| Abstract: | Over the last 30 years, the victims' rights movement has expanded the role of victims in the American criminal justice system. As a result of this movement, judges, prosecutors and parole boards must now hear victims' views at all stages of the criminal justice process, including plea bargains, and sentencing and parole decisions. Legislative efforts have been spearheaded by victims' families, and legislation has been named after deceased victims. Also, victims' families can now view executions in states across the country. The victims' right movement assumes that the criminal justice system should privilege victims' interests over those of society. In so doing, it denies society as a consideration, which is tantamount to a denial of society itself. This article positions victims' rights' denial of society within the current conjuncture, marked as it is by the contradiction between neoliberalism and American liberalism. Victims' rights' denial of society is an expression of the denial of society implicit in American neoliberalism, which seeks to privilege individual interests over those of society. This paper argues that victims' rights is a powerful element of the neoliberal project for three reasons. First, victims' rights imputes the authority of legal discourse to neoliberalism's denial of society. Second, important actors in the rise of neoliberalism have also worked to establish victims' rights. Finally, victims' rights comprehensively circulates throughout America and offers powerful points of identification that incorporate Americans into the victims' rights formation. I explore the denial of society in three victims' rights practices: naming criminal legislation after crime victims and passing such laws in honour of victims; allowing victims' families to view executions; and prosecutors, judges and police personnel making legal decisions according to victims' wishes. I examine the consonant denial of society in three neoliberal practices – monetarism, supply-side economics and welfare reform – and demonstrate how neoliberal advocates like Bill Clinton, Ronald Reagan and Paul Gann worked to advance victims' rights. I also describe the production, consumption and comprehensive circulation of victims' rights texts. Finally, I consider Cultural Studies' unique contribution to legal studies. |
