# Presentation: 079427

## Module 3Basic Victims’ Rights

## 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.**

## Activity

***Reverse Miranda***** **

## Activity

***Victims’ Rights Laws in the United States***

## Ten Victims’ Rights 

## Basic Victims’ Rights 

**  ****1.   Right to be treated with 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**

## Right To Be Treatedwith 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.**

## 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.**

## Right to Notification:  Historical/Legal Perspective 

**1982 President’s 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.**

## 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.**

## Range of Victim Notification Processes 

**In person**
**By telephone**
**By letter**
**By email**
**Through technology**
**Through agency Web sites**

## 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.**

## 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.**

## 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.**

## 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.**

## 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.**

## 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.**

## 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.**

## 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.  **

## Injuries Have Costs 

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

## Right to Restitution: Historical/Legal Perspective

**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.**

## Activity

***Documenting Losses for Victim Restitution:  ******Edith and Charles***** **

## Right to Information and Referral 

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

**This right includes the provision of information about:**

## Right To Apply for Compensation 

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

## 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.**

## Who Is Eligible for Compensation? 

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

## 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.**

## 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.  **

## Special Rights and Protections 

**Employer intercession.  **
**Prompt property return.**
**Victim’s right to privacy: **
**Protection of the victim’s contact information.**
**Protection of the victim’s identity.**

## Activity

***What Can I Do?***

## Review of Module 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.**