Victims’ Rights
Law Enforcement I
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Part 1:
LAWS AFFECTING VICTIMS’ RIGHTS
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Laws Affecting Victims’ Rights
• The Victim and Witness Protection Act of 1982
– Protects and assists victims and witnesses of federal crimes
• Allows for Victim Impact Statements at sentencing including
information about the financial, psychological, or physical harm
suffered by the victim
• Provides restitution for the victims
• Prevents victims or witnesses from being intimidated by
threatening verbal harassment
• Establishes penalties for retaliation against testifying
Voices of Victims: Constitutional Amendment Video
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Laws Affecting Victims’ Rights (continued)
• The Victim and Witness Protection Act of 1982
(continued)
– Protects and assists victims and witnesses of federal
crimes (continued)
• Provides victims with notification of criminal proceedings
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Arrest of accused
Times of court appearances
Release and detention of accused
Victim’s opportunity to address sentencing court
Consultation of victims at proposed dismissals and plea
negotiations
• No disclosure of name and address of witnesses and victims
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Laws Affecting Victims’ Rights (continued)
• The Victims of Crime Act of 1984
– Created federal a victims’ compensation account
funded by fines assessed in federal criminal
convictions
– Established provisions to assist state programs that
compensated victims of crime
– Established a crime victims’ fund collected
through U.S. convictions
– Distributed U.S. funds to the states
2009 NCVRW Theme Video
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Laws Affecting Victims’ Rights (continued)
• The Victims of Crime Act of 1984 (continued)
– Losses not covered
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Stolen or damaged property
Pain and suffering
Crime scene cleanup
Relocation
House payments
Rent
Utilities
Food or clothing costs
Tuition reimbursement
Monetary losses from investment schemes
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Laws Affecting Victims’ Rights (continued)
• The Victims of Crime Act of 1984 (continued)
– Created crime victims’ legal assistance grants
• Director may issue grants to institutions to develop,
establish, and maintain programs for enforcement of
crime victims’ rights to the following entities:
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States
Tribal and local prosecutor’s offices
Law enforcement
Courts
Jails and correctional institutions
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Laws Affecting Victims’ Rights (continued)
• The Victims of Crime Act of 1984 (continued)
– Established crime victims’ rights – the right to
• Be reasonably protected from the accused
• Reasonable, accurate, and timely notice of public proceedings
involving the crime, or any release or escape of the accused
• Not be excluded from any such public proceeding
• Be reasonably heard at any public proceeding involving release,
plea, or sentencing
• Confer with the attorney for the government in the case
• Full and timely restitution as provided by law
• Be free from an unreasonable delay in proceedings
• Be treated with fairness and respect for the victim’s dignity and
privacy
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Laws Affecting Victims’ Rights (continued)
• The Victims’ Rights and Restitution Act of 1990
– Was introduced in a session of Congress, but was not
enacted
– Requires all federal law enforcement agency officers
and employees to make their best efforts to accord
victims of crime with the right to
• Be treated with fairness and respect for the victim's dignity
and privacy
• Be protected from their accused offenders
• Notification of court proceedings
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Laws Affecting Victims’ Rights (continued)
• The Victims’ Rights and Restitution Act of 1990
(continued)
– Requires all federal law enforcement agency officers
and employees to make their best efforts to accord
victims of crime with the right to: (continued)
• Attend public court proceedings related to the offense under
certain conditions
• Confer with the government attorney assigned to the case
• Restitution
• Information about the conviction, sentencing, imprisonment,
and release of the offender
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Laws Affecting Victims’ Rights (continued)
• The Victims’ Rights and Restitution Act of 1990
(continued)
– Directs federal law enforcement agency heads to
designate the persons responsible for identifying the
victims of a crime and providing certain services to
such victims such as
• Informing them where to receive medical care and
counseling
• Arranging protection from an offender
• Keeping the victim informed of developments during the
investigation and prosecution of the crime and after the trial,
such as the arrest of a suspected offender or the escape of a
convicted offender
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Laws Affecting Victims’ Rights (continued)
• The Victims’ Rights and Restitution Act of 1990 (continued)
– Revises federal criminal code provisions regarding orders of
restitution
– Requires federal courts to order convicted criminals to pay
restitution to cover the full amount of the victim's losses without
consideration of the economic circumstances of the offender or
the fact that a victim has received, or is entitled to receive,
compensation with respect to a loss from other sources (currently
orders of restitution are discretionary)
– Authorizes federal courts to order restitution for any person who,
as shown by a preponderance of the evidence, was harmed
physically, emotionally, or pecuniarily by the unlawful conduct
of the defendant during the crime
– Amends the federal bankruptcy code to prevent orders of
restitution from being discharged as a result of bankruptcy
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Laws Affecting Victims’ Rights (continued)
