Analysis of the Rights of Crime Victims and Witnesses Act: Gaps and Recommendations

Introduction

I am writing to present an analysis of the Rights of Crime Victims and Witnesses Act. Protection of human rights is essential, but victims of crime require additional assistance, as they have already suffered from rights violations. Victims are usually involved in the entire justice system process, which is initiated after a crime and can be pretty complex (Bureau of Justice Statistics, 2021).

The analyzed Rights of Crime Victims and Witnesses Act (2013) focuses on the victims’ rights and security during the process. Critical issues that the act addresses include the proper treatment and protection of victims. Considering all the rights allocated in section 4 of the Act, its priority is to involve victims of crimes in legal proceedings. It emphasized the need for notifications about various aspects of the process for the protected group and their presence in court. Despite focusing on protecting victims, the Act has several gaps in stated rights and their protection, revealing opportunities to improve the law.

Processes Required for the Legislation to Work in Practice

Agencies and their employees must follow specific processes to ensure the rights specified in the Rights of Crime Victims and Witnesses Act. Section 4.5 of the law describes the procedures required for this purpose, including the need to explain to victims their rights and a description of the authorities of various agencies when working with this group. In particular, law enforcement agencies should know victims’ rights and interpret them, provide necessary notifications, inform them of services for supporting victims and organizations that provide them (Rights of Crime Victims and Witnesses Act, 2013). Implementing such procedures requires special education and training, coordinated actions of services, and constant monitoring of work to improve it.

Clarity of Enforcement Mechanisms for Victims’ Rights

In case of violation of victims’ rights, it is necessary to make efforts to enforce them. The Act includes several enforcement measures – court-appointed remedies, recognition of per se violations, or compulsory training (Rights of Crime Victims and Witnesses Act, 2013). Although these measures aim to protect victims’ rights in case of a breach, there are some problems.

The Act does not specify how the court should appoint remedies and what compliance with the breach is, nor are they indicated. The Act also does not consider the implications of violations for offenders. As a result, implementation depends on the subjective perspective of the agent.

Strengthening Enforcement for Vulnerable and Special Populations

Protecting crime victims’ rights and enforcement methods have gradually developed and continue to change. In the past, the American justice system did not consider the interests of victims but served lawyers and defendants (National Crime Victim Law Institute, 2011a). The system has changed, but improvements are constantly needed, and increased enforcement is possible in several ways.

In particular, it is crucial to address the unique needs of vulnerable populations, like victims of domestic or sexual violence, children, or people with disabilities. For several decades, organizations have emerged that support various victim groups to help solve their problems (Office for Victims of Crime, 2005). Therefore, by collaborating with them, law enforcement agencies can individualize the approach to working with victims, make communication more effective, and coordinate protection, strengthening enforcement.

Common Victims’ Rights That May Be Missing

Notably, the Act has insufficiently precise wording of rights, which, in addition to ambiguity, leads to several common rights being missed. For instance, federal rights secured by the Crime Victims’ Rights Act (2006) establish the right to confer or not limit the right to be heard in post-arbitration court proceedings. The discussion of rights at the federal level is broader and more extensive, while the Rights of Crime Victims and Witnesses Act has several provisions that repeat each other.

Considering other common rights proposed by the National Crime Victim Law Institute (2011b), the Act lacks the right to standing and remedies and the right to apply for compensation, while the right to information is rather vague. Such gaps can have such negative consequences as the victims’ limited involvement in the justice process, a lack of transparency, a lack of support, and disparities in support for victims. As a result, the problem of neglect of the interests of victims may again arise.

Liabilities for Violating Victims’ Rights and Recommendations for Accountability

The sections of the Act considered do not include a description of legal liability for violating victims’ rights. The imposition of such responsibility will enhance the effectiveness of the Act and provide better protection for victims’ interests. The critical recommendation for assigning liability is its precise legal definition. Laws must specify what implications await those who violate victims’ rights and how they will be determined. Maintaining mechanisms embodying liability imposition and monitoring this process is also crucial.

Conclusion

Thus, the Rights of Crime Victims and Witnesses Act aims to protect victims of crime but has several gaps, which can affect its effectiveness. Victims’ common rights imply more opportunities and means for protection, such as the right to confer, to apply for compensation, information, standing, and remedies. The Act in question, therefore, requires change and expansion to protect victims of crime. Specific attention should be paid to vulnerable population groups, as well as precise language and liability imposition.

References

Bureau of Justice Statistics. (2021). What is the sequence of events in the criminal justice system? U.S. Department of Justice. Web.

Crime Victims’ Rights Act, 18 U.S.C. 3771. (2006). Web.

National Crime Victim Law Institute. (2011a). Fundamentals of victims’ rights: A brief history of crime victims’ rights in the United States. Victim Law Bulletin, 1-5. Web.

National Crime Victim Law Institute. (2011b). Fundamentals of victims’ rights: A summary of 12 common victims’ rights. Victim Law Bulletin, 1-18. Web.

Office for Victims of Crime. (2005). Crime victims’ rights in America: A historical overview. National Criminal Justice Reference Service. Web.

Rights of Crime Victims and Witnesses Act, 725 ILCS 120. (2013). Web.