Abstract
At the soul of America's justice system lie two good and perfect things: rights of the accused and the practice of public prosecution. However, in combination, these two ideas have been responsible for diminishing the role of the victim to that of just another witness for the state. This article explains why excesses in pursuing rights of the accused and public prosecution have lead to a loss in public confidence in the system. To restore that confidence, it is necessary to pass procedural and substantive protections for victims, as contained in the Victims' Rights Amendment. This amendment, properly understood, is neither an attack on the rights of defendants, nor on the power of public prosecutors, but rather an effort to protect them by tempering their excess virtue with true balance.
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