VICTIM AND WITNESS ASSISTANCE PROGRAMMES:A CONTINUUM OF SERVICES
Marlene A. Young*“Organizing is what you do before you do something so that when you do it, it’s not all mixed up”– Christopher Robin in A.A. Milne’s Winnie the Pooh.
In keeping with this maxim, the National Organization for Victim Assistance (NOVA) began developing
standards for victim service programmes as early as 1980. The process involved site visits to fifty different
programmes that were recommended as excellent by practitioners in the field and represented law
enforcement based programmes, prosecutor based programmes, as well as independent community based
programmes. These site visits resulted in a publication entitled “The Victim Service System: A Guide to
Action”. This was followed by a Delphi study of victim service providers and a series of regional conferencesin which over 1,000 victim service providers were given the opportunity to review and critique the proposed
standards as they were being developed. The initial product was published in 1988. The standards have beenformally revised three times since then.
The purpose of the process was: To promote standards for implementing programmes and for individuals
who work with victims and witnesses in order to better assist them in dealing with emotional trauma,
participating in the criminal justice process, obtaining reparation, and coping with associated problems
caused by the impact of victimization.
It was determined that a programme should seek to ensure that either the programme itself or otheragencies provide nine clusters of services, ranging from crisis intervention, assistance with practicalproblems, counselling and advocacy throughout the process, to the prevention of victimization.
The types of services that should be provided have been divided into nine clusters. Most of the clusters,in turn, are described in terms of the provision of emotional support, direct assistance and information. In
connection with each cluster, a required standard of service is identified. Experience has shown that theseminimum services, where needed in the individual case, are central to the recovery of victims or witnesses.
Additional recommended services are identified. Ideally, a programme should ensure that these services arealso provided.
An individual programme need not necessarily provide the entire continuum of services. If the service
already exists in the community and the victim assistance programme can refer victims or witnesses to it,
the programme should not seek to duplicate its work. If a needed service does not exist, then the
programme should either provide it directly, or help to promote its provision through another agency.
All services should include outreach services and provide information with particular attention paid toproviding multilingual services, services for the disabled, and culturally appropriate services.
While communities should ideally be prepared to assist all victims, based upon resources, the expertiseof the programme staff, existing services institutions, and an analysis of the needs of jurisdiction,
programmes are urged to prioritize the implementation of services and to phase in full service to victims
over a period of time. In setting priorities, programmes are encouraged to use a systematic approach to take
into account the severity of the victimizing event and its impact on the victim. They are also encouraged toensure that prosecution witnesses receive services as needed.

At minimum, services should be available for:•

Victims of sexual assault•

Child victims and their families* President, International Organization for Victim Assistance; President, World Society of Victimology.

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Victims of spouse abuse•

Surviving families of homicide victims•

Victims of severe physical injury•

Prosecution witnesses•

Victims of terrorism

It is recommended that services also be available for:•

Victims of burglary•

Victims of vandalism•

Victims of drug-related crimes•

Victims of gang violence•

Victims of robbery•

Victims of white collar crime•

Victims of hate or bias crimes•

Elderly victims•

Gay or lesbian victims•

Racial or ethnic minority victims•

Disabled victims•

Victims of human trafficking•

Chronically mentally ill victims•

Homeless victims

All programmes should have an ongoing multidisciplinary strategic planning process that identifies gaps
and services through community partnerships and determines the responsibility of each member of thepartnerships to avoid duplication through a referral system.
Ideally, all programme services should be available on a twenty-four hour basis, however, mostprogrammes do not have the resources to do this. Usually through networking communities can sustain
twenty-four hour crisis services either through a telephone hotline, on-scene response, home visits or walkin services. Most programmes can provide ongoing services as well either through direct assistance orappropriate referrals.
The following are the nine clusters of services.

A. Crisis Intervention
Crisis intervention counselling services are seen as absolutely essential to a good victim assistanceprogramme. The importance of this was driven home to me early in my career. I will always remember
Jillean Englethorn. I was in the process of reporting as a volunteer to a hospital one night when I noticed ayoung woman clad only in a paper gown and paper shoes sitting outside the front door of the medical center.

