NCJ Number
180802
Date Published
1999
Length
17 pages
Annotation
After surveying the victim-related rights and remedies that have developed over the past 20 years as well as their effectiveness as solutions for the problems they are intended to overcome, this paper classifies these rights in the context of alternative conceptual models; the respective merits of these models are addressed, followed by a projection of possible future trends.
Abstract
Over the past 20 years, remedies for the neglect of crime victims' rights have included State compensation boards; offender restitution; victim/witness assistance programs; victims' right of notification; victims' right to be heard and have an input in decisionmaking by police, prosecutors, courts, and parole boards; "rape shield" laws; informal dispute resolution; private prosecutions; and the facilitation of civil proceedings. Most evaluations of the effectiveness of these remedies report only limited success for victim-related reforms. Although laudable laws have been enacted to enhance victims' rights, their implementation has been inadequate. This is due largely to the reluctance of criminal justice officials to change their procedures to include victims in case processing, insufficient allocation of funds, and victims' lack of guidance and sophistication in the assertion of their rights. The enhancement of the victim's involvement in the criminal justice system should be balanced by the need to guarantee offender rights and to minimize the polarization of the parties. The use of reparational processes should be considered for this purpose. There must also be a greater involvement of the community in serving crime victims, just as the community is being charged with greater responsibility for helping offenders. 70 references and 47 notes