Victims' Rights: Rethinking Our 'Adversary System'

Pizzi, William T.

doi:10.2139/ssrn.174790

Cited by 3 publications

(3 citation statements)

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“…Traditionally, the criminal justice system in America has largely recognized the rights of the defendant in all criminal proceedings (Blondel, 2008), with apparent lack of recognition for the rights of crime victims (Kyl et al, 2005). Victims’ rights advocates argue that the rights of victims of crime must be recognized during criminal proceedings, because these individuals have a unique interest in such proceedings (Cassell, 2009; Pizzi, 1999), and have heavily criticized this behavior of the system. The major concern of the advocates is that victims of violent or non-violent criminal acts have a stake in the criminal proceedings that is different from that of the public or non-victims.…”

Section: Historical Analysis Of Federal Victims’ Rights Legislation Imentioning

confidence: 99%

Victims’ role in the criminal justice system

Boateng

Abess

2017

International Journal of Police Science & Management

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In theory, crime victims have several rights and privileges—ranging from the rights to be heard to the right to confer with the prosecution. However, they are still considered as the forgotten individuals in the system because of underlying issues associated with the implementation of victims’ rights laws. Today, most states do not have any effective mechanisms of implementing legislation guaranteeing the rights of victims. The primary purpose of this article is to offer a comparative assessment of victims’ rights legislation in USA and to discuss some of the issues inherent in the implementation of these laws. Issues such as the lack of professional knowledge, the lack of enforcement mechanisms, strict eligibility criteria for compensation, varying definitions of victim across jurisdictions, and the limited scope of most crime victim legislation are discussed. The article also discusses ways to address the issues identified.

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Section: Historical Analysis Of Federal Victims’ Rights Legislation Imentioning

confidence: 99%

Victims’ role in the criminal justice system

Boateng

Abess

2017

International Journal of Police Science & Management

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“…Proponents Proponents of a federal victims’ rights amendment often base their arguments on concerns regarding the victim’s position in the criminal justice system, positing that without a federal amendment, victims’ rights will remain inferior to those of defendants (Barajas and Nelson 1997; Cellini 1997). An amendment would provide both a formal and symbolic acknowledgment of victims’ legitimate role in the criminal justice system, forcing the adversarial system to be reconsidered in a new light (Pizzi 1999). Proponents argued that a federal amendment would extend victims’ rights without interfering with the rights of the defendant (Barajas and Nelson 1997; Pizzi 1999; Twist 1999) or without resulting in an excessive financial burden (Barajas and Nelson 1997).…”

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confidence: 99%

“…An amendment would provide both a formal and symbolic acknowledgment of victims’ legitimate role in the criminal justice system, forcing the adversarial system to be reconsidered in a new light (Pizzi 1999). Proponents argued that a federal amendment would extend victims’ rights without interfering with the rights of the defendant (Barajas and Nelson 1997; Pizzi 1999; Twist 1999) or without resulting in an excessive financial burden (Barajas and Nelson 1997).…”

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confidence: 99%

An Overview of the Victims’ Rights Movement: Historical, Legislative, and Research Developments^†

Mastrocinque

2010

Sociology Compass

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The Victims' Rights Movement has made considerable accomplishments since the 1960s, when an increasing crime rate, coupled with the underreporting of crime, inspired concerns regarding crime victims. In subsequent decades the Victims' Rights Movement evolved and gained considerable momentum. This paper examines the historical development of the Victims' Rights Movement, including the movement's focus on specific types of victimization and crimes. State and Federal responses to the movement are also presented, with attention to constitutional developments and debates. Finally, current issues are presented and future research is suggested.In the past few decades, the Victims' Rights Movement has continually evolved, resulting in increased advocacy, legal responses, and debate. Related sociological victim research has focused on both how victimization is defined and how social movements affecting victims are constructed (see, for example, Dunn 2004Dunn , 2008Holstein and Miller 1990). This past research discusses various aspects of victimization including defining oneself as a victim and how society labels one as a victim. The current paper specifically focuses on the Victims' Rights Movement providing an overview of the movement, beginning with a discussion of its early historical developments. The movement's attention to specific types of victimization and underserved victim populations is presented. In addition, an overview of legal responses and related debate and research is discussed. The paper concludes with current controversies and future research avenues regarding victims' rights. Understanding the evolution, accomplishments, and current needs of the movement is important to better tailor future research and policies. Early developments in the victims' rights movementAlthough studies of what would later evolve into victimology can be traced back to the 1940s and 1950s, the beginning of the Victims' Rights Movement arguably began in the 1960s. Increasing crime rates during this period ultimately caused a new interest in crime victims, as Presidents Johnson and Reagan encouraged a closer look at the extent of the crime problem and how to address the needs of the affected victims. Amidst these presidential actions, and respective federal and state responses, victim organizations began to emerge. This section discusses the impetus for crime victim concerns in the 1960s and resulting responses, as well as the evolution of victim advocacy. President's commission on law enforcementThe 1960s saw an increase in crime rates, which was partly attributed to the baby boomer generation entering its adolescence period (Chilton & Spielberger 1971 cited in Sociology Compass 4/2 (2010: 95

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Are reporting and investigation of rape cases victim friendly? Responses of the police from a cross-sectional study conducted in three states of eastern India

Swetapadma,

Subudhi,

Chattoraj

2023

International Review of Victimology

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The police are the first stakeholders within the criminal justice system responding to the offence of rape. Some specific laws have been enacted in India with the aim of incorporating a victim-friendly approach during the stages of reporting and investigation of rape cases by the police. This paper presents the results from the responses of the police from a cross-sectional study conducted in the states of Odisha (OD), Jharkhand (JH), and West Bengal (WB) in eastern India to see their approaches to the implementation of the victim-friendly provisions of the law at such specific stages. It presents the police perceptions on compliance with laws pertaining to reporting, registration and investigation of rape cases in the three selected states and the corresponding state-wise differences in police attitudes. The findings show that there is more non-compliance and there are differences in the degrees of compliance or non-compliance in the three states.

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Victims' Rights: Rethinking Our 'Adversary System'

Cited by 3 publications

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Victims’ role in the criminal justice system

Victims’ role in the criminal justice system

An Overview of the Victims’ Rights Movement: Historical, Legislative, and Research Developments^†

Are reporting and investigation of rape cases victim friendly? Responses of the police from a cross-sectional study conducted in three states of eastern India

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Victims' Rights: Rethinking Our 'Adversary System'

Cited by 3 publications

References 0 publications

Victims’ role in the criminal justice system

Victims’ role in the criminal justice system

An Overview of the Victims’ Rights Movement: Historical, Legislative, and Research Developments†

Are reporting and investigation of rape cases victim friendly? Responses of the police from a cross-sectional study conducted in three states of eastern India

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Product

Resources

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An Overview of the Victims’ Rights Movement: Historical, Legislative, and Research Developments^†