Introduction
Forty years ago, victims had few legal rights to be informed, present, and heard within the criminal justice system. Victims did not have to be notified of court proceedings or the arrest or release of the defendant. They had no right to attend the trial or other proceedings or make a statement to the court at sentencing or other hearings. Victim assistance programs were virtually non-existent.
Since then, there have been tremendous strides in advancing legal rights and assistance programs for victims of crime. Today, every state, the District of Columbia, and several territories have extensive bodies of statutory codes for fundamental rights and protections for victims of crime. Victims’ rights statutes have significantly influenced how victims are treated within the federal, state, and local criminal justice systems.
The core rights for victims of crime include—
- The right to be treated with fairness, dignity, sensitivity, and respect.
- The right to attend and be present at criminal justice proceedings.
- The right to be heard in the criminal justice process, including the right to confer with the prosecutor and submit a victim impact statement at sentencing, parole, and other similar proceedings.
- The right to be informed of proceedings and events in the criminal justice process, including the release or escape of the offender, legal rights and remedies, available benefits and services, and access to records, referrals, and other information.
- The right to protection from intimidation and harassment.
- The right to privacy.
- The right to apply for crime victim compensation.
- The right to restitution from the offender.
- The right to the expeditious return of personal property seized as evidence whenever possible.
- The right to a speedy trial and other proceedings free from unreasonable delay.
- The right to enforcement of these rights and access to other available remedies.
Victims’ Rights Constitutional Amendments
In addition to statutory victims’ rights, nearly two-thirds of the states have adopted amendments to their state constitutions guaranteeing rights to victims of crime. Including crime victims’ rights in state constitutions increases the strength, permanence, and enforceability of victims’ rights. Some state amendments include a few broadly worded rights, while others provide a long list of rights for victims.
Rights that are guaranteed by a constitution are stronger than rights that are set out only in statutes. Incorporating victims’ rights into constitutions also gives those rights a degree of permanence. Statutes can be changed at any time by the state or federal legislature. In contrast, it is relatively difficult to change the constitution of a state or that of the United States. In most states, a constitutional amendment must be passed by a two-thirds majority in each house of the legislature. Usually, this must be done at least twice, often with a legislative election between votes. Identical language must pass each time. The amendment is then presented to voters in a general election for ratification. Therefore, in most states, the process of adopting a constitutional amendment takes several years. As a result, once crime victims’ rights are incorporated into a state’s constitution, they are likely to remain there indefinitely. In addition, giving victims’ rights constitutional protections generally makes those rights enforceable. If an official or a state agency violates a constitutional right, a court usually has the power to order that official or agency to comply with the constitution.
Although there is no amendment to the U.S. Constitution affording crime victims’ rights, the Crime Victims’ Rights Act (CVRA), enacted as part of the Justice for All Act of 2004, establishes the rights of crime victims in federal criminal justice proceedings, provides mechanisms for victims to enforce those rights, and gives victims and prosecutors standing to assert victims’ rights.
Who May Exercise Victims’ Rights
Exactly who the law considers a “victim” entitled to a particular right is defined by the federal, state, or Tribal code. In some jurisdictions, basic rights are afforded only to victims of felonies, while in others, victims of any violent crime, whether felony or misdemeanor, may exercise such rights. Many jurisdictions also provide rights to victims of serious juvenile offenses and extend victims’ rights to the surviving family members of a homicide victim or the parent, guardian, or other relative of a minor, disabled, or incompetent victim. In some states, a victim’s legal representative or another person designated by the victim may exercise rights on the victim’s behalf.
Along with general rights for crime victims, many jurisdictions have created special rights for certain groups of crime victims with unique needs. These include victims of sexual assault, domestic violence, stalking, or human trafficking, or victims who are elderly, young children, or victims with disabilities.
Your Rights at a Glance
Victims have the right to attend public court proceedings related to the crime, ensuring they can observe the justice process firsthand.
Victims may be eligible to receive financial compensation from the state to help cover expenses resulting from the crime.
Victims have the right to speak during certain stages of the legal process, such as sentencing or parole hearings, to share the impact of the crime on their lives.
Victims are entitled to receive timely and accurate information about the status of the investigation, prosecution, and any court proceedings.
Victims have the right to have their personal information kept confidential to the extent allowed by law, safeguarding them from unnecessary public exposure.
Victims have the right to be reasonably protected from the accused throughout the criminal justice process.
Victims have the right to seek restitution from the offender to cover losses directly resulting from the crime.
Victims are entitled to the prompt return of their property that was held as evidence once it is no longer needed for legal proceedings.
Victims have the right to a timely resolution of the case, minimizing prolonged distress and uncertainty.
Right to Enforcement/Remedies of Victims
Victims have the right to legal avenues for enforcing their rights if they are violated during the criminal justice process.