Comparing Modern Victims' Rights in Israel and America: Israeli Victims' Rights Need Remedy

Abstract

This article describes, compares and analyzes crime victims' rights in the United States and Israel. In the context of Israel's somewhat differing procedures, the article argues that Israeli criminal justice would be improved with enforceable victims' rights. Seemingly parallel developments in recent years provide fertile ground for an up to date comparison and evaluation.

"The criminal justice system has long functioned on the assumption that crime victims should behave like good Victorian children - seen but not heard. The Crime Victims' Rights Act sought to change this by making victims independent participants in the criminal process. The CVRA guarantees victims eight different rights, and unlike the prior victims' rights statute ... allows victims to enforce them." Opinion of Judge Kozinsky, Kenna v. U.S. District Court (9th Circuit 2008).

"The court is not only responsible for molding the law, it also bears a responsibility toward the person who has been actually or potentially harmed by any criminal act… Human dignity and liberty are also rights of the citizen who has been harmed, hurt, run over by a vehicle, raped or blackmailed. The court's view should be comprehensive and balanced and it should not focus on one human sector only." Chief Justice Shamgar, CrimFH 2316/95 Ganimat v. The State of Israel, 49(4) PD 589, 629 [1989].

Keywords: Victims' rights, enforceable rights, crime victims