Daigle_Victimology2e_Ch06.pptxVictims’ Rights and Remedies
Chapter 6
1
Victims’ Rights
Once essentially ignored by the criminal justice system and the law, victims are now granted a range of rights
The first such law that guaranteed victims’ rights and protections was passed in Wisconsin in 1979; now, every state has at least some form of victims’ rights legislation
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
2
2
Common Victims’ Rights Given by State
Slightly less than half of U.S. states give all victims rights
In all states, the right to compensation, notification of rights, notification of court appearances, and ability to submit victim impact statements before sentencing are granted to at least some victim classes
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
3
Notification
The right to notification allows victims to stay apprised of events in their cases
In some jurisdictions, victims have the right to be notified when their offender is arrested and released from custody after arrest, such as on bail
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
4
Participation and Consultation
One of the overarching goals of the victims’ rights movement was to increase participation and consultation by victims in all stages of the criminal justice system
Another way victims may participate is by consulting with judges and/or prosecutors before
Any plea bargains are offered
Bail is set
Consultation may also occur before an offender is paroled or sentenced
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
5
Right to Protection
Victims may also need protection as they navigate the criminal justice process
Victims may be fearful of the offender and the offender’s friends and family
Participation in the criminal justice system may, in fact, endanger victims
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
6
Right to a Speedy Trial
This right given to victims ensures that the judge considers the victim’s interests when ruling on motions for continuance
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
7
Rights Related to Evidence
Crime victims have the right to have any of their property that has been taken as evidence returned to them
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
8
Issues With Victims’ Rights
Many states do not have specific enforcement strategies in place in their victims’ rights legislation
For victims, although they are given rights on paper, there is little they can do if their rights are not protected
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
9
Federal Law
The first such piece of legislation passed was the Federal Victim Witness Protection Act (1982)
This act mandated that the attorney general develop and implement guidelines that outlined for officials how to respond to victims and witnesses.
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
10
Victim Compensation
One way victims can receive financial compensation for their economic losses is through state-run victim compensation programs
It also required that states provide mental health counseling and that victims of domestic violence as well as drunk driving be covered
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
11
Restitution
Restitution is money paid by the offender to the victim
Restitution is made by court order as part of a sentence--the judge orders the offender to pay the victim money to compensate for expenses
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
12
Civil Litigation
Victims may pursue civil litigation against the offender
Persons can seek money for emotional as well as physical harm
Liability must be proved by a fair preponderance of the evidence, not beyond a reasonable doubt, which is the standard of proof in the criminal justice system
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
13
Victim Impact Statements
Victim impact statement (VIS) can be submitted by direct victims and by those who are indirectly impacted by crime, such as family members
Not all victims utilize the right to make a VIS
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
14
Victim/Witness Assistance Programs
Victim/witness assistance programs (VWAPs) provide victims with assistance as they navigate the criminal justice system
These programs are designed to ensure that victims know their rights and have the resources necessary to exercise these rights
At their heart, however, is a goal to increase victim and witness participation in the criminal justice process
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
15
Family Justice Centers
Because crime victims often need a variety of services, family justice centers are designed to provide many services in “one stop”
These centers often provide counseling, advocacy, legal services, health care, financial services, housing assistance, employment referrals, and other services
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
16
Restorative Justice
The restorative justice movement was an outgrowth of the attention given to the need for victims’ rights and also the pushback from adoption of a crime-control model exclusively focused on punishment
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
17
Restorative Justice
Family or community group conferencing: the victim, offender, family, friends, and supporters of both the victim and offender collectively address the aftermath of the crime, with the victim addressing how the crime impacted him or her, thus increasing the offender’s awareness of the consequences of the crime
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
18
Victim Impact Panels
In these panels, offenders are sentenced to attend a session where victims, family members, and loved ones discuss the effects that the DUI have on them
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
19
Victim Impact Panels
Attending the victim impact panel reduced the likelihood of rearrest at a 12-month follow-up
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
20
