Miscellaneous

The Rights Stuff

By Anne Skove, Esq.

Do victims have rights? And if so, what are they, and from whence do they spring?

The Constitution says precious little about victims' rights. Rather, it focuses on the rights of the accused.

The legal system purposefully leaves victims out of the equation. It's not "Victim v. Defendant," it's "State v." or "People v." That's because we have decided that our justice system does better when it functions somewhat impersonally and as rationally as possible, rather than as an emotional mob.

When victims feel left out, public trust sags and that mob shows up anyway. So there needs to be some tip of the hat to victims.

But a Victims Bill of Rights? For goodness sake, everybody has their own bills of rights these days -- JetBlue customers, university students, programmers, philanthropists, and even NYC cab riders. The Constitution just isn't enough for some people.

Restorative justice seeks to heal the triad of community, offender, and victim by getting them all together in one place to discuss the offense in a meaningful way. Victims walk away feeling heard, as do defendants, and both often cite a greater understanding of one another.

The community may feel left out of this discussion, though. You can't invite the entire community, they won't all fit in the room. This is, perhaps, why victim-offender reconciliation programs (VORP) have not exactly set the world on fire. (Not that they have not caused a few sparks. Check out the VORP link, above, and VOMA, for a look at some remarkable work.)

Prosecutors have gotten better at taking victims into account. Victim advocates are available in the offices of many if not most prosecutor offices. They interview sexual assault victims, coordinate services for victims, notify victims regarding release dates and parole hearings of offenders, and perform other services. Never underestimate having a place people can go for help. Even if they don't use the service, its very existence says "we care," instead of "we could not care less." For all the talk about Mumia, there's still a dead cop.

But the question remains -- do victims have rights? Well, not really, but in addressing the emotions (fear, anger, sadness) of individuals and the public to SOME extent, we can keep public trust at satisfactory levels. Balance keeps the mob at bay, we hope.

See a lively discussion from Simple Justice: Judge Cassell Offers The Rationale Behind Victims' Rights (March 28, 2008), and A Great Event to Gear up for National Crime Victims' Rights Week, Doug Berman, Sentencing Law & Policy (March 27, 2008). See also the National Organization for Victim Assistance (NOVA), and the DOJ's Office of Victims of Crime National Crime Victims' Rights Week page.

Full post as published by court-o-rama.org on March 29, 2008 (boomark / email).