Victims’ Rights Law Enforcement I - PowerPoint Presentation

Victims’ Rights Law Enforcement I

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Laws Affecting Victims’ Rights Part 1: 3

Laws Affecting Victims’ Rights The Victim and Witness Protection Act of 1982 Protects and assists victims and witnesses of federal crimesAllows for Victim Impact Statements at sentencing including information about the financial, psychological, or physical harm suffered by the victimProvides restitution for the victimsPrevents victims or witnesses from being intimidated by threatening verbal harassmentEstablishes penalties for retaliation against testifyingVoices of Victims: Constitutional Amendment Video4

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 proceedingsArrest of accusedTimes of court appearancesRelease and detention of accusedVictim’s opportunity to address sentencing courtConsultation of victims at proposed dismissals and plea negotiationsNo disclosure of name and address of witnesses and victims5

Laws Affecting Victims’ Rights (continued )The Victims of Crime Act of 1984Created federal a victims’ compensation account funded by fines assessed in federal criminal convictions Established provisions to assist state programs that compensated victims of crimeEstablished a crime victims’ fund collected through U.S. convictionsDistributed U.S. funds to the states2009 NCVRW Theme Video6

Laws Affecting Victims’ Rights (continued )The Victims of Crime Act of 1984 (continued)Losses not coveredStolen or damaged propertyPain and sufferingCrime scene cleanupRelocationHouse paymentsRentUtilitiesFood or clothing costsTuition reimbursementMonetary losses from investment schemes 7

Laws Affecting Victims’ Rights (continued )The Victims of Crime Act of 1984 (continued) Created crime victims’ legal assistance grantsDirector may issue grants to institutions to develop, establish, and maintain programs for enforcement of crime victims’ rights to the following entities:StatesTribal and local prosecutor’s officesLaw enforcementCourtsJails and correctional institutions 8

Laws Affecting Victims’ Rights (continued )The Victims of Crime Act of 1984 (continued) Established crime victims’ rights – the right toBe reasonably protected from the accused Reasonable, accurate, and timely notice of public proceedings involving the crime, or any release or escape of the accusedNot be excluded from any such public proceedingBe reasonably heard at any public proceeding involving release, plea, or sentencingConfer with the attorney for the government in the caseFull and timely restitution as provided by lawBe free from an unreasonable delay in proceedings Be treated with fairness and respect for the victim’s dignity and privacy 9

Laws Affecting Victims’ Rights (continued )The Victims’ Rights and Restitution Act of 1990Was 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 toBe treated with fairness and respect for the victim's dignity and privacyBe protected from their accused offendersNotification of court proceedings10

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 conditionsConfer with the government attorney assigned to the caseRestitution Information about the conviction, sentencing, imprisonment, and release of the offender11

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 counselingArranging protection from an offenderKeeping 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 offender12

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 crimeAmends the federal bankruptcy code to prevent orders of restitution from being discharged as a result of bankruptcy13

Laws Affecting Victims’ Rights (continued )The Child Victims’ Bill of Rights of 1990 – the right toHave 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 courtNot have name, address, or photo released to any agency outside of the criminal justice systemAllow an advocate to inform the court of the child’s ability to understand the proceedings14

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 proceedingsAllow an advocate to be present in court to provide emotional support to the child during testimonyInform the court as to the need to have other supportive persons present during the child’s testimonyAllow law enforcement agencies to enlist the services of other professional staff trained to interview child victims15

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 crimesThe 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 trialThe victims of crimes can include family members of deceased victims and permits certain family members to be present during capital trials16

Laws Affecting Victims’ Rights (continued )The Crime Victims’ Compensation ActAccrues money from the following sources: State court costsParole fees of $8/monthDonationsSubrogationFederal Victims of Crime Act grantsRestitutionBenefits payable up to $50,000 with an additional benefit of $75,000 for permanent disability17

Laws Affecting Victims’ Rights (continued )The Crime Victims’ Compensation Act (continued)EligibilityCrime occurs in TexasVictim resides in TexasCrime must be reported within a reasonable amount of timeVictim must file for benefits within 3 years of the date of the crimeClaim may be reduced/denied if the victim has not cooperated with the investigation/criminal proceedings18

Witness Protection Program Part 2: 19

Witness Protection Program Introduced in 1970 in the Organized Crime Control ActRelocation and protection of witness(es) or potential witness( es )Protected against intimidation before they testify or criminal retaliation after they testifyRelocated and provided with new identities and documentsProtection provided by U.S. Marshals for security, health, and safety of the witnessesProtection provided for the witnesses and their immediate dependentsTestimony against drug traffickers, terrorists, organized crime, and other major crimesAmended by the Comprehensive Crime Control Act of 1984 Relocated persons can have no contact with persons from their past 20