• The Child Victims’ Bill of Rights of 1990 – the right
to
– Have proceedings explained in simple terms
– Have a victim’s advocate present at prosecutorial/ defense
interviews (if the child is a victim of sexual assault, violent
crimes, or child abuse)
– A secure waiting area and a support person during court
– Not have name, address, or photo released to any agency
outside of the criminal justice system
– Allow an advocate to inform the court of the child’s ability
to understand the proceedings
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Laws Affecting Victims’ Rights (continued)
•
The Child Victims’ Bill of Rights of 1990 (continued)
– Allow the advocate to make a recommendation to the prosecutor
about child’s ability to cooperate with the prosecution and the
potential effects of the prosecution upon the child
– Provide information and referrals to agencies to assist the child
and the family in dealing with the emotional impact of the crime
and legal proceedings
– Allow an advocate to be present in court to provide emotional
support to the child during testimony
– Inform the court as to the need to have other supportive persons
present during the child’s testimony
– Allow law enforcement agencies to enlist the services of other
professional staff trained to interview child victims
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Laws Affecting Victims’ Rights (continued)
• The Victim Rights Clarification Act of 1997 (VRCA)
– Clarifies the existing federal law that allows victims to
attend a trial and appear as an impact witness during the
special sentencing phase for capital and noncapital crimes
– The victim cannot be prevented from attending a federal
criminal trial based on the fact that he or she is expected to
testify at the sentencing phase of the trial
– The victims of crimes can include family members of
deceased victims and permits certain family members to be
present during capital trials
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Laws Affecting Victims’ Rights (continued)
• The Crime Victims’ Compensation Act
– Accrues money from the following sources:
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State court costs
Parole fees of $8/month
Donations
Subrogation
Federal Victims of Crime Act grants
Restitution
– Benefits payable up to $50,000 with an additional benefit
of $75,000 for permanent disability
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Laws Affecting Victims’ Rights (continued)
• The Crime Victims’ Compensation Act (continued)
– Eligibility
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Crime occurs in Texas
Victim resides in Texas
Crime must be reported within a reasonable amount of time
Victim must file for benefits within 3 years of the date of the crime
Claim may be reduced/denied if the victim has not cooperated with
the investigation/criminal proceedings
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Part 2:
WITNESS PROTECTION PROGRAM
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Witness Protection Program
• Introduced in 1970 in the Organized Crime Control Act
• Relocation and protection of witness(es) or potential witness(es)
• Protected against intimidation before they testify or criminal
retaliation after they testify
• Relocated and provided with new identities and documents
• Protection provided by U.S. Marshals for security, health, and safety
of the witnesses
• Protection provided for the witnesses and their immediate
dependents
• Testimony against drug traffickers, terrorists, organized crime, and
other major crimes
• Amended by the Comprehensive Crime Control Act of 1984
• Relocated persons can have no contact with persons from their past
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Witness Protection Program (continued)
• U.S. Code Title 18, Part II, Ch 224, Sec 3521 Witness
Relocation and Protection
(http://uscode.house.gov/download/pls/18C224.txt)
– Administered by the Attorney General
– Persons protected
• Provides relocation and protection for the federal and the state
government
• Protects witnesses of organized crime, serious offense of violence
directed at witness in Offenses under CH. 73, and state offenses
similar in nature
• Protection and relocation of the witness and his or her immediate
family, a person otherwise closely associated, or a person who may
be endangered on account of the participation of the witness in the
judicial proceedings
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Witness Protection Program (continued)
• U.S. Code Title 18, Part II, Ch 224, Sec 3521 Witness
Relocation and Protection (continued)
– Provisions
• Suitable documents to enable a person to establish a new identity or
otherwise protect the person
• Housing
• Transportation of household furniture and other personal property
to the new residence
• Payment of basic living expenses
• Employment assistance
• Payment of medical expenses/care
• Job training
• Other service necessary to assist the person in being self-sustaining
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Witness Protection Program (continued)
• U.S. Code Title 18, Part II, Ch 224, Sec 3521
Witness Relocation and Protection (continued)
– Disclosure
• Weigh the danger against the benefit of disclosure before
disclosing the location or identity of the protected person
• With a court order, and without delay, disclosure to officials
includes
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Identity
Location
Criminal records
Fingerprints
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Witness Protection Program (continued)
• U.S. Code Title 18, Part II, Ch 224, Sec 3521
Witness Relocation and Protection (continued)
– Disclosure (continued)
• Request is made because
– The protected person is under investigation or
– Has been arrested/charged with a crime of violence
– Has been arrested/charged with an offense punishable by more
than one year in prison
– Provide the confidential identity/location of the person who is
subject to the regulation requirements as a convicted offender
• Provide the confidential identity/location of the person who
is subject to the regulation requirements as a convicted
