Victim Rights 1
Position Paper: Victim Rights
Kristi Campbell
Liberty University
CJUS 649
June 15, 2025
Victim Rights
My position
Victim rights are important, and not all states provide victim rights, but a majority of
them do. They also vary from state to state. According to Daigle and Muftic (2021) “common
rights afforded to victims include the right to be informed about their rights, the opportunity to
submit victim impact statements during sentencing, be notified of court proceedings, and the
right to receive compensation.” The Rights of Victims of Crime constitutional amendment was
made in North Carolina in 1996. Department of Adult Correction (2012) stated that “this
amendment granted victims of crimes specific fundamental rights which are outlined by the
law.” The Rights of Victims of Crime amendment was narrowly focused. It did not include felony
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property crimes, crimes against the person, acts equivalent to felony property crimes,
delinquent acts, and did not force agencies to ensure that victims were aware of their rights at
various levels of the criminal justice process. Marsy’s Law was proposed as a new amendment in
2018. This new amendment would expand the crimes that would fall under victim’s rights,
clarify the responsibilities of the criminal justice system, and enforce the responsibilities.
According to Denning (2019) “the new amendment also strengthens victims’ rights to ensure
they are heard and notified of court proceedings.” There is minimal information regarding North
Carolina’s victims’ rights and assistance which can be provided even though various research has
been conducted.
Strength and Weaknesses
There are many strengths involved with the new amendment. Holding criminal justice
agencies responsible for ensuring that victims know of their rights is one of the biggest
strengths.
Different agencies used to respond differently to victims under the previous act. Some of those
different services included contact information, investigation and prosecution process
assistance, information about services, compensation and restitution. Other agencies did not
provide some or even all this information. The victims rights act that was originally in place had
timelines that were provided to agencies so they could provide information effectively. There
were no repercussions if the timeline was not met. According to the North Carolina Victim
Assistance Network (2023) “many victims often were never informed of their rights and did not
learn about them until either court proceedings or until after.”
To ensure those timelines are clarified and met, the 2018 amendment was created.
Confusing language from the original act was also clarified with the 2018 amendment. Many of
the rights of the victims were seen as fluid because the 1996 act had criminal statutes and
definitions of qualifying crimes often changing. The North Carolina Victim Assistance Network
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(2023) states that “the new act took out that language, ensuring these rights would not
fluctuate and help guarantee victims rights. It also allowed victims to petition the court if they
are not afforded their rights during the judicial process.” That was never allowed under the 1996
victims rights act. Another strength of the new act was to strengthen victims’ rights in the state
with the goal of making sure that during the criminal justice process the victims do not fall
through the cracks.
As with everything, there are also weaknesses with the new victims’ rights act. Marsy’s
Law is now in 12 states across the country. The biggest weakness of Marsy’s Law is that the
language/ is abstract. According to Hruska (2018) “because of its ambiguity it is not easy to
know how courts interpret various pieces of the act.” A second weakness associated with
Marsy’s Law regards the time it takes to fully implement the act within the various criminal
justice agencies. Victims have the right to request and be notified when their perpetrator is
released from custody (jail or prison). North Carolina has the North Carolina Automated Victim
Notification Network which monitors offenders who are in detention facilities in the counties as
well and the state. They also monitor those who are under community supervision as well as
those who have been released on bail. Ther system needs to be compliant with the new law,
and this requires the full ability to monitor offenders who are at juvenile facilities, local police
facilities, and mental facilities. In addition, they need to have the ability to provide notice of
proceedings. Cansler Collaborative Resources (2017) states that “while it is not a weakness this
factor must also be considered.”
Arguments/Support
A few states in the country have examined victims’ rights laws with a goal of making
changes which would be beneficial to the victim as well as ensure their rights are not violated.
Denning (2019) found that “one of the most significant changes was the expansion of the types
of crimes which were covered and extending those rights to cover delinquency proceedings.” It
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is also essential that victims can ensure that they are heard and that they can assert their rights
at court proceedings. According to Denning (2019) “this portion of the new act ensures that the
presiding judges must ask if the victim is present and if they wish to be heard and afford them
that opportunity.” Some individuals argue that this could potentially slow down the courts and
hinder the criminal justice system. But research has shown that other states which have enacted
similar laws have not had that issue. Denning (2019) also states that “several victims choose to
not participate in criminal proceedings.” But there are some organizations which are concerned
that the new amendment will fail at providing a better understanding of the process as well as
not providing access to victims. According to Bowman (2018) “while the new amendment may
not address the available services, it does allow them to have their voices heard. The
amendment also allows them to be heard during the sentencing proceedings and gives the
victims multiple opportunities throughout the criminal proceeding.” There is still room for
improvement even though the updated amendment has many supporters and detractors.
