Introduction
Many jurisdictions give crime victims the right to protection during the criminal justice process. This right may take the form of a generally stated right to protection or include specific protective measures. Most jurisdictions have defined criminal offenses as intimidation of victims or witnesses. Many provide that victims must be informed of available protective procedures.
Protective Measures
Measures to protect crime victims take various forms. Some examples include—
- Police escorts to and from court,
- Secure waiting areas separate from those of the accused and their family, witnesses, and friends during court proceedings,
- Witness protection programs,
- Residence relocation, and
- Denial of bail or imposition of specific conditions of bail release—such as no contact orders—for defendants found to present a danger to the community or to protect the safety of victims and/or witnesses.
Several jurisdictions have also enacted laws to make it easier for victims to participate in the criminal justice process. Some give victims the right to refuse or limit any interviews with defense attorneys. Others provide special court arrangements for vulnerable victims, such as young children. These arrangements may include closed-circuit testimony from outside the courtroom, arranging the courtroom so the victim does not see the defendant, or closing the courtroom to the public.
Employment Protection
Many states also provide a means to protect a victim’s job or economic status during the criminal justice process. This may include requiring the prosecutor’s office to intervene with employers or creditors on request or prohibiting employers from firing or punishing a victim for taking time off to participate in the criminal justice process.