Third wave of crime victims' rights: standing, remedy, and review

Author(s)Beloof, Douglas
Title Third wave of crime victims' rights: standing, remedy, and review
Source Brigham Young University Law Review. 255 (2005), p 255 to 370
Date 2005
Document type Journal article
Summary The author discusses how the crime victim's rights movement has worked to enact rights in two waves. The first wave provided victims with statutory rights and then in a second wave a number of states developed constitutional amendments that contain victims' rights provisions. However, it is now recognised that victims are often without standing to vindicate the rights secured by the first two waves. To transform these illusory rights into real rights the author suggests a third wave of victims' standing, remedy and review. Obstacles to the third wave include government discretion to deny rights; lack of a meaningful remedy to enforce rights; and appellate court discretion to deny review. Suggestions for overcoming these obstacles are proposed.
Keywords Victims rights; statutory rights; constitutional rights; enforce rights
Topic Victims rights