Pain, Love, and Voice: The Role of Domestic Violence Victims in Sentencing

Criminal law systems throughout the world have evolved to a stage where they no longer ask, "What is the appropriate role of the victim in a criminal trial?" The questions now relate to the scope of the victim's rights, in which procedures she has independent standing, and at what stage she should be heard. The process of the "prosecution stepping into the victim's shoes," whereby the state controls the entire criminal process, seemingly on behalf of the victim, has been replaced by the recognition that the interests of the prosecution (the State) are not always consistent with those of the victim. The view that will be developed here as the main thesis of this Article, that victims should be heard at the sentencing stage, irrespective of their views, is far from common. This Article will first establish the theoretical basis for this view by drawing on an expressive theory, discussed in Part I, and will take this theory a step further, into the sphere of the particular victim who asks for leniency.