Crime Victim Rights and Remedies

Prior to the emergence of a victims' movement in this country in the 1970s, crime victims had only limited formal rights and remedies in the modern American justice system. With the active encouragement of those involved in the victims' movement and guidance supplied by a national Task Force on Victims of Crime, convened by President Reagan in 1982, federal and state authorization of crime victim rights and remedies has increased exponentially in recent years. In fact, it has been estimated that there are currently tens of thousands of statutes which directly or indirectly affect crime victim rights and interests, as well as victim-related constitutional provisions in a majority of states. The authors describe the constitutional and legislative provisions addressing the principal crime victim rights and remedies and leading judicial opinions that have interpreted them. In addition to presenting the current state of law in this area, the text describes the status of implementation of these rights and remedies, relevant empirical research, and a sampling of the pertinent policy analysis. This comprehensive portrait of the past and current status of crime victims rights and remedies in this country will inform the continued evolution of law and practice in this area. The second edition of Crime Victim Rights and Remedies will continue to address the evolution of key crime victim rights (e.g., the rights to notice of and to be present and heard at criminal justice proceedings) and will include the state constitutional amendments, legislation, court decisions, and empirical studies completed since the first edition in 2001. Of particular note will be an expanded federal section regarding each right and remedy reflecting the Crime Victims' Rights Act, enacted in 2004, and court decisions that have interpreted it thus far.