## Module 3: Basic Victims' Rights {#module-3-basic-victims-rights .NVAA-Heading-2 .unnumbered}

### Time Required {#time-required .NVAA-Heading-3}

2 hours, 15 minutes

### Purpose {#purpose .NVAA-Heading-3}

Thousands of laws have been enacted to provide rights for crime victims
in our nation's justice systems. This module will review basic rights
for victims and provide an historical and legal perspective for each.
Using a case scenario, participants will explore specific actions victim
service providers can take to advocate for crime victims' rights and
ensure those rights are enforced.

### Prerequisite Learning Activities {#prerequisite-learning-activities .NVAA-Heading-3}

Prior to the NVAA Track 1, Foundation-Level training, participants were
given the following instructions:

Locate, obtain, and bring to the Academy as many of the following laws,
as may be appropriate for your particular jurisdiction, on the following
victim rights:

-   State Constitutional Amendment (primarily for state participants)

-   State Victim's Bill of Rights (primarily for state participants)

-   Federal Crime Victims' Rights Act (primarily for federal
    participants)

-   Victim Notification Legislation

-   Victim Impact Statement Legislation

-   Restitution Legislation

-   Protection from Intimidation and Harm Legislation

If your jurisdiction does not have some or any of these in "legislation"
but they do exist in other forms, such as an oral tradition (primarily
for tribal participants) or in other written policy statements (e.g.,
that may exist on military installations), please bring whatever
information you can on the above core victim rights.

Helpful Hints:

In many jurisdictions, the basic victim rights are summarized and
catalogued by VOCA Administrator's offices, other government agencies
(e.g., the office of the Governor, Attorney General,
State/County/District Attorney, or statewide victim services coalitions.
Visiting those Web sites may provide a helpful reference to what those
laws are and where they can be located.

### Lessons {#lessons .NVAA-Heading-3}

1\. Overview of Victims' Rights (30 minutes)

2\. Ten Victims' Rights (1 hour, 45 minutes)

### Learning Objectives {#learning-objectives .NVAA-Heading-3}

By the end of this module, participants will be able to:

-   Describe 10 major categories of victims' rights laws.

-   Identify types of records needed to document losses for victim
    restitution.

-   Discuss actions they can take to ensure that victims' rights are
    enforced.

### Worksheets {#worksheets .NVAA-Heading-3}

-   Worksheet 3.1: Case Scenario: Edith, Charles, and Daniel

-   Worksheet 3.2: Identifying and Documenting Losses for Victim
    Restitution

### Equipment and Materials {#equipment-and-materials .NVAA-Heading-3}

No special equipment or materials are needed.

### Preparation {#preparation .NVAA-Heading-3}

-   Read Chapter 3, Basic Victims' Rights, in the Participant's Text.

-   Prepare copies of victims' right laws from a sampling of states to
    distribute to those participants who did not bring their state laws
    with them to the Academy.

-   Prepare 10 tearsheets: Each has one basic victims' right written as
    the header.

### Introduction {#introduction .NVAA-Heading-3}

-   Show Visual 3-1.

Review the purpose of and learning objectives for this module:

Thousands of laws have been enacted to provide rights for crime victims
in our nation's justice systems. This module will explore basic rights
for victims and what actions victim service providers can take to
advocate for victims' rights and to ensure those rights are enforced.

By the end of this module, participants will be able to:

-   Describe 10 major categories of victims' rights laws.

-   Identify types of records needed to document losses for victim
    restitution.

-   Discuss actions they can take to ensure that victims' rights are
    enforced.

###  {#section .NVAA-Heading-3}

### 1. Overview of Victims' Rights (30 minutes) {#overview-of-victims-rights-30-minutes .NVAA-Heading-3}

-   Show Visual 3-2.

```{=html}
<!-- -->
```
-   Activity: Reverse Miranda (10 minutes).

