NCJ Number
94674
Date Published
1983
Length
13 pages
Annotation
A Deputy associate attorney general discusses significant provisions of the Victim and Witness Protection Act passed by Congress in 1982 and the status of their implementation by the Department of Justice (DOJ).
Abstract
An important provision in the act is the requirement that a victim impact statement be included in a presentence report. The DOJ has advised its prosecutors of their obligations regarding such statements and will issue guidelines. The DOJ also has analyzed the obstruction of justice and witness tampering provisions and provided its attorneys with detailed guidelines. The DOJ is working on proposals to ensure that a Federal felon derives no profit from his crime and is finalizing instructions to prosecutors regarding the act's restitution provisions. Restitution for criminal offenses raised many difficult legal and administrative issues, such as how to deal with multiple victims in a major securities fraud and how to impose restitution so as not to encumber the sentencing process. Because restitution from the defendant is unavailable in some cases, other victim compensation schemes have been suggested. The DOJ is studying all proposals from the President's Task Force on Victims of Crime, including a plan for a Federal victim compensation program. The act requires the Attorney General to issue guidelines on the the fair treatment of victims and witnesses in the Federal courts. These guidelines are now undergoing a final review and should be issued in July. They will incorporate victim assistance concepts of the act along with many recommendations from the Task Force. Specifically, they will address informing victims of services available and progress of cases, impact statements, victim involvement in all judicial processes, and training criminal justice personnel.