¶ … individuals who suffer or are harmed by juvenile crime have, in the past, been excluded or minimally involved in the adjudication (specifically the sentencing) of their cases for reasons of confidentiality rights accorded to accused juvenile offenders. However, this trend in recent years has changed. As the public has become more aware of the frequency and effects of juvenile crime, there has been a call from the citizenry to develop policies and practices that will not only prosecute those juveniles who have committed offences, but to include those who have been victimised in the court procedures. This move towards the establishment of victims' rights has made a fundamental modification to the juvenile justice system - victims are no longer viewed as passive onlookers, but involved participants in the system.
According to a joint project commissioned by the National Council of Juvenile and Family Court Judges and the U.S. Department of Justice's Office for Victims of Crime Resource Center, the movement to enforce the rights of victims has resulted in "greater sense of satisfaction after being informed of their rights and participating in their case. The court's active role ensures that victims begin to heal after being traumatized by crime because their faith in 'the system' is often somewhat restored...
In the case of minor offences, the court should be concerned with providing a sentence which best attempts to protect the community (i.e., with respect to both punitive and restorative justice). However, in the case of serious or violent criminal offences, in addition to attempting to protect the community, there is a need to consider the rights of those who are the victims of juvenile crime.
The advocacy of victims' right is a topic often considered of prime importance in the reform of the criminal justice system, however, it is often shrouded in political rhetoric - in which case, the justification for trying juveniles who commit serious criminal offences as adults is often predicated on a politician's desire to appear tough on crime, instead of factors grounded on solid legal reasoning. I contend that the political rhetoric and ramifications surrounding the advocacy of victims' rights based on appeals to a majority of constituents who favor political action that is tough on crime is an erroneous justification. I maintain that trying juveniles as adults for serious crimes can be justified based on sound legal reasoning…
