The Judicial Process
In all of my years as an Advocate for Victims, I have learned that an intimidation factor of the Judicial Process is highest on the list of complaints that I have heard. So let's start here.
As a victim of crime you have the right to confer with your Prosecutor/District Attorney. Honesty, respect and knowledge are the keys to achieving Justice. Never hold back on asking any question.
You want Justice served against the person who committed the crime. How do we get there?
(This is the first step of a series, 'Being your own best Advocate for Justice')
As a victim of crime you have the right to confer with your Prosecutor/District Attorney. Honesty, respect and knowledge are the keys to achieving Justice. Never hold back on asking any question.
You want Justice served against the person who committed the crime. How do we get there?
(This is the first step of a series, 'Being your own best Advocate for Justice')
Crime Victims' Rights Act
18 United States Congress § 3771.
Crime victims' rights
(a) RIGHTS OF CRIME VICTIMS.--A crime victim has the following rights:
(1) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate, and timely notice of any public court proceeding,
any parole proceeding, involving the crime or of any release or escape of the accused.
(3) The right not to be excluded from any such public court proceeding, unless the court,
after receiving clear and convincing evidence, determines that testimony by the victim
would be materially altered if the victim heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court involving
release, plea, sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and
privacy.
Right to Attend and Participate in Criminal Justice Proceedings
Victim's have the right to attend proceedings includes, the right to attend the trial, sentencing, and parole hearing of the offender. , Victims have the right to make an oral or written statement, at sentencing or a parole hearing, concerning the impact that the crime has had on their lives. Victims are increasingly being given the right to attend and address the court at other critical proceedings in the criminal justice process, such as:
Hearings on bail or pre-trial release of the offender
Entry of plea agreements;
Post-trial relief or release hearings;
Probation hearings;
Change of security status hearings (i.e., transfer of the offender from maximum to minimum
security facilities, home detention, or escape); and
Commutation or pardon hearings.
If you feel your Rights under this Act have been Violated
http://www.justice.gov/usao/eousa/vr/forms/ComplaintFormPublic.pdf
A victim of crime
A victim of crime is defined under the Victims of Crime Assistance Act 2009as anyone who has been injured by an act of violence committed against them. An injury can be physical or psychological. A victim of crime is eligible to receive financial assistance from Victim Assistance to help in the recovery from the act of violence.
An act of violence is a crime or a series of related crimes, committed by one or more people.
Types of victim
Under Victim Assist there are three types of victim of crime. They are primary victims, secondary victims and related victims.
Primary victim
A primary victim is a person who is injured as a direct result of an act of violence being committed against them.
Secondary victims
A secondary victim of an act of violence can be a parent secondary victim or a witness secondary victim.
Parent secondary victim
A parent secondary victim is a parent who is injured as a result of an act of violence being committed directly against their child. For example a parent secondary victim may have incurred a psychological injury from the trauma of finding out about the act of violence against their child.
Witness secondary victim
A witness secondary victim is a person who is injured as a direct result of witnessing an act of violence against another person.
Related victims
A related victim is a person who is a close family member, or a dependant, of a primary victim who has died as a direct result of an act of violence being committed against them.
A close family member of a primary victim must have had a genuine personal relationship with the primary victim at the time they died. A close family member of the primary victim is:
18 United States Congress § 3771.
Crime victims' rights
(a) RIGHTS OF CRIME VICTIMS.--A crime victim has the following rights:
(1) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate, and timely notice of any public court proceeding,
any parole proceeding, involving the crime or of any release or escape of the accused.
(3) The right not to be excluded from any such public court proceeding, unless the court,
after receiving clear and convincing evidence, determines that testimony by the victim
would be materially altered if the victim heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court involving
release, plea, sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and
privacy.
Right to Attend and Participate in Criminal Justice Proceedings
Victim's have the right to attend proceedings includes, the right to attend the trial, sentencing, and parole hearing of the offender. , Victims have the right to make an oral or written statement, at sentencing or a parole hearing, concerning the impact that the crime has had on their lives. Victims are increasingly being given the right to attend and address the court at other critical proceedings in the criminal justice process, such as:
Hearings on bail or pre-trial release of the offender
Entry of plea agreements;
Post-trial relief or release hearings;
Probation hearings;
Change of security status hearings (i.e., transfer of the offender from maximum to minimum
security facilities, home detention, or escape); and
Commutation or pardon hearings.
If you feel your Rights under this Act have been Violated
http://www.justice.gov/usao/eousa/vr/forms/ComplaintFormPublic.pdf
A victim of crime
A victim of crime is defined under the Victims of Crime Assistance Act 2009as anyone who has been injured by an act of violence committed against them. An injury can be physical or psychological. A victim of crime is eligible to receive financial assistance from Victim Assistance to help in the recovery from the act of violence.
An act of violence is a crime or a series of related crimes, committed by one or more people.
Types of victim
Under Victim Assist there are three types of victim of crime. They are primary victims, secondary victims and related victims.
Primary victim
A primary victim is a person who is injured as a direct result of an act of violence being committed against them.
Secondary victims
A secondary victim of an act of violence can be a parent secondary victim or a witness secondary victim.
Parent secondary victim
A parent secondary victim is a parent who is injured as a result of an act of violence being committed directly against their child. For example a parent secondary victim may have incurred a psychological injury from the trauma of finding out about the act of violence against their child.
Witness secondary victim
A witness secondary victim is a person who is injured as a direct result of witnessing an act of violence against another person.
Related victims
A related victim is a person who is a close family member, or a dependant, of a primary victim who has died as a direct result of an act of violence being committed against them.
A close family member of a primary victim must have had a genuine personal relationship with the primary victim at the time they died. A close family member of the primary victim is:
- a spouse
- a child
- a parent or step-parent
- a brother, sister, stepbrother or stepsister
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