NCJ Number
225154
Date Published
December 2008
Length
149 pages
Annotation
This report presents an evaluation on the effect and effectiveness of the implementation of the Crime Victims' Rights Act (CVRA) on the treatment of crime victims in the Federal system.
Abstract
To ensure that the victim complaint process and victims' ability to assert their rights in Federal court are effective methods for enforcing victims' rights, as Congress intended, victims must be made aware of these mechanisms. It is also important that the complaint investigation process is structured to ensure that complaint investigators are independent, in order to remain impartial and maintain the investigation is unbiased. To help ensure that the victim complaint process and victims' ability to file motions and petitions regarding their rights are effective methods for ensuring adherence with the provisions of the CVRA, the United States Government Accounting Office (GAO) recommends that the U.S. Department of Justice (DOJ): (1) increase victims' awareness of CVRA enforcement mechanisms, (2) provide for a more impartial complaint investigation process, (3) identify performance measures, (4) standardize reporting of compliance information, and (5) insert responsibilities for victims' rights into work plans and performance appraisals. On October 30, 2004, the Crime Victims' Rights Act (CVRA) was enacted, establishing eight rights for Federal crime victims and two mechanisms to enforce those rights. The legislation also directed the GAO to evaluate the implementation of the CVRA. This report addresses this mandate with the GAO reviewing (1) efforts made to implement the CVRA, (2) mechanisms in place to ensure adherence to the CVRA, (3) methods the DOJ uses to monitor performance regarding the provision of CVRA rights, and (4) key issues that have arisen in the interpretation of the CVRA by the Federal courts. To conduct this analysis, the GAO reviewed guidance materials, victim complaints, and court rulings, and conducted surveys and interviews with criminal justice system participants. Tables, figures, and appendixes 1-7