offender
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Witness Protection Program (continued)
• Prior to protection, the Attorney General
obtains information to determine the suitability
of the person for the program
– Criminal history
– Psychological evaluation
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Witness Protection Program (continued)
• Prior to protection the Attorney General obtains
information to determine the suitability of the
person for the program (continued)
– Written assessment
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Need for the testimony is weighed against the risk of danger
Alternatives to protection are evaluated
Determine if testimony from other sources can be secured
Determine the importance of the testimony
Weigh whether or not protection would infringe upon the
relationship between a child being relocated and his or her
parents not being protected
• Will not protect if the potential for harm to innocent victims
outweighs the need for a person’s testimony
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Witness Protection Program (continued)
• Prior to program entry a memorandum of responsibilities is
presented to the witness. A memorandum is completed for
each person 18 years of age and older
– The witness must agree to the following:
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To testify and provide information to law enforcement
To commit no crime
To take all of the necessary steps to avoid detection by others
To comply with all reasonable requests of the government providing
the protection
To comply with the legal obligations and the civil judgments
To designate another to be an agent for service of the process
To make a sworn statement of all legal obligations, including child
custody and visitation
To disclose any parole and probation responsibilities
To inform the government of activities and current address
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Witness Protection Program (continued)
• Prior to program entry a memorandum of
responsibilities is presented to the witness. A
memorandum is completed for each person 18
years of age and older (continued)
– The government may provide temporary protection
if the threat of harm is imminent
– The government may terminate the protection for a
breach of the memorandum
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Part 3:
TEXAS LAWS FOR WITNESS PROTECTION
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Texas Laws for Witness Protection
• Address Confidentiality Program (ACP)
– Keeps the address confidential
– Provides a substitute PO Box and free mail forwarding
– Allows the PO Box address to be used for Driver’s
license, voter registration, and school registration
– Agencies that are not required to accept ACP addresses
• Banks
• Credit companies
• Private utilities companies
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Texas Laws for Witness Protection
(continued)
• Eligibility requirements
– Victims of family violence, sexual assault, or
stalking
– A member of the participant’s household
– Must keep the address confidential
– Victim must meet with the advocate to develop a
safety plan
– Must be a Texas resident or a victim that is
relocating to Texas
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Texas Laws for Witness Protection
(continued)
• Application process
– The victim must meet with a local domestic
violence shelter, sexual assault center, law
enforcement agent, or prosecutor to discuss the
safety plan
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Texas Laws for Witness Protection
(continued)
• Application process (continued)
– The safety plan is a checklist used to assess the risk
and to identify the actions that increase safety for the
victims
• The safety plan includes
– Important telephone numbers for law enforcement, help lines, and
community resources
– An outline with specific strategies for avoiding the offender and
for getting help when needed
• Must be renewed every three years
• Must notify the Office of the Attorney General of an address
change 10 days prior to moving
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Texas Laws for Witness Protection
(continued)
• Disclosure of address
– Law Enforcement
– Department of Family Protective Services
– Department of State Health
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Texas Laws for Witness Protection
(continued)
• Cancellation of benefits
– Knowingly makes a false statement on the
application
– Forwarded mail is undeliverable at least four times
– If the name or the true residence address is
changed and notification is not sent 10 days prior
to moving
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Resources
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Victims of Crime – Federal Actions http://www.libraryindex.com/pages/452/Victims-CrimeFEDERAL-ACTIONS.html
Missouri Department of Public Safety www.dps.mo.gov/dir/programs/cvsu/voca.asp
Child Victims Bill of Rights; Kitsap County, Washington
http://www.kitsapgov.com/pros/Child%20Victims%20Bill%20of%20Rights.pdf
National Criminal Justice Reference Service
https://www.ncjrs.gov/ovc_archives/ncvrw/2008/pdf/landmarks.pdf
Alpert Schreyer Trial Attorneys http://www.andrewalpert.com/newsletter-victims-rights.html
The Attorney General of Texas, Crime Victim Services www.oag.state.tx.us/victims
The National Center for Victims of Crime http://www.ncvc.org/ncvc/Main.aspx
H.R. 5368 (101st): Victims’ Rights and Restitution Act of 1990
http://www.govtrack.us/congress/bills/101/hr5368
http://legal-dictionary.thefreedictionary.com/
http://www.prodeathpenalty.com/benetton.htm
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Resources (continued)
PowerPoint Videos
• Voices of Victims: Constitutional Amendment (9:48
minutes)
http://www.youtube.com/watch?v=kYHtRuWCd8A&
feature=related
• 2009 NCVRW Theme (5:40 minutes)
http://www.youtube.com/watch?v=X92HCJSZf6Q
• Witness Protection Program 1 (9:54 minutes)
http://www.youtube.com/watch?v=MYU7TarN5kc&
playnext=1&list=PLFACAC117EF3AD490
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