Introduction
Since crime victims are afforded legal rights in every state, they need ways to ensure that those rights are enforced.
Enforcement Mechanisms
A jurisdiction may promote the enforcement of victims’ rights through court proceedings. Victims have “legal standing” in a few jurisdictions to assert their rights. Because a crime victim is not a “party” to the case—that status is limited to the defendant and the prosecuting jurisdiction (such as the state)—legal standing for victims is not automatic; it must be provided by statute or court ruling. In some jurisdictions, the victim does not have standing, but the prosecutor or some other official has the authority to seek court enforcement of the victim’s rights.
Aside from general standing to assert rights, some jurisdictions have other limited court options for enforcement. They may permit a victim to seek a writ of mandamus, a court order directed to an agency to comply with the law, or allow other limited actions.
Several states have created a designated entity to receive, investigate, and attempt to resolve crime victim complaints. In some states, this may be an ombudsman or state victim advocate; in others, it may be a committee or board. Experience in those states shows that most calls from crime victims are resolved by providing information or referrals; however, many go on to the formal complaint and investigation stages. Some states allow the investigatory agency to impose consequences on offending agencies or officials found to have violated a victim’s rights.
Limitations on Enforcement
Many victims’ bills of rights state that violating a right does not create a civil cause of action against any government agency or official. Also, most specifically provide that a defendant cannot raise a failure to provide a right to a victim as a ground for appeal.