There has been much debate about the conflict of victims’ rights to be heard by the Courts in regards to the effect of the crimes perpetrated against them and the rights of the defendants to be judged impartially based upon their actions. In the matter of Payne v. Tennessee (1991) the United States Supreme Court allowed for the admission of victims impact evidence during capital sentencing. This is consistent with the growing Victims’ Rights Movement and the public’s awareness of the further victimization under the former judicial precedent that disenfranchised the victim from the crime.
Previously the Court had held that “[I]t is of vital importance to the defendant and to the community that any decision to impose the death sentence be, and appear to be, based on reason rather than emotion.” Gardner v. Florida (1977). The 1991 Supreme Court ruling substiants the rights of victims to be heard as well. Subsequent to these rulings, several states introduced legislation to guarantee victims’ rights. Congress passed the Victims of Crime Act of 1984 and the Justice Assistance Act of 1984 creating funding for victim advocacy services, altered some statutes and enacted other providing victims with a more active role in the criminal process. By these rulings, the Courts and Legislations have recognized the need for the rights of the victim as well as the accused to be considered a factor in the penalty phase of Capital Murder trials. In this respect, they are following the dictates of the public’s growing awareness of the need for victims’ rights.
References
The Changing Role of Victim Impact Evidence in Capital Cases. (1999). Retrieved 02 06, 2012, from Sonoma College: http://wcr.sonoma.edu/v2n1/donahoe.html
