Wk 3-PP: Victim’s Rights Flashcards
Victim’s Rights to Be Heard Victim Impact Statements
Victim Impact Statements.
The right of the victim/victim’s family to speak out or be heard during various phases of the criminal justice process.
Written statement.
Video tape.
State and federal laws should allow criminal justice and juvenile justice agencies to facilitate community impact statements to talk about how the community was affected by crime (e.g., drug, gang, and prostitution cases).
Victim’s Right of Notice
Victim’s have the right to timely notification (phone calls, writing, Internet) of various aspects of the criminal justice system, including:
Court proceedings.
Plea agreements.
Sentencing.
Appeals.
Inmate status including release, walk-away, escape, death, and custody reclassifications. notice is usually promptly or within a short amount of time.
Victim’s Right to Reasonable Protection and Safety
Victim’s and witnesses have the right to reasonable protection and safety.
Some legislatures have a no-contact order as a part of their release.
Harassment or intimidation should be result in the automatic revocation of pretrial or supervised post-trial release, bail revocation, and should be considered an aggravating factor in sentencing.
Violations should be charged under anti-harassment, intimidation, and stalking laws.
All protective orders should be maintained in a central automated database accessed by law enforcement throughout the country.
Violations of protection orders should be taken seriously and sanctioned as federal crimes when the crime occurs across state lines.
Separate and secure waiting areas in courts.
The limitation of face-to-face confrontations with the offender.
Victim’s Rights at Prosecution
Victims have the right to be present throughout all public court proceedings.
Victims have the right to participate in the court proceedings.
Victims should receive assistance in exercising participatory rights including child care, time off of work, transportation, parking, lodging, and the like.
Federal and state laws should prohibit employers from taking adverse action against victims who miss work to participate in the criminal or juvenile justice process.
Prosecutors should provide victims with an opportunity for meaningful consultation prior to major case decisions.
Victims have the right to proceedings free from unreasonable delay (i.e., victim’s right to a speedy trial).
Victim rights should be enforced in all juvenile justice proceedings.
States should adopt truth in sentencing reforms to ensure that victims know how long offenders will be incarcerated.
Victim’s Rights Extended in all Court Systems
Victim’s rights should be extended to all court systems (federal, juvenile, military, and tribal justice systems).
All members of each justice system should review their legislation, policies, and court systems to enhance the rights of victims in each respective system.
Training for all members of these systems to ensure that victim’s rights are extended to all victims.
Victim’s Rights to Testing for STDs and HIV
In cases where bodily fluids were exchanged, victims should have the right to be tested and to have the accused tested for sexually transmitted diseases (STDs) and HIV.
Testing should be conducted by specially trained personnel who can advise victims regarding the reliability, limitations, and significance of the results.
Victims should be informed about all treatment options that are available.
Provide for follow-up testing and counseling
Victim’s Rights to Compensation
Public funds that are paid to the victims or their families to recover out-of-pocket expenses for injuries suffered as a result of another’s criminal act.
Those who have suffered economic loss are allowed to partially recover funds from a state-supported fund.
Eligible expenses include medical expenses, counseling, burial expenses, special services to the victim, and rehabilitation expenses.
Common Components of Compensation
All programs grant aid to innocent victims.
Many states have boards/commissions that investigate victim’s claims and eliminate/reduce any award if the victim contributed to his/her injury by participating in or provoking the offender.
Most programs compensate only the more serious offenses.
Programs do not pay for the property that was damaged/stolen in burglaries/robberies.
All states prevent “double dipping.”
Most states require the victim to report the crime to the police and cooperate with them in any investigation and court proceeding.
Victim’s Rights to Restitution
Part of a criminal sentence that requires the offender to pay for injuries suffered by the victim.
The original rationale was to require the party that injured the victim to pay for her injuries.
Every state has restitution statutes that allow courts to order the perpetrator to pay the victim for any injuries suffered as a result of the offender’s criminal act(s).
Victim’s have the Right to a Full Array of Services
All crime victims should have access to a full range of services.
All members of the criminal justice system should ensure that victims have information about their victim’s rights and the availability of services within the system and/or at the community level.
New funding mechanisms for expansion and implementation of victims’ rights and services.
Introductory and continuing education for all criminal justice practitioners.
Victim’s Right to Enforcement of Victims Rights
States should review victims’ rights statutes and constitutional amendments to determine if fundamental rights are extended to all crime victims.
Victims should have standing to enforce their rights and sanctions should be applied to criminal justice and juvenile justice professionals who deny victims their fundamental rights.
State and federal government should create compliance enforcement programs (victim ombudsperson programs) to help facilitate the implementation of victims’ rights.
Oversight mechanisms to determine compliance and to investigate crime victims complaints regarding violation of rights.
Recommend corrective action and make findings available to press, legislature, and public.