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She had a handful of newspapers on her lap. I walked over and asked her if she was okay – she said she
didn’t know. She had been raped; she had reported it; the sheriff had taken her statement; she had been
examined for evidence; they had taken her clothes; and now she didn’t know how she was going to get
home. She was stunned and in shock. She needed what we have come to know as the elements of basiccrisis intervention. She needed to be provided with physical safety and a sense of emotional security. She
needed a chance to tell her story – not just review the so-called facts of her case. She needed to bereassured that her emotional reactions were valid. And she needed to have someone what to expect next andhelp her figure out how she might begin to cope with problems that faced her.
It is highly recommended that the following additional services be provided as a part of crisis
intervention when appropriate. Death notification services, support for people when it is necessary for themto identify the body of a deceased loved one, notification of the victimization to the immediate family (unlessthe victim does not want them notified) or friends of the victim. In the aftermath of a major tragedy,
communities should be prepared to provide crisis response to all communities directly affected as soon as
possible. This is often complicated because a community’s own crisis responders may be immobilized due tothe nature of the crisis as has been clearly illustrated in the aftermath of Hurricane Katrina on the Gulf
Coast in the United States. So over the years there has been the development not only of community crisis
response programmes but state crisis response programmes. Twenty eight states have state teams that canbe deployed to other states if there is a need.
Other services that should be considered include dependent care, cleanup of the crime scene andemergency repairs, protection through restraining orders, relocation services, property repair. I was struckby the scene of a Korean woman whose husband was murdered by a young man in Washington DC – she waswashing the blood off the door of the convenience store where they had built and worked at a local business.
I said to myself, she should not have to do this – no one should have to do that.

B. Ongoing CounsellingThis should be available to victims whether not there is an investigation of their victimization.
We routinely train victim service providers in post-trauma counselling. Post-trauma counselling involves
education for the victim on the probable course of their reactions; helping the victim focus on their physicalwell-being since health often deteriorates as people try to deal with stress of victimization; and providing
victims with methods of reducing that stress. Many victims cope well even after being exposed to a
traumatic event, but the majority may need some additional care. And some may need mental health therapy
or pastoral counselling. Counsellors should be able to help victims problem-solve for immediate needs andproivide appropriate referrals to mental health professionals, culturally appropriate religious or spiritualneeds, support groups, and legal needs both in the civil and the criminal justice system.

C. Advocacy
Many times victims feel the lack of assistance and understanding by social and criminal justiceinstitutions is more harmful that the victimization itself. They may want to become an advocate forthemselves.
Indeed activism has an important therapeutic role in helping victims get on with their lives. There are
ten reasons why victim activism can be therapeutic for survivors.
•

Focus – When one’s world has been thrown into chaos by trauma, there is a need to restructureorder through focus on specific functional activities.

•

Catharsis – Activism can provide a way to express intensely frightening emotions in a safe andsocially-acceptable way. For instance, anger may be expressed in outrage at laws and a determination
to change them – instead of venting at family members.

•

Relationships – Many victims and survivors lose touch with once-close friends and family. Thosefriends or relations may be afraid of the emotional upheaval in the victim’s life, may not know what
to do or say, or may blame the victim. Victim activism often gives survivors a chance to form new“families” and relationships bound together by trauma and commitment.

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Repetition – A vital part of healing is “telling your stor”. Victim impact panels, legislative testimony,speak-outs, support groups and so forth, all provide opportunity for telling and retelling the story.

•

Self-Esteem – Victimization is often a humiliating, degrading experience. Activism can give victims
tangible evidence of their accomplishments and self-worth.

•

Testimony – Victims not only need to tell their story but to have it validated through the knowledge
that someone listened to and believed the story, and it made a difference.

•

Insight – Activism provides a way to hear from others who have suffered similar traumas as well asfrom people who work in the field. Hearing other people’s experiences can help clarify one’s own
experiences.

•

Integration – An important therapeutic goal for many is to be able to incorporate the story of theirown tragedy into their lives. Activism allows victims to restructure their lives and recognize how
their victimization and survival has altered them forever.

