I. Summary

I applaud the way our nation embraced the survivors of the September 11 attacks. But the cab driver who got shot in Baltimore on September 11, 2001, or the [family of the] waitress in Sioux City, Iowa, who was raped and killed on that same day, are entitled to be supported just like the survivors of September 11. Right now in the United States, they aren't.[1]

Many people have strong interests in the functioning of the criminal justice system: victims of crime, witnesses, those accused of committing crimes, and society at large, which requires the fair and effective administration of justice. In recent decades, both internationally and inside the United States, there has been a growing demand that greater attention be paid to the interests and rights of victims of crime as well as to ensuring their access to justice.

Unfortunately, the public debate on this topic too often casts the rights and interests of victims and defendants as a zero-sum game in which safeguards for defendants' rights-such as the presumption of innocence and the right to a fair trial-come at the expense of victims, and improvements in the treatment of victims impinge on defendants' rights. While there can be tensions between the legitimate interests of victims and defendants, a criminal justice system based on human rights standards can safeguard the rights of both while advancing justice and the rule of law.

Several international human rights instruments-including treaties binding on the US as well as detailed best practice guidelines-provide standards for upholding victims' rights and interests. These standards are discussed in detail in this document; we summarize them in the paragraph below.

First and foremost, all victims of crime should have their status recognized by the state. Such recognition should be forthcoming whether or not alleged perpetrators are identified or arrested. Human rights standards demand that victims be treated with compassion and with respect for their human dignity throughout the criminal justice process, and that no group or category of victims should suffer from discrimination. Victims of crime should be able to have access to and participate in the criminal justice system through procedures that provide them with information, notice, and an opportunity to be heard without prejudice to the rights of the accused. Human rights standards recognize that victims should be protected and assisted in all appropriate instances, and they should have access to specialized help in dealing with emotional trauma and other hardships caused by their victimization.[2]

This report reviews current US law and practice against international human rights standards. It draws on interviews with victims of crime, victims' rights advocates, and attorneys, as well as an assessment of international standards and US domestic law. While US jurisdictions, both federal and state, have made significant progress in recent decades, much more can be done to ensure that victims' rights and legitimate interests are upheld.