Source: The Volokh Conspiracy
by Paul Cassell
“In every state and in the federal criminal justice system, when a crime victim is killed, the law allows a family member or other representative to step into the victim’s shoes and assert the victim’s rights. That framework has become a routine and influential feature of modern criminal justice, embedded in statutes, constitutional provisions, and everyday courtroom practice. Yet despite its centrality, the justifications for this arrangement have received relatively little sustained scholarly attention. That gap has become more apparent following Professor Lee Kovarsky’s recent article, ‘The Victims’ Rights Mismatch,’ which offers a serious and thoughtful challenge to prevailing assumptions about deceased-victim representation and calls for sharply limiting victims’ rights in such cases.” (05/19/26)