The victim advocacy and research group: Serving a growing need to provide rape victims with personal legal representation to protect privacy rights and to fight gender bias in the criminal justice system

Authors
Citation
Wj. Murphy, The victim advocacy and research group: Serving a growing need to provide rape victims with personal legal representation to protect privacy rights and to fight gender bias in the criminal justice system, J SOC DISTR, 10(1), 2001, pp. 123-138
Citations number
13
Categorie Soggetti
Social Work & Social Policy
Journal title
JOURNAL OF SOCIAL DISTRESS AND THE HOMELESS
ISSN journal
10530789 → ACNP
Volume
10
Issue
1
Year of publication
2001
Pages
123 - 138
Database
ISI
SICI code
1053-0789(200101)10:1<123:TVAARG>2.0.ZU;2-A
Abstract
The Constitutional guarantee of procedural "due process," arguably the most essential principle of the American justice system, provides that no perso n should be deprived of their rights without, at a minimum, notice and an o pportunity for a meaningful hearing, Yet the personal rights of crime victi ms and other third parties are often violated in criminal proceedings in th e absence of evert minimal respect for due process. The problem persists, i n part, because the system does not provide victims with personal legal adv ocacy and prosecutors are neither obligated nor empowered to serve as the v ictim's lawyer. This lack of systematic zealous advocacy for victims produc es harmful common law principles that depend on and perpetuate false and pr ejudicial notions about the credibility of rape victims, and women as a cla ss. This article calls for the creation of public and privately supported l awyers fur victims at both the trial and appellate levels of the criminal j ustice system irt an effort to ensure respect for fundamental constitutiona l principles, and to identify and eradicate sender bias in the criminal com mon law.