• Many jurisdictions give crime victims the right to protection during the criminal justice process. This right may take the form of a generally stated right to protection, or may include specific protective measures. Most jurisdictions have defined criminal offenses of intimidation of victims or witnesses. Many provide that victims must be informed of protective procedures that are available; and

Protective Measures

Measures to protect crime victims take various forms. Some examples include:

• Police escorts to and from court;
• Secure waiting areas separate from those of the accused and his/her family, witnesses and friends during court proceedings;
• Witness protection programs;
• Residence relocation; and
• Denial of bail or imposition of specific conditions of bail release—such as no contact orders—for defendants found to present a danger to the community or to protect the safety of victims and/or witnesses.

• Several jurisdictions have also enacted laws to make it easier for victims to participate in the criminal justice process. Some give victims the right to refuse or limit any interviews with defense attorneys. Others provide for special court arrangements for vulnerable victims, such as young children. These arrangements may include closed-circuit testimony from outside the courtroom, arranging the courtroom so the victim does not see the defendant, or closing the courtroom to the general public (www.victimlaw.org)

• Most jurisdictions give crime victims and their families the right to be present during criminal justice proceedings. This right is important to victims, who often want to see the criminal justice process at work. They may want to hear counsel’s arguments and view the reactions of the judge, jury, and defendant (www.victimlaw.org).

• One of the most significant rights for crime victims is the right to be heard during critical criminal justice proceedings that affect their interests. Such participation is the primary means by which victims play a proactive role in the criminal justice process. When a crime victim is allowed to speak at the sentencing hearing, or to submit a victim impact statement regarding the impact of the offense on the victim and the victim’s family, there is an acknowledgment by the criminal justice system of the personal nature of the crime and of the harm suffered (www.victimlaw.org).

• Several jurisdictions have adopted laws requiring the prosecutor to obtain the views of the victim before a disposition is final, whether this involves a plea agreement, dismissal of charges, or a pretrial diversion of the defendant. A few jurisdictions require the prosecutor to certify to the court that he or she has consulted the victim before a plea can be accepted (www.victimlaw.org).

• The term “restitution” generally refers to restoration of the harm caused by the defendant, most commonly in the form of payment for damages. It can also refer to the return or repair of property stolen or damaged in the course of the crime.  Courts have the authority to order restitution by convicted offenders as part of their sentences.  In approximately one-third of states, courts are required to order restitution to victims in cases involving certain types of crimes, typically violent felony offenses. In many other states, if the court fails to order restitution, or orders restitution for only part of the victim’s losses, the court must state its reasons for doing so on the record. Payment of restitution is often a condition of probation or parole as well.  Not only can courts order restitution to the direct victim of a crime, they are often able to order restitution to the state victim compensation board, if that board has paid some of the victim’s expenses, or to a victim service agency that provided assistance to the victim (www.victimlaw.org).

• A number of jurisdictions give crime victims the right to “a speedy trial” or “disposition of the case free from unreasonable delay.”  In practical effect, and often in the law, the right to a speedy trial takes the form of a limitation on continuances. “Continuances” are court-ordered delays of court proceedings. Many jurisdictions require that, in ruling on a continuance requested by a party, the court must also consider the impact of the delay on the victim.  In addition, several jurisdictions give priority to certain types of cases. They may require that cases involving children, or vulnerable elderly victims, be given preference in setting the court docket (www.victimlaw.org)

• Crime victim compensation is a government program designed to reimburse victims of violent crime for their out-of-pocket expenses relating to the crime. Surviving or affected family members may also be eligible for limited compensation. Generally, victims apply to the compensation program of the state where they live or where the crime occurred. Compensation can be paid even when no one is arrested or convicted for the crime; and
• Most jurisdictions require that law enforcement or the prosecutors’ office notify crime victims that they may be eligible for crime victim compensation. The law may require that victims be given a written brochure or informed verbally (www.victimlaw.org).

According to (www.victimlaw.org):

• Since crime victims have been afforded legal rights in every state, they also need ways to ensure that those rights are enforced.

Enforcement Mechanisms

• A jurisdiction may promote the enforcement of victims’ rights through court proceedings. In a few jurisdictions, victims have “legal standing” to assert their rights. Because a crime victim is not a “party” to the case—that status is limited to the defendant and the prosecuting jurisdiction (such as the state)—legal standing for victims is not automatic but must be provided by statute or court ruling. In some jurisdictions, the victim does not have standing, but the prosecutor or some other official has the authority to seek court enforcement of the victim’s rights.  Aside from general “standing” to assert rights, some jurisdictions have other limited court options for enforcement. They may permit a victim to seek a writ of mandamus, a court order directed to an agency to comply with the law, or allow other limited actions. Several states have created a designated entity to receive, investigate, and attempt to resolve crime victim complaints. In some states, this may be an ombudsman or state victim advocate; in others, it may be a committee or board. Experience in those states has shown that the majority of calls from crime victims are resolved by providing information or referrals. However, many go on to the formal complaint and investigation stages. Some states also give the investigatory agency the ability to impose consequences on offending agencies or officials found to have violated a victim’s rights.

Limitations on Enforcement

• Many victims’ bills of rights state that violation of a right does not create a civil cause of action against any government agency or official. Also, most specifically provide that a failure to provide a right to a victim cannot be raised by a defendant as a ground for appeal.