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
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
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.