Ch 5 Victim’s RIoghts And Remedies Flashcards
Antiterrorism and Effective Death Penalty Act (1996):
Required restitution for violent crimes and increased funds available to victims of terrorism
Child Victims’ Bill of Rights (1990):
Child Victims’ Bill of Rights (1990):
Gave victims’ rights to children who were victims and witnesses
What is Civil Litigation?
Victims may sue their offenders in civil court to recoup costs and to compensate for emotional harm
Crime Control Act (1990)
Created a federal bill of rights for victims
What is Diversion?
Offender not formally charged if they complete required programs
What is family or community group conferencing?
family or community group conferencing:
Victim, offender, family, friends, and supporters talk about the impact and consequences of a crime
Justice for All Act (2004):
Justice for All Act (2004):
Enforced victims’ rights and provided funds to test the backlog of rape kits
What is a Notification?
notification:
The right of victims to be kept apprised of key events in their cases
What is participation and consultation?
Rights given to victims to encourage participation in the criminal justice system; also provides victims the right to discuss their cases with the prosecutor and/or judge before key decisions are made
What is a Peacemaking Circle?
peacemaking circle:
Gathering of victim, offender, community members, and sometimes criminal justice officials to promote healing
What is Restorative Justice?
A movement recognizing that crime is a harm caused not just to the state but to the victim and their community; seeks to use all entities in response to crime and allows for input from the offender, the victim, and community members harmed by the offense in making a determination of how to repair the harm caused by the offender
What is the right to a speedy trial?
right to a speedy trial:
Victims’ interests are considered when judges rule on postponement of trial dates
What is Right to Protection?
Safety measures provided to victims
What is a Sentencing Circle?
Gathering of victim, offender, community members, and sometimes criminal justice officials to determine the offender’s sentence
Sexual Assault Forensic Evidence Reporting Act (2013)
Ensures collecting and processing of DNA by law enforcement is done in a timely fashion and in accordance with established protocols and practices; provides for auditing of samples of sexual assault evidence awaiting testing
What is Victim Compensation?
The right of victims to have monies that they lost due to victimization repaid to them by the state
Victim Impact Statement (VIS)
victim impact statement (VIS):
Statement made to the court by the victim or their family about the harm caused and the desired sentence for the offender
Victim–Offender Mediation Programs
Sessions led by a third party in which the victim and offender meet face-to-face to come to a mutually satisfactory agreement as to what should happen to the offender—often through the development of a restitution plan
Victims of Crime Act (1984)
Created the Office for Victims of Crime and provided funds for victim compensation
What are Victims Rights?
victims’ rights:
Rights given to victims to enhance their privacy, protection, and participation
Victims’ Rights and Restitution Act (1990)
Victims’ Rights and Restitution Act (1990):
Guaranteed victims the right to restitution
Victims’ Rights Clarification Act (1997)
Allowed victims to make impact statements and attend their offenders’ trials
Victim/Witness Assistance Programs (VWAPs)
Provide aid to victims during the investigation and criminal justice process
Victim Witness Protection Act (1982)
Victim Witness Protection Act (1982):
Developed and implemented guidelines for how officials respond to victims and witnesses
-Provided for the punishment of anyone who tampers with a witness, victim, or informant
-Required notification, if victim provided address and telephone number, for arrest of the accused, times of court appearances at which victim may appear, release or detention of accused, and opportunities for victim to address the sentencing court
-Recommended federal officials consult with victims and witnesses regarding proposed dismissals and plea negotiations
-Required that officials not disclose the names and addresses of victims and witnesses
Violence Against Women Act (1994)
Violence Against Women Act (1994):
Gave money to programs for prevention and treatment of female victims
Violence Against Women Act (2000)
Violence Against Women Act (2000):
Provided funding for rape prevention and education and domestic violence victims and included Internet stalking as a crime
Violence Against Women Act (2013)
Violence Against Women Act (2013):
Prohibits survivors of domestic violence and sexual assault from being evicted from federally subsidized housing programs; requires institutions of higher learning to record dating violence incidents, to implement prevention programs, and to provide resources to victims
Violent Crime Control and Law Enforcement Act (1994)
Increased funds for victim compensation and created the national sex offender registry