Southwestern College Legal Research Discussion

This is for California

Albert thinks crime victims should be able to participate in all phases of a criminal prosecution, and should be able to direct the public prosecutor to drop the case or bring it to trial. He was a victim. The trial ended up being more difficult and embarrassing to him than to the perpetrator, who was a relative. He is angry that the prosecutor did not drop the case when he asked for it to be dismissed.

Betty disagrees. She thinks crime victims should testify as witnesses, and file a restitution affidavit at the end, but otherwise not direct the case. Betty was a victim in a case where she felt she would have been intimidated into dropping it if she had been able to do so. She truthfully stated, “It is not up to me. It is a public prosecution and I have no control over it.”

Argue both sides, in separate posts. Use and cite laws that are used for victim’s rights in your home state. Your state may have these rights in statutes, rules of court, or both. After you post on both sides, reply two or more times and see if you can arrive at a compromise solution.

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