•

Purpose – For many, the impact of crime shatters their sense of meaning and purpose in life. Theirplans are thrown asunder. A person whose life has been centered around her child dies a special kindof death when the child is murdered.
Activism can be the key to developing a sense of triumph over tragedy and providing meaning forboth that woman’s life and her deceased child.

•

Hope – Activism may provide survivors with hope. The nine elements of activism described above
and its positive benefits lead to a re-establishment of hope and a new life for victims and survivors.

Some victims need someone to advocate for them. A programme should be prepared to provide
assistance with victim compensation or private insurance applications. Victims may need intervention on
their behalf with sustaining their credit; maintaining their housing or employment; dealing with medical
institutions (particularly where a forensic examination is involved; a concern about HIV infection exists; orwhere family violence is involved); assistance with relocation or shelter; assistance with dealing with themedia; document replacement and other practical problems.
I remember the case of Mary Jimeniz, a native-Mexican. She was the wife of Robby Smith. She married
him after meeting him while in graduate school in Mexico City. He abused her shortly after their marriage
began. In the attack that precipitated her leaving him, he broke her nose and arm and then cleaned out theirapartment. She had been an immigrant by marriage and held a green card designating her as a resident.
When she called for assistance, she had been in hiding for four weeks because she did not have her green
card and was afraid she would be deported without her two children. She was desperate and did not know
how to speak English well enough to make herself understood without an advocate to translate for her andfind the right person in the immigration department who could help her.

D. Support Services During Criminal Justice Investigation and after Arrest
These services are critical. Law enforcement officers are very often the first contact a victim has withthe criminal justice system and how a victim is treated at this stage can affect the way they feel about theentire criminal justice process. As friend of mine once said, “a law enforcement officer can help to turn avictim into an effective witness”. More and more law enforcement officers are receiving crisis intervention
training and are using crisis intervention as a part of their interviewing processes, and more and more victim
service providers are working alongside law enforcement officers in the initial response. Crisis intervention
services are important at this stage as well as support and accompaniment to occasions for the identificationof the accused, other criminal justice interviews and to forensic examinations. Direct assistance includes
assistance with victim compensation or insurance applications; payment of costs of forensics examinations
and arrangement for bills to be received by the payor not the victim; assistance with requests for victim
restitution; application and enforcement of protection orders; provision of shelters or safe places for victims;
and assistance with prompt return of property when it is recovered.

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The latter can be a struggle. In one famous case, a victim, Betty DeHarsh, tried to retrieve her son’s car
after he had been murdered. He was murdered in the state of Arizona and she lived in Nebraska. He had
been in the Navy and hje had been discharged in order to help care for Betty. It took the intervention of a
Navy Admiral to arrange for the car to be transported to Nebraska.
At all stages of service, information about what is going on is important. It becomes even more importantwhen the criminal justice system is involved. It is recognized as a victim’s right in all 50 states and thefederal government. Information should accurate and expeditiously given. This includes information aboutcase status; the criminal justice process and the victim rights that are applicable throughout the process;information on the detention of the suspect, bail, bond, measures to assure reparation; protection ofevidence in a forensic examination; and information about available protection and prevention programmes.
It may also include information on restorative community justice programmes.

