Should a Murder Victim Have Rights in the Criminal Justice Process?
The article discusses the rights of murder victims within the American criminal justice system, particularly the role of representatives who assert these rights on behalf of deceased victims. It defends the conventional view that such representation is essential and rooted in legal tradition, despite recent challenges to this perspective. The authors argue that allowing representatives to participate is crucial for maintaining transparency and accountability in the justice process.
- ▪The law permits family members or representatives to assert rights on behalf of deceased victims in homicide cases.
- ▪Professor Lee Kovarsky's article challenges the conventional wisdom regarding deceased-victim representation.
- ▪The authors argue that representation for deceased victims is historically accepted and important for justice.
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Criminal Justice Should a Murder Victim Have Rights in the Criminal Justice Process? The conventional view in American criminal justice is that the victim's representative should be able to assert rights on behalf of the deceased victim in a homicide case--a view that Professor Peter Reilly and I defend in a new law review article. Paul Cassell | 5.19.2026 8:15 AM 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.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at Reason Magazine.
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