***The purpose of this activity is to introduce the 10 categories of
basic victims' rights.***

1.  ***Ask participants to turn to Worksheet 3.1, Case Scenario: Edith,
    Charles, and Daniel, and read it.***

2.  ***After they have read the case scenario, they are to write their
    answers to the following question on their handout:***

3.  ***As this case proceeds through the criminal justice system, what
    are the basic rights of Edith and Charles? (For example, they have
    the right to notification.)***

4.  ***After 5 minutes, ask for a few volunteers to read the list of
    rights that each has identified.***

    ***Write responses on newsprint until 10 basic rights have been
    identified.***

    -   Show Visual 3-3.

-   Activity: Victims' Rights Laws in the States (15 minutes)

1.  Ask participants to divide into pairs and share with their partner
    key points of the victims' rights laws in their states.

2.  Ask for two or three volunteers to share with the large group the
    key points of their state laws.

3.  Summarize similarities and differences between state laws.

### 2. Ten Victims' Rights (1 hour, 45 minutes) {#ten-victims-rights-1-hour-45-minutes .NVAA-Heading-3}

-   Show Visuals 3-4 and 3-5. Basic Victims' Rights.

Victims' rights generally can be divided into 10 categories:

-   Right to be treated with respect

-   Right to notification

-   Right to be present

-   Right to be heard

-   Right to reasonable protection from intimidation and harm

-   Right to restitution

-   Right to information and referral

-   Right to apply for victim compensation (for violent crime victims)

-   Right to speedy proceedings

-   Special rights and protections

    -   Show Visual 3-6. Right To Be Treated with Dignity and Respect.

Present and discuss the definition for this right.

-   Crime victims will be treated with sensitivity during all phases of
    justice processes and by all agents of the justice systems.

-   This right is included in:

```{=html}
<!-- -->
```
-   Most states' constitutional amendments that define victims' rights.

-   Most state victims' bills of rights.

-   The federal Crime Victims' Rights Act within the Justice for All
    Act, enacted into law in 2004.

    -   Show Visual 3-7. Right to Notification.

Present and discuss the definition for this right.

-   This is the "threshold right" from which all other victims' rights
    emanate.

-   The victim of a crime has the right to be notified:

```{=html}
<!-- -->
```
-   Of their statutory and constitutional rights.

-   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.

    -   Show Visuals 3-8 and 3-9. Right to Notification:
        Historical/Legal Perspective.

Briefly provide the historical/legal perspective for this right.

-   1982 President's Task Force on Victims of Crime Final Report
    recommended that victim-notification laws be enacted to ensure that
    victims are provided:

```{=html}
<!-- -->
```
-   Case status information.

-   Prompt notice of scheduling changes for court proceedings.

-   Prompt notice of defendants' arrest and bond status.

```{=html}
<!-- -->
```
-   Today, all 50 states, the District of Columbia, and the federal
    justice system have enacted notification laws.

-   Currently, there are at least 67 different points of notification
    for victims about:

```{=html}
<!-- -->
```
-   Their rights.

-   Their right to attend and participate in hearings.

-   Events and activities involving the status of alleged and convicted
    offenders.

    -   Show Visual 3-10. Range of Victim Notification Processes.

Present the different ways victims can be notified:

-   In person by a justice agency official or victim service provider.

-   By telephone.

-   By letter.

-   By email.

-   Through technology: automated calls to victims; victims call into
    computerized system.

-   Through use of agency Web sites that document information (i.e.,
    status of case and alleged or convicted offender).

    -   Show Visual 3-11. Right To Be Present.

Present and discuss the definition for this right.

-   All victims have the right to be physically present during criminal
    justice proceedings.

-   State statutes and some state constitutions have defined the right
    to be present more specifically than others. Examples:

```{=html}
<!-- -->
```
-   "Victims shall have the right to attend all criminal justice
    proceedings that the defendant has the right to attend."

-   Some states allow judges considerable discretion in how the victim's
    right to attend is applied.

    -   Show Visual 3-12. Importance of the Right To Be Present.

Review some of the reasons why this right is important.

-   Helps victims take an active role in securing justice, holding the
    offender accountable, and promoting safety for themselves and the
    community.

-   Reminds the judge, jury, court personnel, and parole boards of the
    real human consequences of crime in a way that helps foster a more
    balanced and just system.

-   Helps keep victims informed about what is happening in their case.

-   Provides victims with the information needed to ask the prosecutor
    timely and informed questions about their case and its progress.

