NCJ Number
243222
Date Published
August 2012
Length
5 pages
Annotation
This Bulletin examines the provisions of State statutes that either codify procedures for enhancing a child-victim's ability to participate independently in the criminal proceedings of his/her case or contain language that may pose problems for child victims who want to assert their right to such independent participation in their cases.
Abstract
A number of State statutory provisions arguably or explicitly allow a child victim to designate a representative to act on his/her behalf, revoke the designation or appointment of a representative, or allow the child-victim's maturity to be taken into consideration when determining who will exercise the child victim's rights. These provisions acknowledge the child's right to have a representative who has legal standing to ensure the child's interests are independently addressed in the proceedings. Potentially limiting statutory language regarding a child-victim's participation in case processing include the nondiscretionary identification of a family member or other representative to assert a child-victim's rights concurrently with the child victim, or the discretionary appointment of representatives to act in place of a child victim in the absence of a mandate to consider a child-victim's independent ability to act. Concurrent exercise of rights may dilute or have the appearance of diluting the impact of a child's asserted rights. When the interests of the child victim and the child-victim's parent diverge, the child may be concerned that his/her voice will be diluted in the process. Given the potential for ambiguous legal interpretations and impacts of laws pertinent to a child-victim's independent participation in his/her case, it is important for practitioners in this field to distinguish those provisions that explicitly empower their child clients and those that may pose problems that impede the child's independent representation. 11 notes