The Victims' Rights Movement: What It Gets Right, What It Gets Wrong

Outlines the successes and failures of the movement to support survivors of violence

The Victims’ Rights Movement (VRM) has been one of the most meaningful criminal justice reforms in the United States. Every state and the federal government has adopted major VRM laws to enact protections for victims and increase criminal sanctions, and the movement has received support from politicians of all backgrounds. Despite recognition of its excesses, the movement remains an important force in the criminal justice arena.

The Victims' Rights Movement offers a measured overview of the successes and the failures of the VRM. Among its widely acknowledged accomplishments are expanded resources to help victims deal with trauma, greater sensitivity to sexual assault victims in many jurisdictions, and increased chances of victims receiving restitution from perpetrators of harm. Conversely, the movement has led to excessive punishment for many defendants and destruction of defendants’ families. It has exacerbated racial inequality in the imposition of the death penalty and criminal sentencing generally, and falsely promises “closure” to crime victims and their families.

Michael Vitiello considers whether the VRM serves those injured by crime well by focusing on “victimhood.” He urges a reframing of the movement to fight for universal health care and limits on access to weapons―two policies that would reduce the number of victims and help those who do become victims of crime.

Michael Vitiello is Distinguished Professor of Law at University of the Pacific McGeorge School of Law. He is the author of numerous publications, including Cases and Material on Marijuana Law (co-authored with Howard Bromberg and Mark K. Osbeck), Animating Civil Procedure, and The Victims’ Rights Movement: What It Gets Right, What It Gets Wrong (NYU Press, 2023).