    -   Show Visual 3-13. Right To Be Heard.

Present the definition for this right.

-   Victims have the right to have a voice at critical hearings related
    to their cases---from bail and bond hearings to sentencing and
    parole hearings.

-   This right allows victims:

```{=html}
<!-- -->
```
-   To express their concerns about the status of offenders.

-   The opportunity to tell (through victim impact statements) the court
    or paroling authority about the physical, psychological, financial,
    social, and spiritual impact the crime has had on them and their
    families.

Present information about victim impact statements. Victim impact
information can be presented in:

-   Oral impact statements.

-   Written impact statements.

-   Pre-sentence investigation (PSI) or pre-adjudication investigation
    (PAI) reports.

    -   Show Visual 3-14. Right To Be Heard: Historical/Legal
        Perspective.

Briefly provide the historical/legal perspective for this right.

-   1976: Fresno County, CA, Chief Probation Officer James Rowland
    believed it was unfair that no information was presented at
    sentencing about the impact of the crime on the victim.

-   All 50 states and the federal system have allowed victim impact
    evidence at sentencing.

-   Majority of states require the sentencing authority to consider
    victim impact statements in the sentencing decision.

    -   Show Visual 3-15. Right to Reasonable Protection from
        Intimidation and Harm.

Present and discuss the definition for this right:

-   Justice agencies and agents have a duty to offer victims a range of
    measures that can enhance their personal safety and prevent an
    alleged or convicted offender from intimidating, threatening, or
    harming victims.

Briefly discuss the historical/legal perspective for this right.

-   No statute, law, or constitutional amendment can guarantee that
    victims will be protected from their accused or convicted offenders.

-   Many states assert that victims have a right to "reasonable
    protection" from the offender.

-   More than half of states have passed laws granting victims the right
    to be reasonably protected from the accused during the criminal
    justice process.

-   Eight states have granted this right in a constitutional amendment.

    -   Show Visual 3-16. Safety Concerns and Victims' Rights Laws.

Briefly explain the following ways that victims' rights laws address
safety concerns.

-   Victims' bills of rights generally require victims to be notified at
    the beginning of the judicial process about legal action they can
    take to protect themselves from intimidation and harassment (e.g.,
    orders of protection, restraining orders).

-   States have laws requiring courts to establish safe and secure
    waiting areas for crime victims and witnesses to reduce potential
    intimidation and harassment from a defendant or his family and
    friends.

-   States have established specific offenses for the harassment of
    victims and witnesses and make harassment grounds for bail
    revocation and re-incarceration.

-   States have enacted protection statutes that mandate judges to issue
    "no contact" orders as a condition of pretrial and post-trial
    release.

-   States have passed laws that require automatic revocation of
    pretrial or supervised post-trial release if the defendant or
    convicted offender harasses or intimidates a victim or witness.

-   State laws have given courts the authority to detain defendants who
    pose a danger to victims and/or community safety.

    -   Show Visual 3-17. What Can Victim Service Providers Do To Help
        Ensure Victim Safety?

Briefly present and discuss the following information on ways victim
service providers can help ensure victims are knowledgeable about the
range of victims' protection rights.

-   Victims can request that the court/correctional agency/probation
    agency/paroling authority issue a protection or no contact order.
    This means that for a designated period of time, the offender will
    be under a legal order to refrain from contacting the victim.

-   Victims can request contact information for the specific criminal
    justice agency and officials who are responsible for offender
    supervision or incarceration.

-   Victims should be informed of the specific conditions of a
    protection order and have the justice agency confirm that the order
    has been served to the offender.

-   Victim service providers can assist victims in making decisions and
    considering actions that can enhance their personal safety and
    security at home, at work, and in the community. They can work with
    victims to develop safety plans that give victims a sense of control
    and involvement in their personal protection.

    -   Show Visual 3-18. Right to Restitution.

Briefly provide a definition and discuss this right.

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

    -   Show Visuals 3-19. Injuries Have Costs.

Present and discuss the costs associated with specific types of
injuries.

-   Victims suffer physical, emotional, and financial injuries that may
    have real costs associated with them.

-   Physical injuries often require costly medical care and physical
    therapy.

