Chapter 5 Flashcards
History of Victims’ Rights
Victims were seen as witnesses
Common Victims’ rights
Notification, participation and consultation, right to protection, speedy trial, and related evidence
Marsys law
In FL, protect names of victims
Issues with Victims’ rights
No rights in Constitution for victims.
have federal bill of rights
Crime Control Act and Victims’ Rights and Restitution Act
Victim Compensation
CA first state to create this program in 1966.
Federal Victims of Crime Act gives victims compensation
Requirements: physical injury, emotional injury, timely matter report to police, cooperation with police, show no other compensation from this crime, no criminal misconduct led to victimization, certain professions are ineligible
Restitution
Paid to victim from offender, cannot be ordered for pain and suffering
Civil Litigation
Can seek money for physical or emotional harm, preponderance of evidence
victim impact statement
written or oral statement at hearing.
most victims do not take this opportunity
Not a significant impact on case decisions
Booth v. Maryland
Juries in capital cases should not be exposed to victim impact statements (overturned)
South Carolina v. gathers
Prosecutors cannot make comments about victims during the sentencing portion of a capital case (overturned)
Payne v. Tennessee
The SC overtuned earlier decisions about VIS. VIS is a way to inform court about the harm caused.
VIctim (witness) assistance program
Began in the 1970s to manage witnesses.
Focus is to minimize witness discontent with the system.
Can include: counseling, transportation, court notification, recovery assistance, prepare for court procedures
ALL VOLUNTARY
Family Justice Centers
“one-stop” shop for services
Counseling, advocacy, legal services etc
Restorative justice
Goal is to address needs of victim offender and community.
Victim offender mediation
Can occur as a diversion from prosecution, must be voluntary. Studies show victims report less anxiety and higher satisfaction
