Recognizing Victims in the Federal Rules of Criminal Procedure: Proposed Amendments in Light of the Crime Victims’ Rights Act

Abstract

Crime victims are virtually absent from the Federal Rules of Criminal Procedure – a situation that must change. In 2004, Congress passed the Crime Victims’ Rights Act (CVRA), which transforms crime victims into true participants in the criminal justice process. The Federal Rules of Criminal Procedure will also have to change to reflect crime victims’ new role and to accomplish Congress’s goal of recognizing victims’ rights.

This Article offers comprehensive proposals for changing the federal rules to both implement the CVRA and reflect sound public policy. It reviews the current absence of victims from the federal rules, discusses why it is necessary to amend the rules, and provides a rule-by rule analysis of the changes needed to implement the CVRA.

Keywords: victim, crime victim, impact statement, criminal justice, sentencing

JEL Classification: K14, K41, K42