criminal

Appealing to the Supreme Court On rare occasions, a case involving a crime victim raises significant legal issues that have not yet been addressed and resolved by an earlier judicial ruling. In these instances, victims and their supporters, as well as prosecutors and defense attorneys, have turned to the U.S. Supreme Court to make wise […]

VICTIMS AND JUDGES Judges are supposed to act as referees within the adversary system. Defendants often consider them to be partisans representing the state and favoring the prosecution. Angry victims, however, fre- quently see judges as guardians of the rights of the accused rather than protectors of injured parties. Victims who have been mistreated by

Cross-Examining Witnesses During Trials If they can’t wear down victims by stalling, defense attorneys might try to discredit them, along with other prosecution witnesses, before or during a trial. Attorneys for the accused are duty- bound to seek evidence that contradicts or under- mines what the accusers contend. In addition to a speedy trial, the

VICTIMS AND DEFENSE ATTORNEYS Victims and defense attorneys are on opposite sides and therefore are natural enemies within the adver- sary system. Whether hired privately for a fee or provided free to indigents, these lawyers have a duty to advise suspects, defendants, and convicts about legal proceedings and the options they can exercise. Defense lawyers

Dismissing Charges and Rejecting Cases Crime victims, police officers, and prosecutors are all supposed to be on the same side within the adversary system. Yet their alliance—based in the- ory on a common commitment to convict people guilty of crimes—often unravels. Victims may feel rebuffed and abandoned when prosecutors dismiss or reduce charges and counts

Protecting Victims Who Serve as Witnesses for the Prosecution A 19-year-old alleges he was shot in the face in a playground by a 21-year-old (a repeat offender who has a history of intimidating witnesses). The accused is jailed. A month before the trial, someone fires close to 20 bullets into the 19-year-old’s mother’s home while

Assisting Victims and Other Witnesses for the State The difficulties, inconveniences, and frustrations faced by people serving as witnesses for the prose- cution have been well-known for decades. As far back as 1931, the National Commission on Law Observance and Enforcement commented that the administration of justice was suffering because of the economic burdens imposed

VICTIMS AND PROSECUTORS Prosecutors are the chief law enforcement officials within their jurisdictions. They represent the interests of the county, state, or federal government. But their agencies also supply the lawyers that deal directly with victims. Therefore, prosecutors’ offices can be viewed as public law firms offering free legal services to com- plainants who are

Victims Rights Gained at the Expense of Criminal Justice Agencies and Officials Subject Rights of Victims General rights To be read their rights as soon as a crime is reported, or to be provided with written information about all obligations, services, and opportunities for protection and reimbursement Case status To be kept posted on progress

Rights Gained at the Expense of Offenders, the System, or Both The boldest demands raised by advocacy groups within the victims’ rights movement concern power. Some victims want to influence the outcome of the criminal justice process at key stages from bail hearings to jury selection to sentencing. Instead of being relegated to the role