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Mahsheed Shahree Suhi

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Waller, Irvin, Rights for Victims of Crime: Rebalancing
Justice. Plymouth: Rowman & Littlefield Publishers,
2011. pp. xvi, 211. $23.89 (softcover). ISBN: 978-
1442207066.
Reviewed by:
Mahsheed Shahree Suhi
University of Dhaka
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Considering the issue of rights of victims of crime, there are a
collection of materials regarding the same apart from Rights for
Victims of Crime: Rebalancing Justice by Irvin Waller, which
makes this topic not an alien one. However, this above
mentioned opus provides the opportunity to learn a lot about
core victim rights as it chronologically mentions them.
Regarding this work, Chief Justice Richard Barajas (ret.)
(Texas Court of Appeals, El Paso) pointed out that it not only
embraces the critical issues but also focuses on the steps to be
taken to mitigate the same (i.e. allocation of funding,
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comprehensive laws etc.) to ensure balance in the justice
system (2011).
It is an indisputable fact that in the algorithm of criminal
justice system, victim is an important component for the
calculation of success of the same, although to what extent such
algorithm is providing considerable amount of victim’s
satisfaction afterwards is a question. In general, the most
common practices of criminal justice system prime facie gives
effect to the punishment of the offender which aims at
deterrence of crime, whereas considering the whole picture it
can be argued that a rebalancing factor like rights of the victims
of crime is considered as a less important one. Hence, the
pressing issue reckons, does the justice system gives enough
effort to ensure the rights of the victims?
From the outset of this book (i.e. Rights for Victims of
Crime: Rebalancing Justice), it can be articulated that the
author Irvin Waller has made an attempt to identify the required
responses to be given for ensuring the inalienable rights of the
victims, including the funding and implementation of the same
(2011). While addressing the same, keeping the rebalancing of
justice in mind the author addressed about two types of readers
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who would be benefited from the above mentioned book i.e.
general readers (taxpayers, victims of crime(s) including the
potential ones etc.) and the academics (Waller, 2011). It is
pertinent to mention here that while presenting his arguments,
the author has illustrated the current situation regarding the
mentioned issue from the perspective of different first world
countries whereas he was silent about the ones who are in the
bottom of the same bucket. Hence, his arguments become
solely concentrated at developed countries rather than the
developing and least developed ones.
Before submerging to the review, it would be ideal to portray a
summary of the selected three Chapters of the same i.e.
Chapters 4, 5 and 6. As stated by the author in the introduction
of the book therein. After illustrating the same, authors
arguments will be highlight with response herein. Chapter 4
illustrates the care and support mechanism of the victims for
their “recovery” and “long-term well-being” (Waller, 2011).
While doing the same, it identifies the gaps of sustainable
funding and the role of family members, friends and medical
practitioners, including emerging victim service providers
(Waller, 2011). To make the picture clearer, the author
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articulated the percentage of victims that had accessed the
support and assistant program they require.
Moving to the next point, Chapter 5 appears to be one of
the interesting one as it illustrates the victims’ ways of
receiving restitution from the offender, state’s compensation
and reparation received from others (Waller, 2011). Apart from
the aforesaid mentioned issues, it also points out a unique
mechanism of shield for the victims i.e. the use of civil justice
system as the author contends that the same has the potential to
empower them more than the criminal justice system (Waller,
2011). Moreover, a comparison regarding the average
compensation paid by the government of three different
countries has also been included.
Thereafter, this synopsis reaches to Chapter 6 which
outlines the most pressing issue i.e. victims enforcement of
inalienable rights (i.e. right to safety, restitution and justice)
through the present criminal justice system (Waller, 2011). In
addition to that such part of the book also provides a
comparison of rights under Justice for All, 2004 and Marsy’s
Law, California, 2008.
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To provide a comprehensive picture of victims’ support, mental
health and assistance, the author has divided Chapter 4 into
three parts i.e. non-specialized victim service providers, types
of specialized service providers and response of the specialized
services regarding domestic violence, sexual assault etc. Waller
emphasises on the assertion that family, friends, neighbours
and general publics need to be trained so that they can give
emotional aid to the victims (2011). Undoubtedly, it can be
argued that such mentioned training has been given less
importance whereas it is one of the most important one due to
the fact that it has the potential to bolster up the recovery rate
of emotional state of the concerned victim.
Moving to the next point, Waller, pointed out one of the
important issue which is, by whom medical bills of the victims
should be paid. According to him, the medical costs incurred
due to victimization should be paid by the government rather
than the victims as government can recover these costs from
the offenders (Waller, 2011). Such bold assertion might work
on the first world countries or the second but it arguably will
fail in the context of the third world countries, as they neither
have the funding capability nor the administrative transparency
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to continue such policy. Regarding compensation issue, Waller
articulated that in the today’s world, Japan has come up with a
revolutionary model which is both universal and concentrated
on the basic needs of a victim (2011). One of the mechanism of
such model is the Victim of Crime Act, 2004 which requires
implementation of victim support services by the central and
local governments (Waller, 2011). Hence, with a coherent
voice with the author it can be argued that such mechanism of
Japan is surely a model for all as it has the potential to ensure
victims’ rights to greater degree.
In Chapter 5, Waller asserts that the law enforcement
agencies, juvenile criminal justice system focus on the
principles of deterrence or incapacitation and in meantime they
give less effort to get restitution from the offender (2011). As
he pointed out, according to Presidents’ Task Force on Victims
of Crime, one of the reason of which is non-enforcement of the
same (Waller, 2011). To mitigate the same, Waller has
proposed seven steps of restitution procedure, namely:
 Restitution must be requested,
 Losses must be demonstrated,
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  Assets, income and liabilities of the offender based on balance of probabilities etc. (2011). More
has to be identified, importantly, the ultimate fruit from the same gives the
probability of getting damages (Waller, 2011). From a mild
 Payment of restitution must be made
critical point of view, it can be asserted that although victims
automatic,
has more control in civil suits, let’s not forget maintaining a
 Payments monitoring,
civil suit inadvertently bears some defects as well i.e. high cost,
 Compliance must be enforced, complex and time consuming. Considering the situation of
world in same circle, it can be argued that such demerits might
 Restitution of payments must be given first
discourage the victims to pursue the same. Hence, one possible
priority.
solution can be recommended to mitigate the same i.e.
In terms of government expenditure the author argued that for
governmental legal aid must be provided regarding such
ensuring balanced justice the same should come from the
subject matter for those who are unable to pursue it. In addition
general revenue. Again, this argument may work for countries
to that such aid has to be prompt, credible and victim
like USA, England and Wales, Canada etc. (Waller, 2011) but
satisfaction concentrated.
might not work for third world countries due to their structure
While forwarding his view, the author has also pointed
and funding capacity.
out an appealing concept, namely, “restorative justice” which
Thereafter, the author gives emphasis on instituting civil
is more like an ADR between the victim and the offender
suits for restitution of compensation (Waller, 2011). To
(Waller, 2011). However, by nature, such mechanism is
forward his argument, Waller highlighted the controlling
dependent on the willingness of resolution by both parties.
factors of a civil suit identified by the National Crime Victim
Although, having considered the eminence of the same, Waller
Bar Association i.e. influencing court dates, being the litigant,
urges to develop mediation and restorative justice programs
guaranteed to be a part of any settlement, burden of proof is
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through legislation, he failed to address how these eminence should have more control not only over plea negotiation but
can be familiarized to mass people. If the common people do also sentencing as evident from the fact that typically victims
not become aware of the same, success rate of influencing them are not informed about their option of submission of an impact
to resolve their differences would surely decrease. statement (Waller, 2011).

