Victims' Rights and Remedies

Victims’ Rights

  • Victims were once ignored by the criminal justice system and the law, but are now granted a range of rights.

  • Wisconsin passed the first law guaranteeing victims’ rights and protections in 1979.

  • Every state now has some form of victims’ rights legislation.

Common Victims’ Rights Given by State

  • Slightly less than half of U.S. states give all victims rights.

  • In all states, at least some victim classes are granted:

    • The right to compensation

    • Notification of rights

    • Notification of court appearances

    • Ability to submit victim impact statements before sentencing

Notification

  • The right to notification allows victims to stay informed of events in their cases.

  • In some jurisdictions, victims have the right to be notified when their offender is arrested and released from custody (e.g., on bail).

Participation and Consultation

  • A primary goal of the victims’ rights movement is to increase victim participation and consultation in all stages of the criminal justice system.

  • Victims may participate by consulting with judges and/or prosecutors before:

    • Plea bargains are offered

    • Bail is set

    • Consultation may also occur before an offender is paroled or sentenced

Right to Protection

  • Victims may need protection as they navigate the criminal justice process.

  • Victims may fear the offender and their associates.

  • Participation in the criminal justice system may endanger victims.

Right to a Speedy Trial

  • Victims have a right to a speedy trial.

  • This ensures that the judge considers the victim’s interests when ruling on motions for continuance.

Rights Related to Evidence

  • Crime victims have the right to have their property that has been taken as evidence returned to them.

Issues With Victims’ Rights

  • Many states lack specific enforcement strategies in their victims’ rights legislation.

  • Victims may have rights on paper, but little recourse if those rights are not protected.

Federal Law

  • The Federal Victim Witness Protection Act (1982) was the first such legislation.

  • It mandated that the attorney general develop and implement guidelines for officials on how to respond to victims and witnesses.

Victim Compensation

  • Victims can receive financial compensation for economic losses through state-run victim compensation programs.

  • Required states to provide mental health counseling and cover victims of domestic violence and drunk driving.

Restitution

  • Restitution is money paid by the offender to the victim.

  • Restitution is court-ordered as part of a sentence, where the judge orders the offender to pay the victim money for expenses.

Civil Litigation

  • Victims can pursue civil litigation against the offender.

  • Victims can seek money for emotional and physical harm.

  • Liability must be proved by a fair preponderance of the evidence, not beyond a reasonable doubt (the standard in criminal cases).

Victim Impact Statements

  • Victim impact statements (VIS) can be submitted by direct victims and those indirectly impacted by crime, such as family members.

  • Not all victims utilize the right to make a VIS.

Victim/Witness Assistance Programs

  • Victim/witness assistance programs (VWAPs) provide victims with assistance as they navigate the criminal justice system.

  • These programs:

    • Ensure victims know their rights

    • Provide resources to exercise those rights

    • Increase victim and witness participation in the criminal justice process

Family Justice Centers

  • Family justice centers provide multiple services in “one stop”.

  • These centers often provide:

    • Counseling

    • Advocacy

    • Legal services

    • Health care

    • Financial services

    • Housing assistance

    • Employment referrals

    • Other services

Restorative Justice

  • The restorative justice movement grew out of the attention given to victims’ rights and the pushback against a crime-control model focused solely on punishment.

Restorative Justice Practices

  • Family or community group conferencing:

    • The victim, offender, family, friends, and supporters of both the victim and offender address the aftermath of the crime.

    • The victim explains how the crime impacted them, increasing the offender’s awareness of the consequences.

Victim Impact Panels

  • Offenders are sentenced to attend a session where victims, family members, and loved ones discuss the effects of DUI on them.

Effectiveness of Victim Impact Panels

  • Attending the victim impact panel reduced the likelihood of rearrest at a 12-month follow-up.