The Achievements of the Victims Rights Movement
The rights that crime victims have fought for and secured are so numerous and varied that they must be grouped for comparison and analysis. One way to categorize these newly achieved rights is to note which groups of victims directly need, want, and benefit from a specific right. For example, in 1984, Wisconsin was the first state to adopt a Child Victims’ Bill of Rights. Among other provi- sions, it stipulated that all legal proceedings must be carefully explained to the young complainant in language he or she can understand.
Another way to keep track of rights is to note at which stage of the criminal justice process these options can be exercised. For example, the right to be present at all court proceedings (with the presid- ing judge’s approval) begins at arraignment when bail is considered. At the other end of the spectrum, the right to address the parole board arises years after the convict has been imprisoned. Still another way to classify victims’ rights is to note at whose expense they were gained. Conflicts among indivi- duals, groups, and classes permeate society. Rights gained by one group or class enhance its position with respect to its competitors or adversaries. In this zero-sum game model, three categories of
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victims’ rights can be discerned: those gained at the direct expense of criminals (more precisely: arrestees, defendants, convicts, inmates, probationers, and par- olees); those gained at the expense of the criminal justice system (agency budgets and the privileges and convenience of law enforcement, judicial, and cor- rections officials); and those gained at the expense of either offenders or officials, depending on how vic- tims exercise their newly authorized influence.