E. Support Services During Prosecution
Some programmes provide crisis intervention services in the initial contact with victims but do nothavethem available at later stages. Yet, personal support from a trained crisis intervenor is not only critical at allstages, it is useful to the actual prosecution of a case. So it is recommended that such services be available
through all proceedings including hearings, interviews and trial. The importance was underscored me when
I accompanied a man, Jack Russell, whose sister had been murdered to the sentencing hearing in which hewould provide a victim impact statement. When the murderer was brought into the courtroom, he seemedpalpably evil. I shivered with fear and trepidation, even though I wasn’t going to be given statement andthere were law enforcement officers in the room. As we stood to acknowledge the judge, I felt, Jack reachover and take my hand. He was shaking too.
Direct assistance usually includes coordination of victim appearances at hearings, interviews, and trial
with the goal of minimizing the number of appearances; providing or reimbursing transportation or
arranging, where applicable, for parking; employer, landlord, creditor intercession services;assistance withrestitution requests and enforcement; assistance with victim participation in the criminal justice process(including implementation of all rights for presenting victim information at critical stages in the decisionmaking including input on bail, charging, diversion, dismissals, plea bargains, continuances and sentencing);
and provision of safe places for victims separate from the accused or defense witnesses when they areattending hearings or interview. Many programmes also offer appropriate clothing to the victim if necessary-- some even have clothing closets so victims can pick styles and sizes. Other programme enhancements
may include: actual transportation is provided for persons, particularly those with disabilities, the elderly,
and the infirm; full restitution requests are made routinely by the prosecutor; all victims are provided
assistance in preparing a victim impact statement for use at plea bargains and at sentencing; and rehearsals
and court room walk-throughs are available to all victims.
Again, information is to victims. Information on victim rights should be reiterated. Many victims are notfully capable of understanding their rights when they first are told because they are in a crisis situation.
They need Information on responsibilities of all criminal justice personnel, and what sanctions are available
if these responsibilities are not met. They need information on the progress of the prosecution and the trial
as well as what is expected of them in the criminal justice process at each stage of the proceedings. Most
victim and witness programmes have a call-in system to provide current case status information and some ofthem provide proactive contacts with victims and witnesses, if requested.

F. Support Services after Case Disposition
Programmes routinely provide of personal support and accompaniment during all appeals or motions for
retrials; probation revocation, parole or clemency hearings. Some programmes work with corrections
departments to provide alternative ways for victims to testify at hearings. One innovation that emerged
during the eighties was the use of video recordings as a vehicle for testifying. One of the first cases involved
Betty Jane Spencer whose four boys were killed in her home. She also was shot but survived. The young
men who murdered her boys were caught and sentenced to life. But, after they spent ten years in prison,
they began to exercise their right to appeal for clemency – they could do so every year for the rest of theirlife. She found it onerous to go back in to a courtroom to testify over and over again, so she asked for andreceived permission to give her testimony by video.

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Some programmes provide personal support during civil legal proceedings. Others offer support andassistance with participaton in restorative community justice programmes or victim-offender intervention
services, upon request of victims.

Restitution issues are a primary concern after case disposition. Programmes may work with otheragencies to ensure enforcement of restitution orders through monitoring restitution payments.
Programmes may also work with the prosecutor or the probation department to get prompt revocation ofprobation when restitution payments are not made or when other violations of probation occur.
Most information needs are provided by corrections or probation programmes. Some departments havetheir own victim service programmes that also work with local programmes. Upon request, information
should be available about the offender’s status, release or escape. One enhancement in this area is to provide
victims with information on where the offender will be released and a picture of the offender at the time ofrelease in case the offender’s appearance has changed. Victims should be given information and notificationof parole hearings. Some programmes try to proactively notify victims if they become aware of current
media events that may retraumatize victims.
The following three service clusters focus on education and training standards.

