
Contents
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18.1 Introduction 18.1 Introduction
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18.2 Victims’ Rights Legislation (VRL) 18.2 Victims’ Rights Legislation (VRL)
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18.3 Who Is Protected by VRL? 18.3 Who Is Protected by VRL?
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18.4 What Rights Are Encompassed by VRL? 18.4 What Rights Are Encompassed by VRL?
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18.4.1 Right to Privacy 18.4.1 Right to Privacy
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18.4.2 Right to Information and Notification 18.4.2 Right to Information and Notification
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18.4.3 Right to be Present 18.4.3 Right to be Present
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18.4.4 Right to Be Heard 18.4.4 Right to Be Heard
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18.5 Can Victims Participate Meaningfully? 18.5 Can Victims Participate Meaningfully?
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18.5.1 Moving toward More Meaningful Involvement: Guidelines and Nudges 18.5.1 Moving toward More Meaningful Involvement: Guidelines and Nudges
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18.5.2 Do Prosecutors Help Victims Produce Meaningful Testimony? 18.5.2 Do Prosecutors Help Victims Produce Meaningful Testimony?
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18.6 Protecting Victims in Court 18.6 Protecting Victims in Court
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18.6.1 Shielding 18.6.1 Shielding
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18.6.2 Emotional Support: Facility Dogs 18.6.2 Emotional Support: Facility Dogs
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18.7 Enforcement of Rights: Legal Representation 18.7 Enforcement of Rights: Legal Representation
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18.7.1 Attorneys Provided through Legal Clinics 18.7.1 Attorneys Provided through Legal Clinics
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18.7.2 State-Funded Attorneys for Sexual Assault Victims 18.7.2 State-Funded Attorneys for Sexual Assault Victims
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18.8 Victim Direction of Prosecution 18.8 Victim Direction of Prosecution
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18.8.1 Private Prosecution in the United States 18.8.1 Private Prosecution in the United States
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18.8.2 Private Prosecution Internationally 18.8.2 Private Prosecution Internationally
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18.8.3 Accessory Prosecution Internationally 18.8.3 Accessory Prosecution Internationally
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18.9 Conclusion 18.9 Conclusion
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Notes Notes
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References References
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18 Victims and Prosecutors
Get accessAmanda Konradi is an Associate Professor of Sociology at Loyola University Maryland.
Tirza Jo Ochrach-Konradi is a graduate of Scripps College, in Claremont, California.
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Published:14 April 2021
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Abstract
This chapter explores crime victims’ experiences in U.S. trial courts in relation to the passage, application, and adjudication of state and federal victims’ rights legislation (VRL). It reviews victims’ current rights established through legislation and case law: to privacy, information, and notification; to be present; and to be heard in pre-trial hearings, in trials, in plea bargaining, and in victim impact statements. It reviews qualitative research documenting how and why prosecutorial discretion is often exercised to limit victims’ participation in trials and pleas, highlighting incentives for emotion management. It also reviews proposals, which are counter to this standard, designed to achieve greater victim participation and to produce higher quality testimony, including extensive pre-court preparation and courtroom intermediaries. It assesses the efficacy of practices to protect victims from secondary victimization in court, including shielding (close circuit video and screens) and support dogs. It explores use of private attorneys to (1) ensure that prosecutors and judges comply with VRL and (2) pursue victim-directed, private prosecution of sexual assault in the United States and elsewhere. It concludes that the promise of VRL—to provide therapeutic justice outcomes, achieve victim satisfaction, and enact procedural justice—is yet to be realized in the United States; however, an evidence-based approach toward prosecutorial practice would be advantageous for victims.
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