NCJ Number
113379
Journal
Marquette Law Review Volume: 7 Issue: 3 Dated: (Spring 1987) Pages: 572-597
Date Published
1987
Length
26 pages
Annotation
After tracing the history of the victim rights movement and government's role in it, this article discusses the purpose and provisions of the Victim and Witness Protection Act of 1982 (VWPA), examines its constitutionality, and offers recommendations for improving the implementation of victims' rights and services.
Abstract
Victim programs and legislation generally provide compensation for victims, mandate victims' rights, and protect certain classes of victims. The VWPA and other Federal, State, and local legislation are the statutory framework for current victim programs. VWPA provisions pertain to victim impact statements, the protection of victims and witnesses from intimidation, restitution, Federal accountability for an offender's escape or release, Federal guidelines for victim rights, and offenders' profits from the sale of stories about their crimes. Although the U.S. Supreme Court has not made any direct rulings on the constitutionality of the VWPA, a lower appellate court has upheld the restitution provisions, which have been the primary focus of legal challenges. For victim programs to be effective over the long term, the coordination of programs between States and between Federal and State levels must be improved. Government branches must also give more attention to the operational and financial impact of new victim/witness programs on the criminal justice agencies responsible for implementing them. 170 footnotes.