-   Psychological and emotional injuries often require ongoing
    counseling and therapy.

-   Victims suffer direct economic losses as a result of property
    damage, theft, lost wages, and expenses related to their
    participation in the justice process.

-   Crime victims may have limited resources. The economic consequences
    of being a crime victim often push victims into bankruptcy.

-   Cost of crime (i.e., medical expenses, lost earnings, public
    assistance): \$105 BILLION per year (National Institute of Justice,
    1996).

-   When pain, suffering, and the reduction in quality of life are added
    to the cost of crime: \$450 BILLION per year (National Institute of
    Justice, 1996).

-   Restitution is intended to shift some of this burden to convicted
    criminal offenders.

    -   Show Visuals 3-20. Right to Restitution: Historical/Legal
        Perspective.

Present the following information.

-   Restitution is the "oldest" victim right.

-   Restitution statutes were among the first victims' rights laws
    passed in the 1960s and 1970s.

-   Today, all states have restitution laws that provide crime victims
    the right to receive financial recompense from the offender.

-   Restitution can be ordered:

```{=html}
<!-- -->
```
-   In cases of property crime involving the theft of goods or stolen or
    damaged property.

-   For victims of violent crime and for survivors of homicide for
    current and future expenses related to the crime

-   For theft of services, fraud, forgery, and violation of vehicle and
    traffic laws.

    -   Show Visual 3-21.

```{=html}
<!-- -->
```
-   Activity: Documenting Losses for Victim Restitution: Edith and
    Charles (15 minutes.

The purpose of this activity is to identify possible economic losses
suffered by Edith and Charles as a result of their victimization, using
**Worksheet 3.1, Case Scenario: Edith, Charles, and Daniel**.

Ask participants to review Worksheet 3.2, Identifying and Documenting
Losses for Victim Restitution.

After most participants have completed their review, ask participants to
identify Edith's and Charles' losses. Record these on newsprint, leaving
enough room to record how they might document their losses.

When the list of possible losses is complete, go back and ask
participants how they would advise Edith and Charles to document their
losses for each type that was identified.

-   Show Visual 3-22. Right to Information and Referral.

Briefly provide a definition for this right. This right includes the
provision of information about:

-   Basic victims' rights.

-   Justice process.

-   Community- and system-based services available to help cope with the
    aftermath of crime.

-   Information about the range of victim-assistance programs in the
    United States is provided in the Participant's Text, Chapter 3.
    Additionally, information about the range of victims' rights and
    services in the United States can be found in that same chapter.

    -   Show Visual 3-23. Right To Apply for Compensation.

Briefly provide a definition for this right.

Victim compensation programs reimburse violent crime victims for
crime-related expenses such as medical costs, mental health counseling,
funeral and burial costs, and lost wages or support that are not covered
by collateral sources.

-   Show Visual 3-24. Right To Apply for Compensation: Historical/Legal
    Perspective.

Present the following information.

-   Every state has a crime victim compensation program that can provide
    substantial financial assistance to crime victims and their
    families.

-   State laws dictate the range of compensation benefits levels
    available to crime victims.

-   Almost all states have minimum loss requirements.

-   All states have maximum benefit levels, usually ranging from
    \$10,000 to \$25,000.

    -   Show Visual 3-25. Who Is Eligible for Compensation?

Present the following eligibility requirements.

-   Requirements vary from state to state. Generally the victim must:

```{=html}
<!-- -->
```
-   Be innocent of criminal activity or significant misconduct that
    caused or contributed to the victim's injury or death.

-   Report the crime promptly to law enforcement.

-   Cooperate with police and prosecutors in the investigation and
    prosecution of the case.

-   Submit a timely application to the compensation program and provide
    other information as requested by the program.

    -   Show Visual 3-26. Collateral Resources.

Briefly describe other collateral sources of payment to the victim.

-   Compensation programs are "payers of last resort."

-   Other collateral sources of payment to the victim must be accessed
    before compensation programs will consider payment.

```{=html}
<!-- -->
```
-   Medical and auto insurance.

-   Employee benefit programs.

-   Social security.

-   Medicaid.

