Notable media coverage of victims’ rights
In the wake of recent Federal Sentencing Reporter issues focused on victims’ rights at sentencing (details here and here), I was intrigued to see this new piece from US News and World Report headlined “Giving Crime Victims More of Their Say: A federal law has created tensions in the legal system.” Here are snippets from the piece:
Historically, the adversarial legal system has carved out roles in criminal cases only for the prosecutor and the accused. Victims have been relegated to the sidelines unless they were testifying. Although the interests of prosecutors usually align with those of victims, they are not always the same: for instance, when victims want tougher sentences than prosecutors do. Victims’ rights advocates hope the changes are just the start and are pushing to put victims on an equal footing with defendants and prosecutors. “What our goal should be is to put the victim back into the position as if no crime had been committed,” says Paul Cassell, a former federal judge who resigned this year to advocate for victims.
Crime victims began winning rights at the state level decades ago, but the 2004 legislation brought the protections to the federal level for the first time. Victims now must be notified about court developments. They must be allowed to speak during bail and sentencing hearings. And most important, the law gives them the ability to appeal rulings when they think their rights are being violated…. The Justice Department is even funding three legal clinics, in Maryland, Arizona, and South Carolina, to help victims assert these rights in court.
Some related posts focused mostly on victim input at sentencing: