1.12 Victim Rights and Assistance
The Criminal Justice system refers to a victim as a person who has been directly harmed by a crime that was committed by another person. In some states, victims’ rights apply only to victims of felonies, while other states also grant legal rights to victims of misdemeanors. Some states allow a family member of a homicide victim or the parent or guardian of a minor, incompetent person, or person with a disability to exercise these rights on behalf of the victims (National Center for Victims of Crime, 2021).
The U.S. criminal justice system first introduced services for victims of federal criminal offenses during the 1980s. In the 1990s, it was made law, and Congress created the Victims’ Rights and Restitution Act (1990). The Act requires all federal law enforcement agency officers and employees to make their best efforts to accord victims of crime with the right to:
- Be treated with fairness and respect for the victim’s dignity.
- Be protected from their accused offenders.
- Notification of court proceedings.
- Attend public court proceedings related to the offense under certain conditions.
- Confer with the Government attorney assigned to the case.
- Restitution.
- Information about the conviction, sentencing, imprisonment, and release of the offender.
The Act also directs federal law enforcement agency heads to designate the persons responsible for identifying the victims of a crime and providing certain services to such victims such as:
- Informing them where to receive medical care and counseling.
- Arranging protection from an offender.
- Keeping the victim informed of developments during the investigation and prosecution of the crime and after the trial.
Today, we have introduced various rights and include victim-impact statements. Victim-impact statements give an account by the victim, the victim’s family, or others affected by the offense that expressed the effects of the offense (National Center for Victims of Crime, 2021).
Victim Impact Statements Video: Listen and Learn Exercise
You will watch victim impact statements that were created to help educate people on the impact of various crimes. Warning: It is hard to watch at times and may cause you to feel upset, sad, angry, or more.
- First, watch the YouTube video Victim Impact: Listen and Learn [Streaming Video].
https://www.youtube.com/watch?v=_ghpl4vDZ3s
- Second, write a 500-word response about the benefits of victim-impact statements and the impact the film had on you.
Victim Rights
Today, all states and the federal government have passed laws to establish a set of victims’ rights. The main goal of these laws is to provide victims with certain information and protections. It is important to note that victims’ rights, just like criminal offenses, will depend on the jurisdiction where the crime is investigated and prosecuted. The rights may vary state, federal or tribal government, or military installation (National Center for Victims of Crime, 2021).
Licenses and Attributions for Victim Rights and Assistance
Open Content, Shared Previously
“Victim Rights and Assistance” is adapted from “1.15. Victim Rights and Assistance” by Shanell Sanchez in SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez, licensed under CC BY-NC-SA 4.0. Modified by Sam Arungwa. Revised by Roxie Supplee, licensed CC BY-NC-SA 4.0 with light editing.
All Rights Reserved Content
Figure 1.8. “Victim Impact: Listen and Learn” by PublicResourceOrg is licensed under the Standard YouTube License.
The criminal justice system is a major social institution that is tasked with controlling crime in various ways. It includes police, courts, and the correction system.
One who has suffered direct or threatened physical, financial, or emotional harm as a result of the commission of a crime.
A system of rules enforced through social institutions to govern behavior.
Accounts by the victim, the victim’s family, or others affected by the offense that express the effects of the offense.
The authority of a court to hear and decide a case.