    -   Show Visual 3-27. Right to Proceedings without Unreasonable
        Delay.

Briefly define and discuss this right.

-   A court is required to consider any adverse impact a delay may have
    on the well-being of the victim when considering a motion for a
    delay or continuance. The court must balance the victim's interests
    with the fair-trial rights of the defendant.

-   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. The impact of continuances is particularly difficult for
    victims whose memories may fade over time or whose health may
    deteriorate.

Present the following information.

-   Many states have laws that give crime victims the right to request a
    speedy trial.

-   Defendants have a similar right clearly defined in the U.S.
    Constitution.

    -   Show Visual 3-28. Special Rights and Protections.

Present and discuss the three victims' rights laws in this category.

**Employer Intercession:** Most states have enacted laws that prevent
employers from firing or penalizing victims when they take time off from
work to attend preliminary hearings, trials, sentencing hearings, parole
hearings, etc.

**Prompt Property Return:** Laws giving victims the right to have their
property returned within a reasonable period of time have been enacted
in most states.

Victims' Right to Privacy:

-   Protection of the victim's contact information.

```{=html}
<!-- -->
```
-   Created to prevent defendants and/or their agents from discovering
    the location of the victim in order to further victimize, harass, or
    intimidate the victim or the victim's family members.

```{=html}
<!-- -->
```
-   Protection of the victim's identity.

```{=html}
<!-- -->
```
-   Created to prevent the disclosure of the victim's identity to the
    public in order to spare him or her embarrassment, loss of dignity,
    and stigma from the publication of personal facts or details related
    to the crime.

Briefly discuss actions that victim advocates can take to ensure crime
victims' rights are enforced.

-   To be effective, victim advocates need to have a strong working
    knowledge of victims' right laws and how they should be implemented.

-   Many states offer compilations of victims' rights laws either online
    or in printed directories. Check with the state VOCA administrator
    to learn if there is a list of laws pertaining to victims' rights.

    -   Show Visual 3-29.

```{=html}
<!-- -->
```
-   Activity: What Can I Do? (15 minutes).

***The purpose of this activity is to highlight and promote actions by
participants to help ensure crime victims' rights.***

1.  ***Refer participants to prepared tearsheets posted around the room.
    Each tearsheet has one basic right written at the top.***

2.  ***Ask participants to walk around the room and, using a marker,
    write specific actions they take or that a victim service provider
    can take to ensure that the right is enforced.***

3.  ***After 10 minutes, ask for a volunteer to present the material
    from one tearsheet.***

4.  ***Ask for comments or questions after each right has been
    covered.***

    -   Show Visual 3-30. Review Module Learning Objectives.

Review the learning objectives and ask whether these were met.

By the end of this module, participants will be able to:

-   Describe 10 major categories of victims' rights laws.

-   Identify types of records needed to document losses for victim
    restitution.

-   Discuss actions they can take to ensure that victims' rights are
    enforced.

Ask for final questions and close the module.

**Worksheet 3.1**

**Case Scenario: Edith, Charles, and Daniel**

Edith is a 68-year-old widow who lives on a small farm just outside of
town with her 47-year-old son Charles, who has several developmental and
other disabilities (including mental retardation and epilepsy). For the
past 2 years, Charles has been attending a workshop where he attaches
zippers and pulls to backpacks in return for a small stipend.

Edith and Charles recently befriended Daniel, the new bus driver for the
shelter workshop, who has joined them for dinner on several occasions.
When Edith noticed that small things started disappearing from her
farmhouse---including a set of keys and her mother's gold earrings---she
just thought that she was being forgetful.

Late one Saturday night, Edith was sleeping in her reclining chair when
something slammed down on her head. That's all she remembered prior to
waking up Sunday morning, bloodied and bruised, to a ransacked house.
She noticed that everything valuable (TV, DVD player, jewelry) was
missing as she wandered from room to room calling out Charles' name. She
found him lying face down in the bathroom, barely breathing, following
what she guessed was a seizure. She quickly gave Charles his medicine
and called 911. Both Edith and Charles were taken to the hospital, where
they were treated and kept overnight for observation.

