Victims Rights
The Rights Of Victims
Those that have been victimized are often scared and unsure of what to do next. It is very important to remain calm, contact the authorities and do nothing that will compromise evidence that will find and convict the criminal. Timing is essential in a criminal case and you must not delay in reporting the crime. The police will have professionals, most likely a detective that will be able to help you organize your thoughts and build a case. Cooperate with law enforcement and be truthful in your testimony at all times to avoid compromising the case. Do not fabricate or mislead the detectives as this will prevent them from giving your case proper credence.
What do I do immediately after a crime?
Obviously, this varies on the nature of the crime. In almost all cases, however, there will be a crime scene. You will need to preserve the crime scene by not touching any items, however important. Just a tiny sliver of DNA can be all that is needed to find a culprit. The need to preserve a crime scene applies, unfortunately, in rape and sexual assault cases and it is imperative that the victim not wash or clean after the attack. The police will get you to a hospital where the DNA will be collected and you will then be given the treatment you need for damage sustained, be it physical or emotional trauma.
Do not hesitate in calling the police after a crime. You may need to use a payphone, or the phone of a nearby merchant or passerby. Either way, the quicker the police get to the crime scene, the better the chance that the police will preserve evidence and even look for the suspect in the event that the suspect remains in the area.
What do I do if I am called to testify?
You must be truthful about the circumstances of the crime and recount the events of the crime to the court. You must answer questions posed to you, and you will be assisted, usually be an attorney if you choose to testify. You may alternatively make a written or recorded statement and have that statement presented on your behalf in court. Your participation in the trial will help you receive compensation and restitution from the criminal that caused you damages. The court will be able to protect you if you feel threatened in any way, as far as to relocate you, provide a protection detail and a assign new identity, if necessary.
What are my rights as the victim of a crime?
Speedy trial – all criminal cases must be brought to trial in a reasonable amount of time, generally a maximum of six months after the crime has been committed. This may be delayed to locate witnesses, but not to specifically benefit the prosecution. The victim of a crime has the right to be informed of the proceedings related to the criminal such as sentencing, arraignment and parole hearings.
Compensation – there will be a Crime Victims Board that will address financial relief to victims of a crime. Persons usually have one year to file for compensation when that are victims of a crime. States will vary on the amount of compensation that can be collected by there will be a few general categories:
- Loss of earnings
- Burial expenses of a victim that died as a result of the crime
- Cost of crime scene cleanup and initial securing of the crime scene
- Costs associated with seeking counseling and other medical expenses
- Repair and replacement of items damaged as a result of the crime
Enforcement – the victim has a right to know about actions taken against a criminal and actions that might reduce the penalty enforced on the criminal. This includes if the criminal becomes eligible for parole or release. Victims have a right to make victim impact statements at these hearings to sway the decisions of the law enforcement personnel as well as petition to keep enforcement on the criminal.
Harassment/Witness protection program – the victim or witness of a crime is protected against retaliation or harassment by the criminal as well as the criminal’s associates and relatives. A witness protection program generally changes the identification of a threatened witness and maintains dedicated a protection detail to safeguard their well-being. This prevents the possibility of witness intimidation or tampering.
There may be Federal and State protection programs. States that offer witness protection programs include Washington DC, Texas, California, Illinois, Connecticut and New York. The Federal Witness Protection Program covers these states plus any state that does not have such a program. Federal witness protection will entail relocation, assumption of a new identity and protection by the US Marshall's in high threat situations.
Special visas may be granted to victims of human trafficking or foreign witnesses that provide protection in exchange for testifying against a criminal.
Proceedings – victims and families of victims are allowed to provide dispositions on the case, regarding matters such as sentencing and restitution. In a criminal trial for any felony, the victim is allowed a victim impact statement and can address the court regarding the sentencing of the criminal.
Restitution – this is the right of the victim to be restored to the financial status they had prior to the crime. This is related to reparation, which is payments made to the victim for damages caused by the crime. All property held as evidence is returned to the victim, unless the court has a legitimate reason for withholding it.
Right to be informed – all victims of a crime are entitled to a free copy of the police report related to their incident. In addition, all victims of a crime receive access to the Victim Information and Notification Everyday (VINE) hotline where you may inquire about the status of an offender and the likely release date of that offender. The victim of a crime will be informed on a number of procedural matters related to the criminal and will also be informed if the criminal is released or escapes from prison.
Victims' Rights
Who May Exercise Victims' Rights?
Overview of Victims' Rights
Resources
What Are Victims' Rights?
All states and the federal government have passed laws to establish a set of victims' rights. In general, these laws require that victims have certain information, protections, and a limited role in the criminal justice process. Victims' rights depend on the laws of the jurisdiction where the crime is investigated and prosecuted: state, federal or tribal government, or military installation.
