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Wendy J. Murphy 《Journal of Social Distress and the Homeless》2001,10(1):123-138
The Constitutional guarantee of procedural due process, arguably the most essential principle of the American justice system, provides that no person should be deprived of their rights without, at a minimum, notice and an opportunity for a meaningful hearing. Yet the personal rights of crime victims and other third parties are often violated in criminal proceedings in the absence of even minimal respect for due process. The problem persists, in part, because the system does not provide victims with personal legal advocacy and prosecutors are neither obligated nor empowered to serve as the victim's lawyer. This lack of systematic zealous advocacy for victims produces harmful common law principles that depend on and perpetuate false and prejudicial notions about the credibility of rape victims, and women as a class. This article calls for the creation of public and privately supported lawyers for victims at both the trial and appellate levels of the criminal justice system in an effort to ensure respect for fundamental constitutional principles, and to identify and eradicate gender bias in the criminal common law. 相似文献