G. Training Services for Allied Professionals
Programmes are strongly encouraged to establish interdisciplinary task forces for the promotion ofmultidisciplinary approaches to victim assistance. Most programmes have a training component for at least
law enforcement professionals and some actively train prosecutors. Training for judges is less welldeveloped, but some states such as California have a mandatory continuing education programme for theirjudges and it includes a victim component. Education of other professional groups that work directly withvictims such as school personnel, the health and mental health professions, the legal profession, spiritualleaders, and the media is also encouraged. Design and implementation of preparatory educational
programmes on victim issues for students of those professions as well as training and education programmes
for active professionals. Four publications that have had a large influence in this area are: the final report of
the President’s Task Force on Victims of Crime, U.S. Department of Justice, 1982; Frontiers andFundamentals, Marlene A. Young, National Organization for Victim Assistance, 1994, New Directions fromthe Field: Victims’ Rights and Services for the 21st Century, U.S. Department of Justice, 1997, and The
Community Crisis Response Team Training Manual, Marlene A. Young, National Organization for Victim
Assistance, 2002, now in its Third Edition. New Directions from the Field sets out recommendations foreight different professional groups. The recommendations for the four professional groups most relevant for
criminal justice are attached in the appendices. The Community Crisis Response Team Manual has probably
had the most use in training allied professionals in crisis intervention.
H. Public Education Services
Essentially these services address the need for victim service providers to work with the media topromote victim issues. Most programmes have a public education component and annually participate in the
National Crime Victims Rights Week activities which takes place every April.
I. Community Victimization and Substance Abuse Prevention Services
The goal of this service cluster is to integrate victimization and substance abuse prevention activities
into programme plans. It has long been recognized that victimization and substance abuse are closely related
in many situations. But these prevention services have often been left out of victim service programme. In alarge part this is due to the impact of the Victims of Crime Act of 1984 (Pub. L. No. 104-235). It restrict theuse of federal funding under this act to direct victim services and explicitly prohibited the use of such funds
for prevention activities. Goal Five: To promote professional standards for victim service providers.
While not a part of the list of services itemized above, there has been a growing professionalization of thevictim assistance field in the United States. Many programmes now require forty hours of pre-service victim
assistance training and an additional sixteen hours of in-service training.
Most states have victim service programme networks and annual training conferences for theirmembers.

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There is now a national programme of credentialling for victim advocates and a national programme ofcertification for crisis responders.
New Directions from the Field offered these five global challenges to guide the search for victim rights
and services for the 21st century:“To enact and enforce consistent, fundamental rights for crime victims in federal, state, juvenile, military,and tribal justice systems, and administrative proceedings.
“To provide crime victims with access to comprehensive, quality services regardless of the nature of
their victimization, age, race, religion, gender, ethnicity, sexual orientation, capability, or geographic location.
“To integrate crime victims’ issues into all levels of the nation’s educational system to ensure that justice
and allied professionals and other service providers receive comprehensive training on victims’ issues as apart of their academic education and continuing training in the field.
“To support, improve, and replicate promising practices in victims’ rights and services built upon soundresearch, advanced technology, and multidisciplinary partnerships.
“To ensure that the voices of crime victims play a central role in the nation’s response to violence andthose victimized by crime.”
These are ambitious goals. But, I think they have resonance on an international level. Bothinternationally and nationally there has been tremendous progress made over the last thirty-five years, thegoals only remind us how much there is left to do.
“We are in for a very, very long haul. “I am looking for everything you have to give. We will never giveup. You will lose your youth, your sleep, your patience, your sense of humor, and occasionally...theunderstanding and support of people that you love very much.
“In return, I have nothing to offer you but...
“Your Pride in being a Woman, and all your Dreams you’ve ever had for your daughters and nieces, andgranddaughters...
“Your future.
“And the certain Knowledge that at the end of your days, you will be able to look back and say that: Oncein your life, you gave everything you had for justice.
Jill Ruckelshaus, 1977.

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APPENDIX A
From New Directions from the Field

Recommendations from the Field for Law Enforcement
1.

Law enforcement agencies should adopt a community policing philosophy that is both victim andcrime prevention oriented.

2.

Law enforcement agencies should provide a basic level of support to crime victims throughestablishing victim assistance programmes within their agencies and through community
partnerships to ensure that victims have access to emergency services, counselling, financial
assistance, information and referrals, and community programmes.

3.

Law enforcement agencies should establish policies for the provision of fundamental victims’ rights
and services and procedures for their implementation. These policies and procedures should be
disseminated in writing throughout the agency.

4.

Compliance with victims’ rights policies and procedures should be included as a standard in officers’
performance appraisals.

5.

During their initial contact with law enforcement officers, victims of crime should receive verbal andwritten information about victims’ rights and services. Law enforcement personnel should be
required to follow up with victims because many individuals are unable to comprehend assistanceand compensation information in the immediate aftermath of being severely traumatized.

6.

All law enforcement agencies should adopt written policies and procedures and implement training
programmes for conducting sensitive and culturally appropriate death notification.

7.

