Module 3 Basic Victims Rights

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Module 3Basic Victims Rights
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Learning Objectives

• Describe 10 major categories of victims rights
  laws.
• Identify types of records needed to document
  losses for victim restitution.
• Discuss actions you can take to ensure that
  victims rights are enforced.

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Activity
Reverse Miranda Worksheet 3.1
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Activity
Victims Rights Laws in the United States
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Ten Victims Rights
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Basic Victims Rights

• 1. Right to be treated with dignity and
  respect
• 2. Right to notification
• 3. Right to be present
• 4. Right to be heard
• 5. Right to reasonable protection from
  intimidation and harm
• 6. Right to restitution
• 7. Right to information and referral
• 8. Right to apply for victim compensation
  (violent crimes)
• 9. Right to speedy proceedings
• 10. Special rights and protections

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Right To Be Treatedwith Dignity and Respect

• Crime victims will be treated with sensitivity.
• This right is included in
• Most states constitutional amendments that
  define victims rights.
• Most states victims bills of rights.
• Crime Victims Rights Act within the Justice for
  All Act for federal crime victims.

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Right to Notification

• Threshold right from which all other victims
  rights emanate.
• Right to be notified
• Of statutory and constitutional rights available.
• Of the status of the case and alleged or
  convicted offender.
• At all junctures throughout the criminal justice
  process where crime victims have the right to
  participate.

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Right to Notification Historical/Legal
Perspective

• 1982 Presidents Task Force on Victims of Crime
  Final Report recommended victims are provided
• Case status information.
• Prompt notice of scheduling changes for court
  proceedings.
• Prompt notice of defendants arrest and bond
  status.

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Right to Notification Historical/Legal
Perspective

• Today, all 50 states, the District of Columbia,
  and the federal justice system have notification
  laws.
• There are at least 67 points of notification for
  victims.

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Range of Victim Notification Processes

• In person
• By telephone
• By letter
• By e-mail
• Through technology
• Through agency Web sites

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Right To Be Present

• All victims have the right to be present during
  criminal justice proceedings.
• Victims have the right to have a voice at
  critical hearings related to their cases.
• Allows victims
• To express their concerns about the status of
  offenders.
• The opportunity to tell the court or paroling
  authority about the impact the crime has had on
  them.

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Importance of the Right To Be Present

• Helps victims take an active role in securing
  justice.
• Reminds judge, jury, court personnel, and parole
  boards of the human consequences of crime.
• Helps keep victims informed.
• Provides victims with the information needed to
  ask informed questions.

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Right To Be Heard

• Victims have the right to have a voice at
  critical hearings related to their cases.
• This right allows victims
• To express their concerns about the status of
  offenders.
• The opportunity to tell the court or paroling
  authority about the impact the crime has had on
  them.

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Right To Be Heard Historical/Legal Perspective

• 1976 Fresno County, CA, Chief Probation Officer
  believed it was unfair that no victim impact
  information was presented at sentencing.
• All 50 states and the federal system have allowed
  victim impact evidence at sentencing.

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Right to Reasonable Protection from Intimidation
and Harm

• Justice agencies have a duty to offer victims
  measures to
• enhance their personal safety
• prevent alleged or convicted offenders from
  intimidating, threatening, or harming victims.
• No statute, law, or constitutional amendment can
  guarantee victims will be protected from
  offenders.

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Safety Concerns and Victims Rights Laws

• Legal action to protect from intimidation and
  harassment.
• Safe and secure waiting areas.
• Specific offenses for the harassment of victims
  and witnesses.
• No contact orders as a condition of pre- and
  post-trial release.
• Automatic revocation of pretrial or supervised
  post-trial release.
• Detain defendants who pose a danger to victim
  and/or community safety.

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What Can Victim Service Providers Do To Help
Ensure Victim Safety?

• Assist victim to
• request a protection or no contact order.
• request contact information for those responsible
  for offender supervision or incarceration.
• make decisions and consider actions that can
  enhance their personal safety.
• Inform victim of protection order conditions and
  confirm that the order has been served.

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Right to Restitution

• Restitution is a financial remedy that is
  applied to criminal cases in an attempt to
  restore the crime victim to his or her
  pre-offense state.

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Injuries Have Costs

• Victims suffer physical, emotional, and financial
  injuries.
• Restitution shifts some burden to convicted
  criminal offenders.

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Right to Restitution Historical/Legal Perspective

• Restitution is the oldest victim right.
• Restitution can be ordered
• In cases of property crime involving the theft of
  goods or stolen/damaged property.
• For victims of violent crime and survivors of
  homicide for current and future expenses.
• For theft of services, fraud, forgery, and
  violation of vehicle and traffic laws.

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Activity
Documenting Losses for Victim Restitution
Edith and CharlesWorksheets 3.1, 3.2
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Right to Information and Referral
This right includes the provision of information
about

• Basic victims rights.
• The justice process.
• Services available to help cope with the
  aftermath of crime.

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Right To Apply for Compensation

• Reimburse violent crime victims for
• Medical costs.
• Mental health counseling.
• Funeral and burial costs.
• Lost wages or support.

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Right To Apply for Compensation
Historical/Legal Perspective

• State victim compensation programs provide
  financial assistance to crime victims and their
  families.
• State laws dictate the range of compensation
  benefits available to crime victims.
• Most states have minimum loss requirements.
• All states have maximum benefit levels.

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Who Is Eligible for Compensation?

• Victim must
• Be innocent of criminal activity or misconduct
  that caused/contributed to victims injury/death.
• Report the crime promptly.
• Cooperate with police and prosecutors.
• Submit a timely application to the compensation
  program.

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Collateral Resources

• Compensation programs are payers of last resort.
• Collateral sources of payment to the victim must
  be accessed before compensation programs will
  consider payment.

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Right to Proceedings Without Unreasonable Delay

• Court required to consider adverse impact delays
  may have on victim.
• One of the greatest hardships victims endure in
  the criminal justice process is the delay of
  scheduled proceedings.
• Repeated continuances cause serious hardships and
  trauma for victims.

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Special Rights and Protections

• Employer intercession.
• Prompt property return.
• Victims right to privacy
• Protection of the victims contact information.
• Protection of the victims identity.

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Activity
What Can I Do?
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Review of Learning Objectives

• Describe 10 major categories of victims rights
  laws.
• Identify types of records needed to document
  losses for victim restitution.
• Discuss actions you can take to ensure that
  victims rights are enforced.