), MOTHERS AGAINST DRUNK DRIVING (MADD), and various child advocacy groups raised the consciousness of the public regarding the treatment of victims by the criminal justice system. In response, the JUSTICE DEPARTMENT, under President RONALD REAGAN, set up the President's Task Force on VICTIMS OF CRIME. In 1982, the task force issued a report that was strongly critical of existing victims' rights programs. It particularly criticized existing victims' compensation programs, which were described as "inadequate" in terms of resources and difficult to utilize.

As a result of the findings, the federal government passed the Victim and Witness Protection Act of 1982 (18 U.S.C.), providing restitution for crime victims and allowing the use of "victim impact statements" at federal sentencing hearings. In 1984, Congress passed the VICTIM OF CRIME ACT (VOCA), an attempt by the federal government to establish help for crime victims on a nationwide scale. Among other things, the act created a federal victims' compensation account funded by fines assessed in federal criminal convictions. It also established funding to help state programs that...