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FAQ's - Rights of Crime
Victims
Many aspects
of criminal law focus on the rights of the criminal.
However, recent attention has been focused on the
rights of the victims of crimes, who often suffer
great emotional, if not physical, injuries at the
hands of the criminal. All fifty states and the
federal government now have laws that protect
victims. In many states, a victim is considered to
be the person who directly suffers the effects of
the crimes (such as the person who is murdered) and
immediate family members who suffer the secondary
effects of the crime (such as the loss of a loved
one). If you have been a victim of a crime, you
should know the major rights that you may have.
- You
have the right to seek a criminal complaint
against the criminal. As soon as you can, you
should contact your local law enforcement agency
and report the crime to them. After the police
investigate the matter, they may choose to
arrest the individual. A prosecutor will then
determine what crimes should be charged.
- You
have the right to ask for issuance of a criminal
complaint if the police decide not to arrest the
alleged criminal. You can usually file an
application for such a complaint with the court
in the place where the crime occurred. If the
court, after an investigation, decides not to
file the complaint, you can appeal that
decision.
- You
have the right to testify in a probable cause
hearing to determine if a criminal complaint
should be transferred to another court to be
heard. In a probable cause hearing, you will be
required to answer questions posed by both the
prosecutor and the defendant's attorney.
- You may
be called as a witness at trial. If so, you will
be required to testify under oath concerning the
crime and will be asked questions by both the
prosecutor and the defendant's attorney. You
have the right to be present in the courtroom
during the trial of the defendant.
- If the
defendant is found guilty, you have the right to
address the court and jury either in person or
through a writing to describe the impact the
crime has had upon you and your family. You will
be allowed to make an "impact statement"
regarding what punishment you feel would be
appropriate for the defendant. Your victim
impact statement is important. It will be used
prior to the sentencing phase, and it may be
reviewed on appeal. It will also be referenced
in any later parole hearings.
- You may
have rights in some states to receive victim
services and protections. These rights may
include the right to the assistance of a
victim's rights worker, personal security and
protection services, crisis counseling,
emergency transportation services, assistance in
the return of recovered personal property, and
other rights.
- You
have the right, before, during, and after a
trial, to be free from harassment about the
case. If you feel that you are being harassed,
tell the prosecutor or check to see whether the
court has a victim witness representative to
help you.
- In many
states, you have the right to be notified if the
defendant is going to be released. You may also
have the right to be notified if the defendant
escapes from prison or jail.
- You
have the right to access to the courts to file a
lawsuit if your rights and protections as a
victim are not respected.
Disclaimer
This
publication and the information included in it are
not intended to serve as a substitute for
consultation with an attorney. Specific legal
issues, concerns and conditions always require the
advice of appropriate legal professionals.
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