State, federal, military and tribal law enforcement agencies must implement victims’ rights laws andensure that victims are regularly notified of the status of the investigation, including arrests, pretrial
release of suspects, and case closings.

8.

Law enforcement should place a high priority on protecting victims and witnesses from intimidationand physical harm after they report a crime. Law enforcement agencies that operate jails or any
custody facilities should, upon request of the victim, immediately notify the victim of a defendant’s
pre-trial release.

9.

All law enforcement personnel, from dispatchers through management, should receive initial andongoing training about the impact of crime and how to respond sensitively and effectively to victims.

10. Police departments should develop specialized responses for family members of officers killed in theline of duty and protocols for responding to injured officers.
11. Law enforcement agencies should establish special protocols to ensure victim participation andconfidence in the system when an officer is accused of a criminal offence.
12. Procedures for the swift return of property to victims and witnesses should be developed at thefederal, state, and local levels to serve as models for law enforcement agencies nationwide.
Emergency funds should be made available to victims to replace essential items. Laws providing
victims the right to have their property returned within a reasonable period of time should beenacted in all states and on the federal level.

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APPENDIX B
From New Directions from the Field

Recommendations for Prosecutors
1.

Prosecutors’ offices should notify victims in a timely manner of the date, time, and location of thefollowing: charging of defendant, pre-trial hearings, plea negotiatons, the trial, all schedule changes,
and the sentencing hearing. Timely notification, orally or in writing, of advanced scheduling should
be provided in relevant languages. Statutes should require prosecutors to verify notifications with
documentation in case files or through another mechanism.

2.

Prosecutors should establish victim-witness assistance units to ensure that victims of crime receiveat least a basic level of service, including information, notification, consultation, and participation.
Prosecutors’ offices should develop and incorporate into performance evaluations written definitionsof the roles and responsibilities of prosecuting attorneys, victim-witness professionals, and otherrelevant staff and volunteers.

3.

Prosecutors should use the full range of measures at their disposal to ensure that victims andwitnesses are protected from intimidation and harassment. These measures include ensuring thatvictims are informed about safety precautions, advising the court of victims’ fears and concerns
about safety prior to any bail or bond proceedings, automatically requesting no-contact orders andenforcing them if violated, and utilizing witness relocation programmes and technology to help
protect victims.

4.

Prosecutors should address criminal and juvenile justice problems that afflict their communities by
exploring the establishment of community prosecution programmes as an adjunct to traditional
prosecution.
Prosecutors should recognize the important role that they can play in reducing crime and should use
the authority of their office to support effective crime prevention strategies tailored to the culturesand language needs of their communities.

5.

Prosecutors should play a central role in establishing multidisciplinary efforts to respond to crime.

6.

Prosecutors should advocate for the rights of victims to have their views heard by judges on baildecisions, continuances, plea-bargains, dismissals, sentencing, and restitution. Policies andprocedures should be put in place in all prosecutors’ offices to ensure that victims are informed in atimely manner of these crucial rights in forms of communication they understand.

7.

Prosecutors should make every effort, if the victim has provided a current address or telephone
number, to consult with the victim on the terms of any negotiated plea, including the acceptance of aplea of guilty or nolo contendere.

8.

In all cases, particularly those involving sexual assault, the prosecuting attorney should confer withthe victim or survivors before deciding not to file charges, or before deciding to seek dismissal of
charges already filed.

9.

Prosecutors should establish policies to “fast track” the prosecution of sexual assault, domestic
violence, elderly and child abuse, and other particularly sensitive cases to shorten the length of timefrom arrest to disposition. Prosecutors should encourage judges to give top priority to these cases on
the trial docket and should try to ensure that the case goes to trial when initially scheduled.

10. Prosecutors’ offices should use technology to enhance the implementation of victims’ rights.
11. Prosecutors should adopt vertical prosecution for domestic violence, sexual assault, and child abusecases.
12. Prosecutors should work closely with victim service providers as well as victims of domestic
violence to establish appropriate prosecution policies and support research to assess theeffectiveness of proceeding without victim testimony in domestic violence cases.
13. Victims’ rights and sensitivity education should be provided to all law students as part of their basic
education in law school and to all prosecutors during their initial orientation and throughout theircareers.
14. Prosecutors’ offices should establish procedures to ensure the prompt return of victims’ property,
absent the need for it as actual evidence in court.

