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24 lut 2022 · Is it impermissible to use the term “victim” in a criminal trial? On its surface, the question may appear silly – the trial has a victim [accuser] and defendant [accused]. Yet the issue arises periodically, and was highlighted in recent trials.
The law that gives voice to victims’ rights is found in California’s Constitution, across a host of statutes, and in the decisions of the appellate courts.
A victim’s waiver of the right to a victim advocate is inadmissible in court, unless a court determines the waiver is at issue in the pending litigation.
article discusses why “victim” is a legal status term and why other terms used to describe victims are inaccurate; analyzes the current state of the law surrounding use of the term at trial; and demonstrates how, when properly treated as a legal status term, “victim” can be used during criminal proceedings without violating a
(c) (1) A victim, the retained attorney of a victim, a lawful representative of the victim, or the prosecuting attorney upon request of the victim, may enforce the rights enumerated in subdivision (b) in any trial or appellate court with jurisdiction over the case as a matter of right.
The Victims’ Bill of Rights Act of 2008 provides all victims with rights and due process. A list of these rights are available in English, Spanish, and many other languages. This guide highlights key rights victims can access at different stages of a criminal case.
8 kwi 2023 · In Part I, I offer four critiques of Capers’s proposal: (A) that shifting power to victims still involves shifting power to the carceral state and away from defendants; (B) that defining the class of victims will pose numerous problems; C) that privatizing prosecution reinforces a troubling impulse to treat social problems at the individual ...
