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Abstract: 

With the rise of the victims’ rights movement in the last several decades, the manner in which the courts have traditionally viewed the role of the victim and the impact of a crime on both the victim and the community has begun to yield to the challenges presented. From a perspective that discouraged testimony by the victim about the impact of the crime as unfairly inflammatory, courts and legislatures have begun to afford victims a greater voice in criminal proceedings. Some have adopted a restorative approach, which focuses on repairing the harm done to the victim and the community, while others continue a retributive approach, which finds justice in a suitable disposition for the offender. This article examines the history of the treatment of victims in the system, along with the rationale for denying victims a role in criminal deliberations. The article then explores the recent gains made by victims’ movements in broadening their participation in the process of justice. Future articles, which will appear in upcoming issues of SLR, will examine the limitations placed in legislation and case law on the emerging rights of victims to have the impact of crime on their lives recognized and addressed.

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Affiliations:  1: Managing Editor of SLR; 2: Rutgers University School of Criminal Justice, Distinguished University Research Fellow.