NCJ Number
112956
Journal
Wayne Law Review Volume: 34 Issue: 1 Dated: (Fall 1987) Pages: 29-49
Date Published
1987
Length
21 pages
Annotation
This article discusses the need for a victims' right constitutional amendment, conflicts in victims' and prosecutors' interests, and the recognition of victims as parties in the various aspects of case processing.
Abstract
It advocates that one sentence be added to the sixth amendment of the U.S. Constitution: 'The victim in every criminal proceeding shall have the right to be present and to be heard at all critical stages of judicial proceedings.' Because prosecutors' interests are often not in accord with victims' interests in case decisionmaking, victims in some cases should have their own counsel rather than a lay advocate whose views do not have to be accepted by the prosecutor and who cannot communicate directly with the judge. The proposed victims' rights amendment would recognize victims as parties to criminal proceedings and grant standing to victims to sue for violations of their right to be present and to be heard. This right to be present and heard would apply at arraignment, preliminary hearing, pretrial hearing, trial, sentencing, post trial motions, and appeals. Victims' rights should be accompanied by appropriate remedies should those rights be violated, such as a new hearing or monetary damages. 66 footnotes.