Who May Exercise Victims' Rights?
A victim is usually defined as a person who has been directly harmed by a crime that was committed by another person. In some states, victims' rights apply only to victims of felonies (more serious crimes) while other states also grant legal rights to victims of misdemeanors (less serious crimes). Some states allow a family member of a homicide victim or the parent or guardian of a minor, incompetent person, or person with a disability to exercise these rights on behalf of the victims.
Below is a list of basic victims' rights provided by law in most jurisdictions. These rights vary, depending on federal, state, or tribal law.
Right to Be Treated with Dignity, Respect, and Sensitivity
Victims generally have the right to be treated with courtesy, fairness, and care by law enforcement and other officials throughout the entire criminal justice process. This right is included in the constitutions of most states that have victims' rights amendments and in the statutes of more than half the states.2 Victim impact statements allow crime victims, during the decision-making process on sentencing or parole, to describe to the court or parole board the impact of the crime on their lives. The victim impact statement may include a description of psychological, financial, physical, or emotional harm the victim experienced as a result of the crime. A judge may use information from these statements to help determine an offender's sentence; a parole board may use such information to help decide whether to grant a parole and what conditions to impose in releasing an offender. Many victims have reported that making victim impact statements improved their satisfaction with the criminal justice process and helped them recover from the crime.
In some states, the prosecutor is required to confer with the victim before making important decisions. In all states, however, the prosecutor (and not the victim) makes decisions about the case.
Right to Be Informed
The purpose of this right is to make sure that victims have the information they need to exercise their rights and to seek services and resources that are available to them. Victims generally have the right to receive information about victims' rights, victim compensation (see "Right to Apply for Compensation," below), available services and resources, how to contact criminal justice officials, and what to expect in the criminal justice system. Victims also usually have the right to receive notification of important events in their cases. Although state laws vary, most states require that victims receive notice of the following events:
The arrest and arraignment of the offender
bail proceedings
pretrial proceedings
dismissal of charges
plea negotiations
trial
sentencing
appeals
probation or parole hearings
release or escape of the offender
States have different ways of providing such information to victims. Usually, information about court proceedings is mailed to the victim. Some states have an automated victim notification system that automatically calls or e-mails the victim with updates on the status of the offender, while others require the victim to telephone the authorities to receive such updates.
Right to Protection
In many states, victims have the right to protection from threats, intimidation, or retaliation during criminal proceedings. Depending on the jurisdiction, victims may receive the following types of protection:
police escorts
witness protection programs
relocation
restraining orders
Some states also have laws to protect the employment of victims who are attending criminal proceedings (see "Right to Attend Criminal Proceedings," above).
Right to Apply for Compensation
All states provide crime victim compensation to reimburse victims of violent crime for some of the out-of-pocket expenses that resulted from the crime. The purpose of compensation is to recognize victims' financial losses and to help them recover some of these costs. All states have a cap on the total compensation award for each crime, and not all crime-related expenses are covered. To be eligible for compensation, victims must submit an application, usually within a certain period of time, and show that the losses they are claiming occurred through no fault of their own. Some types of losses that are usually covered include:
medical and counseling expenses
lost wages
funeral expenses
Compensation programs seldom cover property loss or pain and suffering. Also, victim compensation is a payer of last resort; compensation programs will not cover expenses that can be paid by some other program, such as health insurance or workman's compensation.
Right to Restitution from the Offender
In many states, victims of crime have the right to restitution, which means the offender must pay to repair some of the damage that resulted from the crime. The purpose of this right is to hold offenders directly responsible to victims for the financial harm they caused. The court orders the offender to pay a specific amount of restitution either in a lump sum or a series of payments. Some types of losses covered by restitution include:
lost wages
property loss
insurance deductibles
Right to Prompt Return of Personal Property
Crime investigators must often seize some of the victim's property as evidence for a criminal case. In most states, authorities must return such property to the victim when it is no longer needed. To speed up the return of property, some states allow law enforcement to use photographs of the item, rather than the item itself, as evidence. The prompt return of personal property reduces inconvenience to victims and helps restore their sense of security.
Right to a Speedy Trial
Right to Enforcement of Victims' Rights
To be meaningful, legal rights must be enforced. States are beginning to pass laws to enforce victims' rights, and several states have created offices to receive and investigate reports of violations of victims' rights. Other states have laws that permit victims to assert their rights in court.
A useful information source is Victim Law, a comprehensive online database on state laws affecting victims.
For a directory of state crime victim compensation Programs, visit the National Association of Crime Victim Compensation Boards