Victims' Rights in the Criminal Justice System

On Friday, we heard Michelle Knight speak in court at her perpetrator’s sentencing.  This young woman is courageous, strong, and compassionate.  The bravery that it takes to face a perpetrator in court is remarkable.  I am grateful that our country believes in the impact of allowing victims to provide input to the court system.  Providing input can help a victim’s recovery in many ways, including giving her/him  a sense of power, having her/his voice heard and having an opportunity to face her/his attacker.  The victim/survivor did not have power in the moments that the crime was being committed; therefore, regaining that power may be a constructive part of the healing process.

The rights of crime victims and survivors have not existed for that long.  In fact, the crime victims’ movement in the United States started in the 1960’s and 1970’s.  The crime victims’ movement was an outgrowth of the fields of victimology, the women’s movement, state compensation programs, the rise of crime and the dissatisfaction with the criminal justice system, and victim activism.

Specifically, victim activism resulted in many well-known lobbying and support organizations, such as Mothers Against Drunk Drivers and Parents of Murdered Children.  These organizations can serve as beacons of light to victims and survivors, showing them that they are not alone.  Often, survivors of homicide (family members, friends) can be especially helpful in the criminal justice process because the victim of crime is not there to testify.  Family and friends can make judges and juries aware of who this person, this victim, was.

Throughout the 1970’s, the movement continued to gain traction, but was dealt a strong blow, when in 1979, the federal program (the Federal Law Enforcement Assistance Administration) that provided grants to the budding victim service organization was defunded.  However, a chance in administration brought the Presidential Task Force on Victims of Crime in 1982.  The Victims of Crime Act, which still funds Transitions today, came in 1984. One of the main proponents and writers of the VOCA, Lois Haight Herrington, also created the Program Management Team for Victims of Crime, which later became the Office of Victims of Crime, through the Department of Justice.

The 1990’s and 2000’s brought about more research and interest in crime victims.  More states were establishing victim compensation boards, more victim services organizations were established in District Attorney’s offices and state-wide, and victims’ rights amendments were added to state constitutions.  2004 brought strong vindication to the crime victims movement-an amendment to the United States Constitution.  This act provided federally mandated victims’ rights, including “The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.”

This article’s purpose is not to require or encourage all victims to provide input, but is to celebrate the United States’ effort to include and acknowledge the victims’ role in the criminal justice system.  I hope the government continues to fund and support crime victims through laws, programs, and grants that provide support to crime victims.