Victims’ Families Can Participate in Criminal Cases

Peter Reilly and an unnamed colleague defend the practice of allowing family members to represent deceased victims in criminal justice proceedings across the United States. They address a challenge from Professor Lee Kovarsky, who questions the justifications for this representation when the victim is no longer alive to exercise rights directly. The authors argue that allowing a representative to act for the deceased is consistent with historical legal precedent and serves important expressive, participatory, and institutional purposes.

They illustrate this point with the case of United States v. Boeing, where families of the 346 people killed in the 737 MAX crashes provided a crucial check on prosecutorial decisions.

The authors acknowledge that determining the appropriate scope of these rights remains complex, particularly when assessing the value of a life lost. They also note that Kovarsky proposes a tiered system of rights, but argue against limiting participation even in restitution proceedings.

The work builds on existing statutes and aims to encourage further discussion on the topic of victims’ rights.