Ney Sayers of Complainant Rights
Naysayers of Complainant Rights Are Making Things Worse for Complainants There is a growing tendency within parts of the legal profession to portray the criminal justice system as complainant-unfriendly, if not outright complainant-hostile. I think that characterization is wrong. More importantly, I think it is harmful. There is no question that the justice system is imperfect. Anyone who has spent any meaningful amount of time in a courtroom knows that. There are delays. There are procedural problems. There are cases in which people are treated poorly. There are laws and practices that can and should be improved. But acknowledging those shortcomings is very different from telling people that the system is fundamentally hostile to them. That distinction matters. When cynicism about the justice system becomes conventional wisdom, it can begin to masquerade as insight. The repeated assertion that the system does not work eventually becomes accepted as though it were an established fact. And once people lose confidence in the justice system, the consequences extend well beyond the courtroom. One of the ironies is that this sort of rhetoric is often presented as being in the interests of complainants. I am not convinced that it is. Over the years, the