Victims' Rights and Victims' Wrongs
Victims' Rights and Victims' Wrongs

Author: Vera Bergelson

Publisher: Stanford University Press

Published: 2009-08-18

Total Pages: 248

ISBN-13: 0804772436

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"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.

Crime Victims' Rights Act
Crime Victims' Rights Act

Author: Charles Doyle

Publisher: Nova Publishers

Published: 2008

Total Pages: 104

ISBN-13: 9781604565256

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Legal reform in the name of victims of crime began to appear in state and federal law in the 1960's. It can be seen in victim restitution and compensation laws, in the reform of rape laws, drunk driving statutes, bail laws, and in provisions for victim impact statements at sentencing, to name a few. Over time in many jurisdictions these specific victim provisions were joined by a more general, more comprehensive victims' bills of rights. Thus, by the close of the twentieth century, thirty-three states had added victims' rights amendments to their state constitutions and each of the states had general statutory declarations of victims' rights.

Crime Victim Rights and Remedies
Crime Victim Rights and Remedies

Author: Peggy M. Tobolowsky

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9781611636949

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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 criminal 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 the subsequent years. In fact, it has been estimated that there are currently tens of thousands of statutes that directly or indirectly affect crime victim rights and interests, as well as crime 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 the law in this area, the text describes the status of implementation of these rights and remedies, relevant empirical research, and a sampling of pertinent policy analysis. This comprehensive portrait of the past and current status of crime victim rights and remedies in this country will inform the continued evolution of law and practice in this area. The third edition of Crime Victim Rights and Remedies continues 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 includes the state constitutional amendments, legislation, court decisions, and empirical studies completed since the second edition in 2010. Of particular note is an expanded federal section regarding each right and remedy in the federal Crime Victims' Rights Act, enacted in 2004, and court decisions that have interpreted the Act in its initial decade of implementation. The third edition also adds a new chapter concerning crime victim rights and remedies in the United States armed services and internationally.