4 ms·
If your entire point about Victim's rights was simply that they don't have a right to bring a private criminal prosecution, I misunderstood and that is correct.
by will_brown 10y ago
If your entire point about Victim's rights was simply that they don't have a right to bring a private criminal prosecution, I misunderstood and that is correct. There is no right for individuals to bring private causes of action in criminal court, at least that I am aware of. Moreover, the prosecutor represents the State not the Victim.
Though in practice Victim's rights in the criminal context are more than sentiment and bluster, just one example, before accepting a plea a Judge will have the Victim testify at the plea hearing or at minimum confirm on the record the prosecutor has conferred with the Victim regarding the offer and that the Victim has no objections.
Also when talking about Victim's rights, you can not focus entirely on the criminal context you have to look at the civil too, if for no other reason than the standard is different, beyond a reasonable doubt vs a preponderance of the evidence (more likely than not). This is how you see cases like OJ, acquitted in the criminal murder trial, but guilty in the civil wrongful death trial.
Additionally, there are even civil causes of action, that in my opinion, tend to blur the line between civil and criminal because of the liberty interests at stake of the Defendant. For example, in this case aside from the Defendant being able to sue civilly outside the criminal prosecution, should could also bring a petition for restraining order in civil court. Such an Order enforcing the Victim's rights would limit the rights/liberties of the Defendant all outside the criminal context.
Further, there are other types of actions, that I would define as quasi-criminal, but are clearly civil in the jurisdictional sense. Take Qui Tam lawsuits, literally meaning "on behalf of the King", these are triggered by the Whistle Blower Statute(s) and provide a private individual the right to sue civilly and collect money on behalf of the Government.