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Who is Amicus Curiae, victim of crime, (expert) witness or someone else? Should the victim be considered friend of court?
Anonymous3 views4 answers
I was called a “friend of court” (Amicus Curiae) by a judge who has a great sense of humor. But indeed I am a victim of the crime. Though victim, the witness of the State, is not a party in the criminal procedure and “is invited by the court to provide information or submit her views because she has a strong interest in the case at hand or a perspective that may not be adequately presented by the parties.” So, by definition, it seems the victim is Amicus Curiae. But by the other definition, amicus curiae (friend of court) is “an adviser to the court on some matter of law who is not a party to the case; usually someone who wants to influence the outcome of a lawsuit involving matters of wide public interest”, seems to me it is talking about expert witness.
Usually an Amicus Curiae is someone who is external to the proceedings all together, yet submits opinion, briefs, or other knowledgeable contribution to the Court. A classic example are parties who may be interested in the outcome of a Supreme Court decision and present AC briefs. I stepped in very briefly to assist a defendant in traffic court the other day and the Judge accepted my statements as AC, without entering me.
It does not refer to the victim of a crime, at least not in any way that I have heard. Victims fall into their own category of folks who are quasi plaintiffs and the State is prosecuting on their behalf. Your 'cause of action' is subsumed into the interest of the citizens of the state of Maryland, and your State is now acting on your behalf. It's an odd status to be sure.
Based on your statement that the Judge has a sense of humor, I wouldn't read too much into it.
Victim of crime, expert witness, etc. are not what is meant by "amicus curiae". In my experience, the term is usually used in cases before courts of appeal, in which a non-party with some significant, but indirect, relationship to the case is permitted to explain its point of view and its position to the court. For example, in a criminal case involving the right of an indigent defendant to appointed counsel, a public defender office or a bar association providing appointed counsel services might ask permission to submit a brief as amicus curiae. Obviously, the scope of this kind of appearance could vary quite a bit from case to case. But someone in your position is clearly outside the concept.
As you pointed out, the judge has a great sense of humor. Victims might be state witnesses. They have the right to be notified of criminal proceedings in which they're involved and to make impact statements in mitigation. Amicus Curiae might have an interest in a case.
