Victims, Right?

61 Pages Posted: 17 Apr 2020 Last revised: 2 Dec 2020

See all articles by Anna Roberts

Anna Roberts

St. John's University - School of Law

Date Written: May 1, 2020

Abstract

In criminal contexts, a “victim” is typically defined as someone who has been harmed by a crime. Yet the word commonly appears in legal contexts that precede the adjudication of whether a crime has occurred. Each U.S. state guarantees “victims’ rights,” including many that apply pre-adjudication; ongoing “Marsy’s Law” efforts seek to expand and constitutionalize them nationwide. At trial, advocates, judges, and jury instructions employ this word even though the existence or not of crime (and thus of a crime victim) is a central question to be decided. This usage matters in part because of its possible consequences: it risks obscuring and weakening the defense side of our two-sided system. Changing the language is thus a reasonable reform. But the usage matters also because of the underlying impulses, assumptions, and realities that it reveals. An exploration of those helps to illuminate broader concerns that require systemic, rather than merely linguistic, change.

Keywords: Marsy’s Law, Abolition, Prison Abolition, Victims’ Rights

JEL Classification: K14, K41

Suggested Citation

Roberts, Anna, Victims, Right? (May 1, 2020). Cardozo Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3569623

Anna Roberts (Contact Author)

St. John's University - School of Law ( email )

8000 Utopia Parkway
Jamaica, NY 11439
United States

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