Democratizing Criminal Justice Through Crime Victims' Rights

Steve Twist and I propose increasing involvement by crime victims as a way to reduce politicization of criminal justice processes.

The NYU Law Democracy Project is promoting dialogue across ideological and political lines, their goal being to help break through today's partisanship. They've launched the "100 Ideas in 100 Days" series, featuring a wide range of contributions from voices across the political spectrum in the United States and around the world.

My friend Steve Twist and I have made a contribution to their effort by proposing increased attention to crime victims in the criminal justice process. The introduction to our essay explains how elevating the role of crime victims could help improve public confidence in the system:

Growing citizen distrust is a serious problem facing the nation's criminal justice system—and, as a result, our democracy. Over the last decade, we have seen arguments coming from both sides of the political divide about politicization, unfair charges, and unjust results. These concerns about politicization are not tied to one Administration or the other but have been growing for years.

The usual solution offered is to increase the professionalization of the system, bring in more lawyers or judges and insulate them from political pressures and the like. Or to place more emphasis on historic norms that often seem to shift, depending on who is assessing those norms.

A more viable solution is not to turn to the "professionals" but to increase participation by ordinary citizens—those who have the most at stake in the criminal justice system: crime victims and their families. Such an approach is broadly democratic, as it removes power from the government (whoever might be in control). A more victim-centric system places power in the hands of those who have less incentive to politicize outcomes and more incentive to focus on violent and other clearly non-political crimes.

You can read our whole essay here.