Publication Date
10-2006
Journal
Federal Sentencing Reporter
Abstract
The article examines the interpretive challenges surrounding Section 3771(a)(4) of the Crime Victims' Rights Act (CVRA) of 2004, which grants victims the right to be "reasonably heard" in certain court proceedings. The CVRA aims to integrate victims into the criminal justice system, but its ambiguous language has led to conflicting court interpretations, particularly regarding whether victims have an absolute right to speak at sentencing. The article explores the legislative intent, purposes behind the provision, and the effectiveness of victim participation mechanisms, ultimately advocating for clearer policy guidance to address these ambiguities.
Volume
19
Issue
1
First Page
44
Last Page
48
DOI
University of California Press
Disciplines
Civil Rights and Discrimination | Criminal Law | Criminal Procedure | Law
Recommended Citation
Richard A. Bierschbach,
Allocution and the Purposes of Victim Participation under the CVRA,
19
Fed. Sent. R.
44
(2006).
University of California Press
Included in
Civil Rights and Discrimination Commons, Criminal Law Commons, Criminal Procedure Commons