According to the Victims’ Rights and Restitution Act of 1990, crime victims should be treated with fairness and respect; be reasonably protected from the accused offender; be present at all public court proceedings related to the offense; confer with the attorney for the government in the case; receive restitution; and be given information about the conviction, sentencing, imprisonment, and release of the offender. The Victims’ Rights Clarification Act of 1997 prevents judges from barring victims of a crime or their survivors from any Federal criminal trial, as long as they are not scheduled to testify during the guilt-or-innocence phases of the proceedings. The duties of the United States Attorney’s Office include providing the victim with general information about the criminal justice process, informing victims of their rights, and providing the victim notice of the status of the investigation. During the investigation of a sexual assault, the government must pay for a physical exam of the victim, up to two confidential tests for sexually transmitted diseases or HIV, and a counseling session regarding the accuracy of the tests and the risks involved. The Attorney General’s Guidelines on Victim and Witness Assistance 1995 directs officials to consult victims of serious crime for their view on pretrial release, plea agreements, charging, sentencing, and restitution and allows victims to make statements to the court at sentencing hearings. The Violent Crime Control and Law Enforcement Act of 1994 creates mandatory restitution for sexual abuse, sexual exploitation and other abuses of children, domestic violence, and telemarketing fraud. The Crime Control Act of 1990 provides child victims and witnesses with consultation with a multidisciplinary team; an alternative to live, in-court testimony; a competency exam; privacy protection; a closed courtroom; and testimonial aids. The Witness Protection Act allows the Attorney General to relocate and protect witnesses involved in Federal court or State court cases. The Attorney’s Offices may also provide emergency financial and other non-protective assistance for witnesses or potential witnesses for the purpose of reassuring them and enhancing their ability to testify. 21 attachments
Victims' Rights, Witness' Rights and Federal Responsibilities: A Guide to the Law
NCJ Number
195150
Date Published
1997
Length
160 pages
Annotation
This document is a Victim Witness Training manual relating to legal responsibilities to victims and witnesses.
Abstract