Victim's Basic Rights

Strange and ironical as it may sound, the administration of criminal justice is not much
concerned with the victims of crime except that in a few cases some marginal action is possible to
render limited or token help to the sufferer. The entire focus of the criminal justice system is on the
offender: to punish him or to seek his reformation and rehabilitation with all the resources and
goodwill available through the Efforts
courts
other governmental and non-governmental
and other agencies.
are
ade to understandCOurts
his personality and governmena c
the individual and social factors which might have
i
people in
people in the
the
svste
system'. President Gerald
ehaviour; the victims of the crimes are, on the other hand, 'the forgotten
Congress in 1975: R. Ford sent the following mesa
tOo
rO long, the law has centred its attention
more on the rights of the criminal than on the
Vus Or the
crime. It is high time we ui
and potential victims." reversed this trend and put the highest priority on the
viou
nce about 1981
(the start of Victims Rights Week). there has been numerous legislation,
COerences,
Or
and task forces.
Some so-called victim's rights (such as denial of bail, anti-suppressIon
evidence, and
victim-initiated appeals) clearlv are anti-defendant and
that they undermine cherished
principles that
pro-prosecutor to tie
exG
an accused person is considered innocent until proven
guilty, and that the burden of
Ihe United
proof falls on the state.
National General Assembly in 1985 adopted a declaration. This declaration is
known as "BasicPrinciples of Justice for Victims of Crime and Abuse of Power". The declaration
treated as Magna Carta of Rights of victims globally. This declaration deals with certain
aspects of important
problems of victims of crime including victims of abuse of
power. Some of the important
suggestions discussed in the declaration are as
(a) Victim should be treated with
under
compensation and respect for their dignity. They are entitled to
access to the
mechanisms justice and to
of promote redress,
as provided for by National
Legislation, for the harm they have suffered.
(b) Judicial and Administrative mechanism should be established and
strengthened where necessary
to enable victims to obtain redress
through formal and informal procedures that are expeditious,
fair, inexpensive and accessible. The victims should be informed about their rights in seeking
redress through such mechanisms.
(c) Providing proper assistance to victims through the legal process.
(d) Taking measures to minimise inconvenience to victims, protect their privacy where necessary
and ensure their safety as well as that of their families and witnesses on their behalf, from
intimidation and retaliation.

A Victim's Basic Rights Are:

1. The right to attend and/or participate in criminal justice proceedings.
The victim .can attend the trial, sentencing, and/or the parole. Many states also allow the victim
to make_an oral or written statement to be considered by the court or parole board at such
nroceedinas. Some of you may remember the teleVised statements from families of victims of serial
killer Jeffrey Dahmer. Victims are increasingly being given theright to attend and sometimes addrese
in tne process, such as
the court at other critical proceedings criminal justice
or pre-trial release of the offender:
Hearings on bail
(a)
(b) Entry of plea agreements;
release hearings;
(c) Post-trial relief or
Propation hearings;
(d) Commutation orpardon hearings.
(e)
2. The right to notification of the stages/proceedings in the criminal process.
This may not only include notification to the victim or victim's family of scheduld criminal
proçeedings and their outcomes, but alsoladvance noticetof proceedings where the victim has the
rightto attend and/or make a statement, as well as when hearings have been canceled and rescheduled.
The right to be notified is a crucial one, because without it, victims cannot adequately pursue their
other rights.
3. The right to notification of other legal remedies.
Victims may also have the right to be informed of the option to sue the offender for money

damages in the civil to collect

justice system, fees for their testimony, as well as other
witness
rights.
4. The right to protection from intimidation and harassment.
The right to protection from intimidation and harassment by the offender or the offender's family
or associates may be extended to the victim's family members, as well as the victim. In the event
you receive threats, bribes, or other attempts to persuade or intimidate you into testifying untruthfully,
to forget, or to make yourself unavailable as a witness, report it immediately to the Sheriff's Office.
If you are the victim of domestic violence (violence within the family) or repeat violence (two
incidents), you can file an injunction for protection with appropriate Court. Other kinds of protection
include
Police escorts to and from court;
(i) Secure waiting areas separate from those of the accused and his/her family during court
proceedings;
(ii) Witness stands thatare shielded from the direct view of the offender; especially if the victim
is a child, in which case many courts now allow video taped testimony to be used to protect
the child from the trauma of the courtroom and further exposure to the accused.
(v) Closing the courtroom to those who are not parties to the case; and
()
(Residence relocation.
5. The Right to Notification of Employer and Creditors.
At your request, the State Attorney's Office or Sheriff's Office will inform your employer that

your cooperation in their investigation and prosecution of the case may necessitate your absence
from work. At your request, they can also contact your creditors to seek their consideration if you

to continue payments as a result of the crime. Credit card companies are

are unable, temporarily,
usually willing to suspend interest and payments if notified of the situation by an authority.

6. The right confidentiality of records.

to
Unlike many other criminal cases, police and courtrecords are not public record if they inyolve
are usually only available
a juvenile or if the case deals with sexual assault or rape. These records
to the attorneys and parties to the case.

7. The right to speedy trial provisions.

Usually, this Constitutional right is used as a.tactic by defense attorneys to rush the prosecution
a victim,
to court before they have all their ducks in a proverbial row. But it's a two-edged sword. As
YOU have the right to a speedy trial also.
offender.
8. The right to prompt return of the victim's personal property seized as evidence from the
This can include photos, clothing, recordings, letters etc.