Three days later, Edith was amazed to learn that the local sheriff had
arrested Daniel for home invasion, burglary, assault, and attempted
murder. Daniel had a lengthy record of burglaries to support his
methamphetamine habit.

As this case proceeds through the criminal justice system, what are the
core rights of Edith and Charles? (For example, they have the right to
notification.)

**Worksheet 3.2**

## Identifying and Documenting Losses for Victim Restitution

Based on **Worksheet 3.1, Case Scenario: Edith, Charles, and Daniel**,
circle some of the losses suffered by Edith and Charles and the records
they might need to document the losses, using the information listed
below.

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

To ensure accurate and complete restitution orders, victims are required
to document their losses in writing for the court or paroling authority.

Outline for victims in writing some of the records they might need.

-   Employer statements (letters or affidavits) that document unpaid
    time off from work which the victim took as a result of injuries
    from the crime or involvement in justice processes.

-   Documentation of any worker-compensation claims submitted and/or
    claims payments received by the victim.

-   Copies of bills for services directly related to the victim's
    financial recovery from the crime.

-   Any receipts for items or services.

-   Documentation that estimates the value of stolen property.

-   Photos of valuables that were stolen.

-   Copies of any documentation provided by local law enforcement
    agencies (records of serial numbers, photos) that is intended to aid
    victims in the recovery of stolen property.

-   Any law enforcement records that indicate the status of stolen
    property (property recovered, recovered but damaged).

-   Copies of the victim's application to, or checks received from, the
    state victim compensation fund.

-   Copies of insurance claims and related correspondence between the
    victim and his or her insurance company, as well as copies of checks
    the victim may have received to cover losses.

**Immediate Losses**

During the pre-sentencing investigation, victims should be asked to
report information about their losses by completing or updating a
financial worksheet and providing documentation as described above.

These losses can include the following:

**Medical Care**

-   Emergency transportation to the hospital.

-   Rape-kit examinations that are not immediately paid for by a third
    party.

-   All expenses related to the hospital stay, including the room,
    laboratory tests, medications, x-rays, HIV testing in cases
    involving the exchange of bodily fluids, and medical supplies.

-   Expenses for inpatient and outpatient care provided by physicians,
    as well as medication and medical supplies.

-   Fees for physical or occupational therapy.

-   Replacement of eyeglasses, hearing aids, or other sensory-aid items
    damaged, destroyed, or stolen from the victim.

-   Rental and related costs for equipment used for the victim's
    physical restoration, such as wheelchairs, wheelchair ramps, special
    beds, or crutches.

##### Mental **Health Services**

-   Fees for counseling or therapy for the victim and family members.

-   Costs related to the victim's participation in support or therapy
    groups.

-   Expenses for medications that doctors may prescribe for victims to
    help ease their trauma following a crime.

##### Funeral Expenses

-   Costs associated with burials, caskets, cemetery plots, or memorial
    services.

-   Expenses for travel to plan or attend funerals.

##### Time Off From Work

-   To repair damage following property crimes.

-   To attend or participate in court or parole proceedings.

-   To attend doctor appointments for injuries or mental health needs
    directly resulting from the crime.

##### Other Expenses

-   Crime scene cleanup.

-   Costs of replacing locks or changing security devices.

-   Expenses related to child or elder care when victims have to testify
    in court.

-   Relocation expenses.

-   Fees incurred in changing bank or credit card accounts.

##### Projected Expenses

Victimization often results in injuries or losses that are long-term in
nature. While it is not possible to accurately document such projected
expenses, it is possible to document expert opinions as to future
financial obligations the victim might incur as a direct result of the
crime.

Victims should be advised to seek documentation (a letter or affidavit)
from professionals who are providing them with medical or mental health
services that offers an estimate of future treatment needs, as well as
related expenses. Such costs can include:

-   Long-term medical treatment.

-   Physical or occupational rehabilitation or therapy.

-   Mental health counseling or therapy.

-   Time that must be taken off from work to receive any of the above
    services.

The justice professional responsible for assessing victim restitution
needs should provide this documentation to the court or paroling
authority.

By Anne Seymour. (1997) Victim Restitution: Promising Practices and
Strategies for Victim Services in Corrections. National Center for
Victims of Crime.