Recommendations
There is always going to be people who advocate for better victim rights and people who
argue about existing laws on the books. The support for change usually involves pushes for
principles of justice, fairness, and compassion. It is important that the victim rights laws reflect
that victims are provided empowerment, ensure the victim’s safety and well-being, treat victims
with respect and dignity, attempt to reduce revictimization, and provide the possibility of
restitution and compensation. Marsy’s Law has been enshrined in the state constitution of
North Carolina. Unfortunately, many do not understand the rights in the amendment and how
they pertain to the victim. Victims can sign up for notifications regarding the amendment. This
way they will have a more prominent role in court proceedings. Victims are not given more
access to services to help with the process though. According to Bowman (2018) “victims must
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be aware of their rights and what services are out there to assist them through this process and
to assist them with healing and moving past the crime.”
There are other routes available that are not part of court proceedings. This can involve
the restorative justice movement. This movement has played a significant role in attempting to
change the criminal justice system. Daigle and Muftic (2021) states “it often recommends
various mediation tactics where the victim, offender, and their families can meet to discuss the
consequences of the offender’s actions and how to move forward.” The new amendment came
with an expansion of crime so this may be a good alternative route. According to Daigle and
Muftic (2019) “these types of mediation are used for property crimes and minor assaults that
are now part of the crimes which are covered in the new amendment.” Benefits from this could
be allowing victims to participate more by slowing down court proceedings, curbing worries
that defendants’ rights are being hindered, and expanding victims’ rights.
Conclusion
Victim rights are important in North Carolina as well as in all states within the United
States. It is important to view victim rights from a biblical perspective with the principles of
treating others with respect and love, compassion, and justice. There is a scripture which
advises us to advocate for the rights of others who are victims of a crime and treat them with
compassion and dignity. “He has told you, O man, what is good; and what does the Lord require
of you but to do justice, and to love kindness, and to walk humbly with your God” (ESV Study
Bible, 2008, Micah 6:8).
The previous victim rights law that was passed in 1996 was a great start to tackle victim
rights, but it also had limitations. It is crucial that we push to be voices for change and
improvement when needed. Marsy’s Law in 2018 was able to provide victims with clarification
of the responsibilities of the criminal justice system, expansion of more crimes, and further
strengthening of victims’ rights. Unfortunately, Marsy’s Law also included abstract language and
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implementation issues. There is also a prefect scripture which advises us to stand up for those
who are in need and do not have the voice. “Open your mouth, judge righteously, defend the
rights of the poor and needy (ESV Study Bible, 2008, Proverbs 31:9).”
It is important that in North Carolina as in all states that victim rights continue to be
examined and expanded upon when necessary. It is necessary that victims receive justice as well
as fairness. It is also important to educate the community on victim rights as well as the
resources that are available for recovery and healing. Forgiveness is an important biblical
principle and can help victims with the process of healing and recovery. “Learn to do good; seek
justice, correct oppression; bring justice to the fatherless plead the widow's cause” (ESV Study
Bible, 2008, Isaiah 1:17). It is crucial that we focus on being a society of compassion who focuses
on hope and restoration for victims of crimes.
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References
Bowman, J., & The Asheville Citizen Times. (2018, October 24). Marsy's law: Constitutional
amendment a 'mixed bag' effort to improve NC victims' rights. The Citizen-
Times. https://www.citizen-times.com/story/news/local/2018/10/24/marsys-law-
northcarolina-constitutional-amendment-victims-rights-support-varies/1672268002/
Cansler Collaborative Resources. (2017, March 28). Evaluation of potential fiscal impact from
enactment of Marsy's Law in North Carolina. NC Newsline. https://ncnewsline.com/wp
content/uploads/2018/06/Marsys-Law-Fiscal-Impact-032817.pdf
Daigle, L. E., & Muftic, L. R. (2019). Victimology: A comprehensive approach (2nd ed.). SAGE
Publications.
Denning, S. (2019, September 4). Victims' rights bill sent to governor – North Carolina criminal
law. North Carolina Criminal Law. https://nccriminallaw.sog.unc.edu/victims rights-
billsent-to-governor/
Department of Adult Correction. (2012, October 1). Crime victims' rights. Department of Adult
Correction | NC DAC. https://www.dac.nc.gov/dps-services/victim-services/statewide
automated-victim-assistance-and-notification-savan/crime-victims-rights
ESV Study Bible. (2008). Crossway Books.
Hruska, J. (2018, May 3). 'Victims' rights' proposals like Marsy's law undermine due process |
ACLU. American Civil Liberties Union. https://www.aclu.org/news/criminal-law
reform/victims-rights-proposals-marsys-law-undermine-due-process
North Carolina Victim Assistance Network. (2023, March). An introduction to the Crime
Victims' Rights act (Marsy's Law). Supporting surviving loved ones of homicide victims
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- North Carolina Victim Assistance Network. https://nc-van.org/wp
content/uploads/2023/03/English.pdf
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