Right to Attend

Introduction

Most jurisdictions give crime victims and their families the right to be present during criminal justice proceedings. This right is important to victims, who often want to see the criminal justice process at work. They may want to hear the counsel’s arguments and view the reactions of the judge, jury, and defendant.

Proceedings Victims May Attend

The victim’s right to attend proceedings generally includes the right to attend the offender’s trial, sentencing, and parole hearing, but may also include other proceedings. Some states provide that victims have the right to attend “those proceedings at which a defendant has the right to be present.”

Exclusion of Witnesses

A victim’s right to attend the trial is often limited in cases where the victim is also a witness in the criminal case. A longstanding rule of evidence provides for the exclusion, or “sequestering,” of witnesses during the trial. This rule was designed to prevent witnesses from being influenced by the testimony of other witnesses in the case. Some jurisdictions require any witness to be excluded at the request of a party, while others leave exclusion to the judge’s discretion. Increasingly, jurisdictions are changing this rule on witnesses to allow victims to remain in the courtroom even when they are witnesses. Others require the court first to rule that the victim’s testimony will likely be influenced by the testimony of other witnesses before ordering the victim to be kept out of the courtroom.

Presence of Support Persons

Crime victims may benefit from having a support person present during proceedings. The supportive presence of a trusted advocate or family member often enables a crime victim to better exercise their right to be present during proceedings. Recognizing this, many states give crime victims the right to have an advocate or support person present during proceedings.

Employment Protection While Attending Proceedings

Most states have adopted laws protecting the employment of victims who participate in court-related activities. Some states only protect victims’ employment when they are subpoenaed to appear in court. Others provide employment protection whenever the victim attends hearings or consults with the prosecutor before the trial. The strongest laws prohibit employers from terminating or penalizing certain victims who miss work due to court appearances, medical appointments, or counseling sessions.