CRI 304 Chapter Notes - Chapter 6: Restorative Justice, Endangerment
Sophie Guss
CRI 304: Victimology—Dr. Bryan
Ch 6--- Victims Rights
⎯ Once essentially ignored by the cjs and the law, victims are now granted a
range of rights
⎯ The first law that guaranteed victims rights and protections was passed in
Wisconsin, and now every state has some law (less than half are given ALL
laws)
⎯ The Right to Notification allows victims to stay apprised of events in their cases…
in some jurisdictions they are notified when offender is arrested/released/bail…
notification of rights/court appearances
⎯ One of the goals of the victims’ rights movement was to increase Participation
and Consultation by victims in all stages of the cjs… victims participate by
consulting with judges/prosecutors before pleas are offered, bail is set, or
parole/sentencing
⎯ Victims need Right to Protection as they navigate the cjs… may be fearful of
the offender… participation in the cjs process may endanger victims
⎯ Right to a Speedy Trial ensures that the judge considers the victim’s interests
when ruling on motions for continuance
⎯ Crime victims have the right to have their property that has been taken
returned to them…must go to court for this
⎯ 1st legislation passed was Federal Victim Witness Protection Act (1982)—
mandated mandated that the attorney general develop and implement
guidelines that outlined for officials how to respond to victims and witnesses
⎯ Victim Compensation Programs help victims receive financial compensation
for their economic losses… provides mental health counseling
⎯ Restitution: money paid by the offender to the victim…may be court ordered
⎯ Civil Litigation—victim can seek money for emotional/physical harm…liability
must be proved by preponderance of evidence
⎯ Victim Impact Statement (VIS) can be submitted by direct victims and by those
who are indirectly impacted by crime… not all victims utilize this… are some
victims more important than other victims?
⎯ Victim/Witness Assistance Programs (VWAPs) provide victims with assistance as
they navigate the cjs…these programs are designed to ensure that victims
know their rights and have the resources necessary to exercise these rights…
the goal is to increase victim and witness participation in the cjs process… help
victims to testify
⎯ Family Justice Centers are designed to provide many services in one stop…
provide counseling, advocacy, legal services, heath care, financial assistance,
housing, employment
⎯ Restorative Justice Movement was an outgrowth of the attention given to the
victims’ rights … includes family/community group conferences
⎯ Victim impact Panels—linked to a reduction in recidivism… offender sentenced
to attend a session to see the effects of their crime
Document Summary
Once essentially ignored by the cjs and the law, victims are now granted a range of rights. The first law that guaranteed victims rights and protections was passed in. Wisconsin, and now every state has some law (less than half are given all laws) The right to notification allows victims to stay apprised of events in their cases in some jurisdictions they are notified when offender is arrested/released/bail notification of rights/court appearances. One of the goals of the victims" rights movement was to increase participation and consultation by victims in all stages of the cjs victims participate by consulting with judges/prosecutors before pleas are offered, bail is set, or parole/sentencing. Victims need right to protection as they navigate the cjs may be fearful of the offender participation in the cjs process may endanger victims. Right to a speedy trial ensures that the judge considers the victim"s interests when ruling on motions for continuance.
