Over the past fifty years the treatment and handling of victims has changed dramatically. There are many reasons for these chances and there are also a couple of groups who are behind these changes as well. Many agencies are all for victims being involved in their cases. However, it is advised for them not to become too close to the people who are working on their cases. Many people debate about whether or not victims should be involved in their cases or not.
TREATMENT AND HANDLING OF VICTIMS BY THE CRIMINAL JUSTICE SYSTEM OVER TIME
The rights of crime victims have only begin to be recognized in the law during the last two decades (NCVC, n.d.). Prior to that, crime victims had no rights during the criminal justice process (NCVC, n.d.). They did not have to be informed of court proceedings or of the arrest or release of the defendant, they had no right to be present at the trial or other proceedings, and they had no right to make a statement to the court at sentencing or at any other hearings (NCVC, n.d.). However, today many states have passed many laws that protect the rights of crime victims (NCVC, n.d.). Not to mention the fact that 32 states have included crime victims’ rights in their state constitutions (NCVC, n.d.).
REASONS RESPONSIBLE FOR THESE CHANGES
The first public call for crime a victim’s rights constitutional amendment was in 1982, when a nine member task force appointed by President Ronald Regan recommended that the sixth amendment of the U.S. Constitution be augmented to include the rights of crime victims (NCVC, n.d.). After holding a series of public hearings in various parts of the country, and learning firsthand of the callous treatment of crime victims by the criminal justice system, the Task Force noted that: “The victims of crime have been transformed into a group oppressively burdened by a system designed to protect them (NCVC, n.d.).” Following the release of the Task Force’s recommendations, national crime victims’ rights leaders began to study the feasibility of implementing the Task Force’s recommendation to modify the U.S. Constitution (NCVC, n.d.). Those leaders first considered potential road blocks. Still a young movement, they were concerned that failure to amend the U.S. Constitution would result in a serious setback for crime victims’ rights nationwide (NCVC, n.d.). The group of national advocates decided to proceed first at the state level, securing victims’ rights in state constitutions, before addressing the U.S. Constitution and mounting a national campaign (NCVC, n.d.).
GROUPS RESPONSIBLE FOR THE CHANGES IN THE TREATMENT OF VICTIMS BY THE CRIMINAL JUSTICE SYSTEM
Members of the group decided to form an organization called Victims’ Constitutional Amendment Network (Victims CAN), and they began to work with advocates at the state level to amend state constitutions, testifying at legislative hearings, assisting in the development of promotional materials, and developing a network of experienced victim advocates (NCVC, n.d.). That work continues today (NCVC, n.d.).
PROS AND CONS OF VICTIMS BEING INVOLVED WITH THE CRIMINAL JUSTICE SYSTEM
Victim advocates work to give crime victims’ rights constitutional protection in order to increase the strength, permanence, and enforceability of victims’ rights (NCVC, n.d.) . In addition, at the federal level a constitutional amendment would provide a measure of uniformity to crime victims’ rights (NCVC, n.d.). Enshrining the rights of crime victims in state and federal constitutions also places those rights on a par with the rights of criminal defendants (NCVC, n.d.). In those few instances where the rights may be argued to conflict – for example, where a victim’s right to attend the trial is said to interfere with a defendant’s right to a fair trial – the defendant’s right would no longer automatically outweigh the rights of crime victims; courts would be required to evaluate any claimed or actual conflict of rights on a case-by-case basis to balance the interests of both (NCVC, n.d.).
REASONS VICTIMS ARE RELUCTANT TO GET INVOLVED WITH THEIR OWN CASES
Sometimes victims can be reluctant to be involved in their own cases because they simply do not want to relive the experience that they have gone through again. Then, other times they are blaming themselves for what took place and they are too embarrassed to let the public know what took place.
WHY ARE VICTIMS NOT ALLOWED TO BECOME TO CLOSE TO AGENTS OF THE CRIMINAL JUSTICE SYSTEM?
Victims are not allowed to become too close to agents of the criminal justice system not only because it violates their lawyers job code of ethics but also because it could cause problems within the case. If a lawyer or detective becomes too close to the victim they will want to do whatever it takes them to win. This could lead to them tampering with evidence and causing the case to be thrown out of court. The victim will never have the chance to see justice served because of someone’s stupid slip up.
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