Victims’ Rights

10/1
TN crime victims bill of rights (every state is different)
Crime victims have:
- The right to confer with the prosecutor about their case
- The right to be free from harassment, intimidation, and abuse throughout the criminal
justice system
- The right to be at all proceedings where the defendant has the right to be present
- The right to be heard, when relevant, at all critical stages of the criminal justice process
as defined by the General Assembly
- The right to be informed of all proceedings and of the release, transfer, or escape of the
accused or convicted person
- The right to a speedy trial or disposition and a prompt and final conclusion of the case
after the conviction or sentence
- The right to restitution from the offender
- The right to know about each of these rights established for victims

In all states:
- Right to compensation
- Notification of rights
- Notification of court appearances
- Ability to submit victim impact statements

Common to most states:

- Right to protection
- Speedy trial
- Job protection

Notification
- Allows victims to stay up to date or know what is going on with the case
o Arrests, releases, bail, court hearings
- Who is responsible for notifying?
o State level:
 Law enforcement
 Prosecutors
 Correctional systems
 Automated systems
 Mail
 Email
 Phone call
o Federal notification:
 National automated victim notification system
Participation/consultation
- Victim impact statements
o Typically given during sentencing (after conviction)
- Consult victims about plea bargains/bail
o Parole hearings
- Canada
o SA victims who go to a health care center, they have an option to have their rape
kit (swabs) stores while they decide if they want to go to the police
 The 3rd option
 Stored for 1 year

Right to protection
- Most states have this
o No contact/protective orders
o Placed in secure waiting facilities before trials
- Victim privacy
o Minimum info necessary (court records)
- Witness protection programs

Speedy trial
- Judge takes victim into consideration for delays
- Accelerated trial
o Disabled
o Minors
o Elderly

Right to related evidence

- California
o Right to be informed of status of rape kit
o Right to know about DNA matches (true for Texas too)

Issues with Victims rights

- US constitution does not have any victims’ rights
- Concerns that giving victims more rights will over burden the criminal justice system
- Who is responsible for violations of victims’ rights?
o Most states do not have enforcement strategies
o Mot a lot that can be done

Federal level victims’ rights

1. Right to protection
2. Notice of proceedings
3. Heard at public proceedings
4. Confer with the gov attorney
 5. Full and timely restitution
6. Unreasonable delay
7. Fairness, respect, privacy

10/3
Financial remedy for crime victims
Victim compensation
- Money for compensation comes from:
o Fees and fines collected from people who are charges with criminal offenses
o VOCA (victims of crime act) provides more than $730 million annually to states
to assist victims
o VOCA requires states to cover all U.S. citizens victimized within the state’s
borders, regardless of the victim’s residency
 TN citizens are covered in Kentucky, etc.
o VOCA also requires that states provide mental health counseling and that victims
of domestic violence and drunk driving be covered
- Only victims of rape, assault, child sexual abuse, drunk driving, domestic violence, and
homicide are eligible
o Must report victimization promptly to law enforcement; usually within 72 hours
of the victimization unless “good cause” can be shown, such as being a child,
incarcerated, or otherwise incapacitated
o Must cooperate with law enforcement and prosecutors in the investigation and
prosecution of the case
o Must submit application for compensation that includes evidence of expenses
within a specified tie, generally 1 year from the date of the crime
o Must show that costs have not been compensated by other sources such as
insurance or other programs
o Must not have participated in criminal conduct tor significant misconduct that
caused or contributed to the victimization

What is covered?
- Medical care costs, mental health treatment costs, and lost wages
o Covered across the board (by every state)
o Some programs have expanded coverage to include crime scene clean-up,
transportation costs to receive treatment, moving expenses, housekeeping costs,
and child-care costs
o Replacement of eyeglasses or corrective lenses, dental care, prosthetic devices,
and forensic sexual assault exams
o Property damage and loss are not compensable expenses
- About ¼ of claims are denied

Restitution
- Money paid by the offender to the victim
 o Made by court order as a part of their sentence
o Cannot be ordered to cover costs associated with pain and suffering; it is limited
to tangible and documentable expenses (in criminal court)
o How is worth determined?
 Victim believes item is priceless, but really it is only worth $100 (ex:
family heirloom)
o Many offenders lack the funds, so restitution may never be fully met
 Payment as a condition of probation (failure to pay results in violation of
probation, which results in more prison time)
 Ability to pay (what is the offender’s ability to pay back the victim)
 Civil judgement
 Assets and social security

Civil Litigation
- To seek closure for uncompensated costs, victims may pursue civil litigation against the
offender
- There are some key advantages afforded to a plaintiff in a civil suit
o That person is a party to the lawsuit and is allowed to make key decisions
regarding whether to accept a settlement
o Can seek money for both physical and emotional harm
o Burden of proof is lower
o The likelihood of the victim actually receiving the money awarded is tied to the
offender being identified and the offender’s ability to pay
o The costs of entering into a civil lawsuit must be done by the victim