NCJ Number
113320
Journal
ABA Journal Dated: (September 1, 1988) Pages: 64-68
Date Published
1988
Length
5 pages
Annotation
Relatives of capital crime victims suffer when the justice system fails to control the duration of capital litigation.
Abstract
Convicted murderers are often able to use the capital appeal process for a decade or more in an attempt to overturn their convictions. During this time, the victims' families must relive the horror of the brutal loss of a loved one. They suffer depression and stress-related illnesses. The concerns of the victims' families must be balanced against a capital offender's right to due process and a fair trial. A way must be found to expedite capital appeals and to avoid delaying tactics. At the same time, victims' families should know that they have no legal role in determining the defendant's guilt. In Booth v. Maryland, Justice Powell noted testimony by a victim's relatives in capital cases is not relevant and could distract the jury from considering the circumstances of the crime. In 1986 guidelines to reduce the adverse effects of continuances on victims were published by the House of Delegates of the American Bar Association to reflect the concern of many States for the rights of victims.