NCJ Number
112960
Journal
Wayne Law Review Volume: 34 Issue: 1 Dated: (Fall 1987) Pages: 125-220
Date Published
1987
Length
96 pages
Annotation
This article analyzes the current role of the crime victim in the criminal justice process and discusses the complex issues inherent in the proposals for a victims' rights constitutional amendment, concluding that the failure of proponents to address these issues indicates the campaign for such an amendment is premature.
Abstract
After reviewing the current status of the victim in the criminal justice process, the article concludes that a constitutional amendment granting the victim the unrestricted right to be present at all critical stages of the criminal justice process would occasion a substantial change in the law. The article then analyzes the President's Task Force's proposal for a constitutional amendment, the formulation proposed at a meeting of the National Organization for Victim Assistance, the most recent formulation of Victims Constitutional Amendment Network, and the proposed amendment to the Florida Constitution. Proponents' commentaries on the proposals for a constitutional amendment treat the value of such an amendment as self-evident and ignore the many issues raised by it. Proponents must demonstrate the inadequacy of existing and potential legislation advancing victims' rights in case processing and the superior benefits of the constitutional amendment proposed. Failure to do this indicates the prematurity of the proposals. 467 footnotes.