You are wrong!
Thirty years ago, victims had few legal rights to be informed, present and heard within the criminal justice system. Victims did not have to be notified of court proceedings or of the arrest or release of the defendant, they had no right to attend the trial or other proceedings, and they had no right to make a statement to the court at sentencing or at other hearings. Moreover, victim assistance programs were virtually non-existent.
Since then, there have been tremendous strides in the creation of legal rights and assistance programs for victims of crime. Today, every state has an extensive body of basic rights and protections for victims of crime within its statutory code. Victims' rights statutes have significantly influenced the manner in which victims are treated within the federal, state, and local criminal justice systems.
The core rights for victims of crime include:
The right to attend criminal justice proceedings;
The right to apply for compensation;
The right to be heard and participate in criminal justice proceedings;
The right to be informed of proceedings and events in the criminal justice process, of legal rights and remedies, and of available services;
The right to protection from intimidation and harassment;
The right to restitution from the offender;
The right to prompt return of personal property seized as evidence;
The right to a speedy trial; and
The right to enforcement of these rights.
Victims’ Rights Constitutional Amendments
In addition to statutory victims’ rights, nearly two-thirds of the states have adopted amendments to their state constitutions guaranteeing rights to victims of crime. Including crime victims’ rights in state constitutions increases the strength, permanence, and enforceability of victims’ rights.
Rights that are guaranteed by a constitution are stronger than rights that are set out only in statutes. No state law is valid if it violates a provision of a state’s constitution; no state law or state constitutional provision, and no federal law, can violate a provision of the United States Constitution.
Incorporating victims’ rights into constitutions also gives those rights a degree of permanence. Ordinary statutes can be changed at any time by the legislature. In contrast, it is relatively difficult to change the constitution of a state or that of the United States. In most states, a constitutional amendment must be passed by each house of the legislature by a two-thirds majority. This must usually be done at least twice, often with a legislative election between votes. Identical language must be passed each time. The amendment is then presented to the voters at a general election for ratification. Therefore, in most states the process of adopting a constitutional amendment takes several years. As a result, once crime victims’ rights are incorporated into a state’s constitution, they are likely to remain there indefinitely.
In addition, giving victims’ rights constitutional protections generally makes those rights enforceable. If an official or a state agency violates a constitutional right, a court usually has the power to order that official or agency to comply with the constitution.
The first state to adopt a constitutional amendment providing rights to crime victims was California, in 1982. While modest in scope, the Victims’ Bill of Rights amendment provided California victims a right to restitution from the offender, and specifically recognized the importance of enacting “comprehensive provisions and laws ensuring a bill of rights for victims of crime.” To date, 32 states have incorporated crime victims’ rights in their constitutions.
