Of related concern is the distribution of rights accorded offenders and victims. It has been argued that victims do not receive equal protection from the criminal justice system's administration of justice because victims' needs and desires are too often not taken into account by prosecutors and criminal justice professionals. In fact, Rowland contends that victims' interests often deviate from the State's interests (Rowland, 1992 at 189). Victims' rights advocates argue that is patently inequitable to the victim to attend to the needs--material, psychological, legal, etc.--of the offender while taking no responsibility for the well-being of victims (Karmen, 1990 at 311).

At the most fundamental level of advocacy, victims seek standing--to have rights of participation in the process, to wield their influence and protect their interests (Rowland, 1992 at 181, 186). Among other things, this entails the rights to give testimony during the guilt and sentencing phases; to receive reparations; to be informed of court proceedings; and to be represented by counsel (188-189). Some victims' rights advocates pursue legislative recognition of victims' rights, while others pursue constitutional remedies (Karmen, 1990 at 339).

Critics of victims' rights advocacy warn that expanding victims' rights could compromise defendants' rights of due process (332). However, since restorative justice places a premium on proactively involving both victim and offender, granting rights of participation to victims need not compromise rights accorded to the accused.

This document prepared by Christopher Bright. Copyright 1997 by Prison Fellowship International.