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 GeneralPersons protectedProvides relocation and protection for the federal and the state governmentProtects 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 proceedings21

Witness Protection Program (continued) U.S. Code Title 18, Part II, Ch 224, Sec 3521 Witness Relocation and Protection (continued)ProvisionsSuitable documents to enable a person to establish a new identity or otherwise protect the person HousingTransportation of household furniture and other personal property to the new residencePayment of basic living expensesEmployment assistancePayment of medical expenses/careJob trainingOther service necessary to assist the person in being self-sustaining22

Witness Protection Program (continued) U.S. Code Title 18, Part II, Ch 224, Sec 3521 Witness Relocation and Protection (continued)DisclosureWeigh the danger against the benefit of disclosure before disclosing the location or identity of the protected personWith a court order, and without delay, disclosure to officials includesIdentityLocationCriminal recordsFingerprints23

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 violenceHas been arrested/charged with an offense punishable by more than one year in prisonProvide the confidential identity/location of the person who is subject to the regulation requirements as a convicted offenderProvide the confidential identity/location of the person who is subject to the regulation requirements as a convicted offender24

Witness Protection Program (continued) Prior to protection, the Attorney General obtains information to determine the suitability of the person for the programCriminal historyPsychological evaluation 25

Witness Protection Program (continued) Prior to protection the Attorney General obtains information to determine the suitability of the person for the program (continued)Written assessmentNeed for the testimony is weighed against the risk of danger Alternatives to protection are evaluatedDetermine if testimony from other sources can be securedDetermine the importance of the testimonyWeigh whether or not protection would infringe upon the relationship between a child being relocated and his or her parents not being protectedWill not protect if the potential for harm to innocent victims outweighs the need for a person’s testimony26

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 olderThe witness must agree to the following: To testify and provide information to law enforcementTo commit no crimeTo take all of the necessary steps to avoid detection by othersTo comply with all reasonable requests of the government providing the protectionTo comply with the legal obligations and the civil judgmentsTo designate another to be an agent for service of the processTo make a sworn statement of all legal obligations, including child custody and visitationTo disclose any parole and probation responsibilitiesTo inform the government of activities and current address 27

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 28

Texas Laws for Witness Protection Part 3: 29

Texas Laws for Witness Protection Address Confidentiality Program (ACP) Keeps the address confidentialProvides a substitute PO Box and free mail forwarding Allows the PO Box address to be used for Driver’s license, voter registration, and school registrationAgencies that are not required to accept ACP addressesBanksCredit companiesPrivate utilities companies30

Texas Laws for Witness Protection (continued) Eligibility requirements Victims of family violence, sexual assault, or stalkingA member of the participant’s householdMust keep the address confidentialVictim must meet with the advocate to develop a safety planMust be a Texas resident or a victim that is relocating to Texas31

Texas Laws for Witness Protection (continued) Application processThe victim must meet with a local domestic violence shelter, sexual assault center, law enforcement agent, or prosecutor to discuss the safety plan 32

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 victimsThe safety plan includesImportant telephone numbers for law enforcement, help lines, and community resourcesAn outline with specific strategies for avoiding the offender and for getting help when needed Must be renewed every three yearsMust notify the Office of the Attorney General of an address change 10 days prior to moving33

Texas Laws for Witness Protection (continued) Disclosure of addressLaw EnforcementDepartment of Family Protective Services Department of State Health34

Texas Laws for Witness Protection (continued) Cancellation of benefitsKnowingly makes a false statement on the applicationForwarded mail is undeliverable at least four timesIf the name or the true residence address is changed and notification is not sent 10 days prior to moving35

Resources Victims of Crime – Federal Actions http://www.libraryindex.com/pages/452/Victims-Crime-FEDERAL-ACTIONS.html Missouri Department of Public Safety www.dps.mo.gov/dir/programs/cvsu/voca.aspChild 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.pdfAlpert Schreyer Trial Attorneys http://www.andrewalpert.com/newsletter-victims-rights.htmlThe Attorney General of Texas, Crime Victim Services www.oag.state.tx.us/victimsThe National Center for Victims of Crime http://www.ncvc.org/ncvc/Main.aspxH.R. 5368 (101st): Victims’ Rights and Restitution Act of 1990 http://www.govtrack.us/congress/bills/101/hr5368http://legal-dictionary.thefreedictionary.com/http://www.prodeathpenalty.com/benetton.htm 36

Resources (continued) PowerPoint Videos Voices of Victims: Constitutional Amendment (9:48 minutes) http://www.youtube.com/watch?v=kYHtRuWCd8A&feature=related2009 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=PLFACAC117EF3AD49037