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APPENDIX C
From New Directions from the Field

Recommendations for the Judiciary1.

The voices and concerns of crime victims should be recognized and institutionalized with the justicesystem. Judges should advise victims of their rights as routinely as they advise defendants of theirrights.

2.

Judges and all court personnel at all levels of the court system must receive initial and continuing
education on the law concerning victims’ rights, the impact of crime on victims and their families,
and how the judiciary can implement the spirit as well as the letter of these rights. This educationmust include training on the special needs of some victim populations such as victims withdisabilities and non-English speaking individuals.

3.

Judges should facilitate the rights of crime victims and their families to be present at court
proceedings unless the defendant proves that their presence would interfere with the defendant’s
right to a fair trial.

4.

Judges should consider victim and community safety in any pre-release or post-release decision. As
part of any pre-trial release order, including bail, bond, or personal recognizance, judges should
include a “no-contact” provision stating that the accused or defendant shall not harass, intimidate,threaten, or commit physical violence against the victim or victim’s family.

5.

Before imposing a sentence, judges should permit the victim, the victim’s representative, or, whenappropriate, representatives of the community to present a victim impact statement.

6.

Judges should facilitate the input of crime victims into plea agreements and resulting sentences, andthey should request that prosecuting attorneys demonstrate that reasonable efforts were made toconfer with the victim.

7.

As leaders within the justice system, judges must ensure that victims’ rights legislation is fully
implemented.

8.

Judges should play a leadership role in ensuring that police, prosecutors, defence counsel, judges,
and court administrators receive joint training so that all have a comprehensive picture of what
happens to a victim as he or she navigates through the criminal justice system.

9.

Judges have a responsibility to manage their cases and calendars to make victim involvement as
feasible as possible. Modern technology should be used to give victims greater access to the justicesystem and should include multilingual services at no cost to victims.

10. Judges should order restitution from offenders to help compensate victims for the harm they havesuffered. If extraordinary and compelling reasons make restitution impractical or inappropriate,judges should explain in writing and on the record why they did not order it.
11. Judges should play a leadership role in ensuring that separate and secure waiting areas are available
in all courthouses for prosecution and defence witness to minimize the contact of victims with
defendants, their relatives, and friends before, during, and immediately after court proceedings.
12. Codes of Judicial Conduct should be amended to reflect the fact that crime victims play a pivotal rolein the criminal justice system.
13. Judicial assignments to specialized courts or family law or juvenile courts should be based on
experience and interest, not on lack of seniority or punishment.
14. Judges must take a leadership role in conceptualizing and advocating that the justice system
encompass not only traditional adjudication and punishment but also holistic problem solving andtreatment for victims as well as offenders. Principles of restorative community justice andtherapeutic jurisprudence should be incorporated into court systems with due regard for differing
cultures and ethnic groups.

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APPENDIX D
From New Directions From the Field

Recommendations for Corrections
1.

Adult and juvenile correctional agencies should open channels of communication with thecommunity and with crime victims. As a first step, every state department of corrections andparoling authority should establish a victim advisory committee that includes victims and service
providers to guide and support victim-related policies, programmes, and services.

2.

Correctional agencies should designate staff to provide information, assistance, and referrals to
victims of crime.

3.

Mission statements guiding adult and juvenile correctional agencies and paroling authorities should
recognize victims as an important constituency and address victims’ rights and services.

4.

Correctional agencies should notify victims, upon their request, of any change in the status ofoffenders, including clemency or pardon, that would allow them to have access to the community or
to the victims themselves.

5.

Correctional agencies should place a high priority on ensuring the protection of victims from inmate
intimidation, threats, or physical or other harm from offenders under their supervision.

6.

Correctional agencies should make information about offender status and victims’ rights accessible
to crime victims through multilingual, toll-free numbers and printed materials.

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