It is pertinent to mention here that Waller not

In Chapter 6, Waller puts arguments regarding victims’
highlighted the crucial positive changes made in Marsy’s Law,
right to participation and representation in the light of rights
2008 but also recommended few improvable sectors of the
ensured under Marsy’s Law, 2008. Before starting the main
same i.e. core needs regarding information, support and
discussion, Waller correctly highlights that victims’ inalienable
services, including, compensation from the state (2011).
right i.e. right to safety has been given utmost importance by
Moreover, he articulated that even though Justice for All Act,
the Judges, which evident from their actions while making the
2004 and Marsy’s Law, 2008 only ensures victims’ right to
decision of release of potential violent accused through bail
confer with the prosecutor rather than right to actual standing
hearing, sentencing and parole decisions (2011). However, at
like France (Waller, 2011). To understand the notion clearly, it
the same time he also highlighted the potential speed breakers
is necessary to elaborate the same as the author has highlighted
towards the fulfilment of the rights of the mentioned group as
in this book. France has not only given the victims to the
mentioned by the President’s Task Force in 1982. Firstly, he
opportunity to defend their interest but also they have been
mentions police investigation procedure where victim has no
ensured the right to raise the voice regarding the issues of
influence over the same. Thereafter, he argued that while
personal safety and investigation procedure. The latter is
conducting bail hearing judges should consider victims’ right
evident from the fact that victims can participate in the
to safety and ensure the right to talk directly at the court
investigation procedure by asking questions to those who are in
(Waller, 2011). Moreover, he also argued that victims’ right to
charge; in addition to that if needed they can also go to the
speedy trial needs to be ensured. According to him, victims
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judges provided that their contentions have not been taken
seriously (Waller, 2011). Truly such system has the potential to
rebalance the justice system in the long run. Being coherent
with the aforesaid mentioned notion, it can be illustrated that to
facilitate such beautiful mechanism, promotion of its
worthiness is required to be known to mass people.
recommendation regarding funding could be successfully
implemented on first world countries like USA, UK etc.,
question arises regarding the success rate of implementing the
same who are residing in the bottom of the rank i.e. third world
countries. It is pertinent to mention here that the author has
given less emphasis on a very basic step i.e. growing awareness

Apart from the above contention, Waller has argued that among mass people regarding victims’ rights and argued

to ensure the rights of victims, it is a necessary evil to ensure mechanisms. Undoubtedly, the above mentioned solution

that their voice has been heard in the justice system (2011). To procedures have the potential to ensure the core needs of the

facilitate the same the author has put forward some steps i.e. (a) victims, if the possible positive outcomes from the same cannot

ensuring representation, (b) gaining a voice beyond an impact be given in the ear of the mass people, such mentioned

statement and (c) Court’s focus broadening. From the above mechanisms would likely fail. Apart from that, it is a well

assertion, it can be argued that these three steps procedure not organised work with highlights the core needs of the victims.

only will be an assistance in promoting victims right to be

heard. Hence, sure it is one of the strengths of this book.

Considering the above discussion it can be asserted that this

book is compact work focused not only on the core needs (i.e.
inalienable rights) of the victims of crime but also discusses the
funding needed to ensure the same, including, the current
situation about their rights. As stated above, although the

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