1. Victims Rights: Fair and Equal? Mimi Harvill CJA/394 October 9, 2013 Michelle Mann

2. Victims Rights in the Past Middle Ages 19th Century Heavily based on Common Law Crimes were against an individual Victim-Centered Justice 20th Century Crimes were against an individual and the people Victims lost their voice in the courtroom Victims became a piece of evidence Public Prosecution Justice 3. Texas 1972 Linda R.S. v. Richard D. Deadbeat Dad did not pay child support Mother wanted to force Father to pay Texas court said No, the child is illegitimate The prosecutor refused to prosecute the Father United States Supreme Court 1973 Held the decision and did force the Prosecutor to prosecute the Father Mother could not show a connection between obtaining child support monies and punishing Deadbeat Dad Court ruled a citizen lacks the understanding to decide who should be prosecuted Victims Rights in the Past 4. How do you think Linda felt? 5. 2004 Crime Victims Rights Act (CVRA) the right to information the right to be present at criminal justice proceedings; the right to due process, and the right to notice of and opportunity to be heard at important criminal justice proceedings the right to financial recompense for losses suffered as a result of a crime the right to protection the right to privacy Victims Rights in the Present 6. December 6, 2012 at a cathedral in Billings, Montana Survivors Network of those Abused by Priests (SNAP) Held signs in protest of an alleged crime against children by a local clericNovember 24, 2011 at the parole board in the Oregon State Correctional Institution Roper was a model prisoner Roper attended classes Roper sought rehabilitative therapy Victims family addressed the parole board The board declined the release of Roper, and sentenced him to two more years in prison Victims Rights in the Present 7. Victims Rights in the Future Victims Rights Impact Future Court Proceedings Prosecution should be allowed some discretion Courts need to evaluate appeals Be wary of the power of the victim to sway court proceedings 8. The rights of the accused are equal to the rights of the victim; that is the duty of the legal system. 9. References CenterforVictimandHumanRights.(n.d.).TheVictimsRightsMovement.RetrievedOctober7,2013,fromCenterforVictimand HumanRights:http://www.cvhr.org/about/the-victims-rights-movement/ Clohessy,D.(2012,December6).MT-Victimswantactionaboutoustedpriest.RetrievedfromSurvivorsNetworkofthoseAbusedby Priests:http://www.snapnetwork.org/mt_victims_want_action_about_ousted_priest Davis,J.T.(2005,January8).TheGrassrootsBeginningsoftheVictims'RightsMovement.RetrievedfromNationalCrimeVictimLaw Institute:http://law.lclark.edu/live/files/6453-the-grassroots-beginnings-of-the-victims-rights FBI.(n.d.).RightsofFederalCrimeVictims.RetrievedJune5,2013,fromFederalBureauofInvestigation:http://www.fbi.gov/stats- services/victim_assistance/victim_rights Levine,D.(2010,August25).PUBLICWRONGSANDPRIVATERIGHTS:LIMITINGTHEVICTIMSROLEINASYSTEMOFPUBLIC PROSECUTION.RetrievedfromNorthwesternUniversitySchoolofLaw: http://www.law.northwestern.edu/lawreview/v104/n1/335/LR104n1Levine.pdf Schmalleger,F.H.(2010).Criminallawtoday:Anintroductionwithcapstonecases.(4thed.).UpperSaddleRiver,NJ:PrenticeHall. Wood,J.(2008,June6).TheCrimeVictims'RightsActof2004andtheFederalCourts(revisedJune2,2008).RetrievedfromUSCourts: http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/cvra0806.pdf Zaitz,L.(2011,November24).Killerdescribes'cruel'Portlandmurderintensebidforfreedom.RetrievedfromOregonLive: http://www.oregonlive.com/pacific-northwest-news/index.ssf/2011/11/convict_in_portland_murder_fac.html