Abstract
The book has an introduction, eight chapters, acknowledgement, notes, index, and a brief on the author. It is 248 pages long, excluding five Roman numeral pages on the cover, title, copyright, dedication, and contents. The detailed endnotes also expose all the sources of the author's citations.
A brief history in the book portrays an American society with rising crime rates, mass incarcerations, and overcrowded prisons. The notoriety of the criminal justice system has been used by former presidents, vice presidents, and other prominent politicians for campaign strategies and legislative enactments. Examples include Richard Nixon, Ronald Reagan, Bill Clinton, and Bernie Sander. By corollary, the book is replete with policy-oriented proposals for the revision of the American Criminal Justice System. The work also surveys a relevant historical purview of victim's rights as developed from the 1960s through judicial institutions such as the Warren Court. This adds relevance to the work as having a historical foundation and regular development up to modern times.
The book also reveals that top among crimes are rape and other forms of sexual misconduct. For this reason the author dwells much on the place of women's rights. This reviewer believes that the issue of sex is must be addressed in modern American society, as these crimes have taken place in organizations like the Catholic Church, Boys Scouts, and/or have been perpetrated by famous men like Harvey, Epstein, and Cosby. The reasons must be understood and investigations done into the root causes of these crimes. In relation to the Catholic Church, could priests be allowed to marry? And for the performers, “Is it part of a cult principle of the art they perform?” These and other suggestions could help prevent further sexual crimes.
Crime flows from human thinking and meditation, dealt with by the author in his vivid discussions of mens rea. In this connection, the author unveils the strength of American women in the fight, leading to the creation of associations such as Mothers against Drunk Driving, Parents of Murdered Children, Maryland Crime Victims’ Resource Center, and National Center for Missing and Exploited Children, and others. These groups militate until laws are passed, such as the Adam Walsh Child Protection and Safety Act, which created a database of convicted child molesters and increased prison sentences for offenders who commit sexual and violent crimes against children, which President Bush signed into law in 2006.
Furthermore, the author discusses the war on drugs’ history of draconian sentences for drug offenders. This relates due to the criminogenic nature of drugs, especially in relation to sexual and violent crimes. Minority communities have become victims of draconian sentences and mass incarceration. The author does not shy away from discussing the impact of racism on mass incarceration and the Victim's Rights Movement (VRM). The Ku Klux Klan itself contributed to the passing of the Eighteenth Amendment, with the claim that “Black men were drunkards.” There is need for racial justice in the VRM.
The book reveals the victories and drawbacks of the VRM. One of the drawbacks is racial bias leading to harsh sentences, especially the death penalty. These sentences are applied to an already marginalized group that has suffered great historical racism. One suggested solution is reparations for descendants of black slaves. Presidents after the Civil Rights Movement in the 1960s have largely neglected this area. This could also be part of what the author calls “closure”; the healing from trauma resulting from being crime victims.
The author's frank discussion of how criminogenic sentences for offenders lead to the waste of billions of dollars in the construction of prisons shows that many lives are wasted due to mass incarceration. A turn toward rehabilitation may not only save these offenders, but their families too, who too often must deal with having an incarcerated spouse or parent. These sentences may lead to a vicious cycle of criminality when those around the offender also become involved in crime. In addition to wasted time and talent in prison, does mass incarceration actually help to reduce crime? Are there other alternatives? How will this affect America given the high recidivism rate? Mass incarceration disrupts families, leading to more crime. Could prison be replaced with gainful employment?
The author's work is rich and sophisticated, discussing crime, victims’ rights, political interventions, interest groups, legislative enactments, and policy measures. To combine all of these into coherent academic and policy work is a great achievement. The impact of case law, policy measures, the role of top US political leaders in the VRM, constitutional amendments, legislative acts, and theoretical academic developments gives the reader a continuous flow of important information. A clear thread runs through how crime and the societal background lead to legislation on victims’ rights. Also interconnected are politics and political actors. This is punctuated with testimonies of presidents and vice presidents who work to affect criminal law, with the undertone of using the whole process for political campaigns. The author touches on US Constitution and amendments and discusses how the passing of laws is preceded by criminal acts.
The author quotes numerous qualified authors and experts in the field, increasing the credibility of the work. Geoffrey Stone, David Strauss, Professors Paul Cassell, and Susan Bandes are just a few of many authors cited. The work also reveals that many states have amended their constitutions to include a set of victims’ rights. Indeed, a Victims’ Rights Amendment to the US Constitution will be a great achievement if it involves significant propositions that protect both victims and vulnerable communities.
The use of relevant case law also fortifies the ratio decidendi and judicial precedent of this work, such as Miranda v. Arizona, Mapp v. Ohio, Brewer v. Williams, Dickerson v. United States, Weeks v. United States, Wolf v. Colorado, Linkletter v. Walker, and many others, some leading to the enacting of relevant legislative acts in the field of victim's rights. In Furman v. Georgia, for example, the Supreme Court's 1972 decision overruled the death penalty. However the case-law citation requires the reader to trace it to the endnotes. Though the dates are indicated when recounting the histories of cases, one has to be able to trace not only the year but also the court and other details, and whenever a case is repeated there should be the word “supra” meaning “citation already given earlier.” In addition, Quoting phrases of amendments to the US Constitution will enhance understanding by readers. Many American authors discuss the first, second, or third amendments as if readers already know them. I think in such areas the author should provide a short excerpt of the amendments in question. It will shed light on their meanings for non-American readers.