Protect Crime Victims' Rights to Be Heard in Court

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The Issue

Crime victims and their families should never feel like bystanders in a justice process that profoundly affects their lives.

When a serious crime occurs, victims and surviving family members can carry the consequences for years. They may live with physical injuries, trauma, financial hardship, grief, or the permanent loss of someone they love. However, navigating the justice system can leave victims struggling to understand what is happening, when important decisions are being made, and whether their voices will be meaningfully heard.

These are some examples of actual cases:

1.State v. Mallory — Ohio, 2025

A victim identified in the court record as L.S. was actually present at the plea hearing. The prosecutor knew he was there, but the judge did not give him an opportunity to speak before accepting the plea. The State conceded the violation.

The Ohio Court of Appeals reversed the conviction and ordered a new plea hearing, specifically because the victim’s rights to be heard and to have restitution addressed had been violated.

2. State v. Means — New Jersey

This case involved a child victim whose family wasn’t notified about plea negotiations.

The New Jersey Supreme Court acknowledged that the victims’ statutory rights and the state’s own guidelines had been violated because they weren’t notified of the plea negotiations and anticipated sentence. 

The court ultimately ruled that the defendant’s plea couldn’t simply be vacated because of the notification failure, making this case an important illustration of the tension between defendants’ rights and victims’ rights.

3. Adnan Syed — Maryland

When prosecutors sought to vacate Adnan Syed’s murder conviction in 2022, the family of murder victim Hae Min Lee challenged the process, arguing they weren’t properly notified and weren’t given the opportunity to participate as victims.

The Lee family ultimately succeeded in challenging the proceedings on victims’-rights grounds, and the case illustrates how difficult it can be for victims’ families to obtain meaningful participation even after decades have passed. 

4. Ella Mae Begay’s family — Arizona, 2026

Ella Mae Begay, a 62-year-old Navajo grandmother, disappeared in 2021. Her family strongly opposed a plea agreement involving Preston Henry Tolth and wanted answers about what happened to Begay and where her remains were.

A judge rejected an earlier agreement after hearing from Begay’s grieving family. Prosecutors later reached another plea agreement despite the family’s objections. Her family has continued demanding answers.

So, why does it matter?

Victims deserve a justice system that treats them with dignity and keeps them informed. They should have meaningful opportunities to be heard when the law provides for their participation, including at critical stages of a criminal case.

This is not about taking away the rights of defendants or determining guilt outside the courtroom. A fair justice system must protect due process while also treating victims and their families with respect.

We are calling on lawmakers and justice officials to strengthen and enforce protections for crime victims and their families, including timely information about major case developments, clear explanations of their rights, reasonable opportunities to be heard at proceedings where the law permits, and accessible support throughout the criminal justice process.

No victim should be left wondering whether their voice matters.

Sign this petition to demand a justice system that hears victims, respects their rights, and treats their families with dignity.

Paid partnership. Megan Reardon is a Change Ambassador who receives compensation in connection with this petition.

The Decision Makers

Andrew Tysen Duva
Andrew Tysen Duva
Assistant Attorney General for the DOJ Criminal Division
U.S. Senate
2 Members
Dick Durbin
U.S. Senate - Illinois
Josh Hawley
U.S. Senate - Missouri
Chuck Grassley
Former US Senate - Iowa

Supporter Voices

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