Victims of crimes have a variety of different legal rights and protections that are afforded to them by both State and Federal law. All states and the Federal government have passed laws that afford legal protections to victims of crimes.
The purpose of these laws is to ensure that victims of crimes have protections, such as:
- Security from the accused;
- Privacy;
- The right to timely proceedings against the accused;
- Other legal rights and protections necessary to combat criminal actors while protecting criminal victims.
These laws also require that victims of crimes have access to certain information and are allowed to play a limited role in the criminal justice process. Importantly, the criminal rights of victims of crimes will vary by that state’s criminal procedure laws or whether the crime was a federal crime.
Criminal procedure refers to the overall legal process of adjudicating claims for a person that has been accused of violating criminal laws. The overall idea behind all criminal procedure laws is based on the “presumption of innocence,” which means that a suspect is considered to be innocent until they are proven guilty. Because of this, the burden of proof is on the state prosecution to prove beyond a reasonable doubt that the individual accused of a crime actually committed the crime they are being accused of committing.
However, a victim of a crime still has an inherent right to bring a criminal complaint against a person they believe has committed a crime against them.
Criminal procedure may be best understood as a timeline, which begins with the apprehension of the individual suspected of the crime and ends with the final verdict and/or appeal. In fact, the criminal procedure timeline actually begins with a criminal complaint being made. The following sections are a list of rights that a crime victim may have.
1) Right to a Criminal Complaint
As mentioned above, a victim of a crime has a legal right to make a criminal complaint against a person that has committed a crime against them. Importantly, crime victims cannot personally charge individuals with crimes because only the government may bring criminal charges against an individual.
As such, crime victims have the right to notify the government that a crime has been committed and request that the government file criminal charges against the party responsible for committing the crime.
As mentioned above, a criminal complaint will first be filed by the crime victim contacting the police or local prosecution’s office, which will then initiate the criminal procedure process against the individual accused of the crime. It is important to also note that the victim of the crime does also have a right to anonymity in making their criminal complaint as a means of protecting the individual making the complaint from the accused.
Crime victims, however, do generally have the right to notify the government that a crime has been committed and to request that criminal charges are made.
2) Right to Protection From the Accused
As mentioned above, one of the main rights of crime victims is legal protections from the party accused of criminal actions. In fact, under the federal Crime Victims’ Rights Act, a crime victim has the legal right to be reasonably protected from the accused. This often comes in the form of protective orders that may be issued by the local government that ensure the accused does not come into any further contact with the victim of the crime.
Additionally, similar to the accused’s right to an attorney, a crime victim also has a right to an attorney that they can communicate with the local government through in the prosecution of the crime against the accused.
3) Right to Be Informed
Another right that is contained in the Federal Crime Victims’ Rights Act is the right to be informed. This includes the following rights:
- The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused;
- The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.
In addition to the Federal Crime Victims’ Rights Act, crime victims also have state criminal rights to know about the progress of their case. For instance, crime victims have the right to know when the suspect is captured, and in many states, victims also have the right to be notified about the status of the defendant throughout the process of the case. This includes the defendant’s current location, any prison transfers, release, or escape.
Although state laws will vary, most states require that victims of crimes also receive notice of the following events:
- The arrest and arraignment of the party accused of the crime;
- Any bail proceedings and the results;
- Any pretrial proceedings and the results;
- Dismissals made by state prosecution regarding any of the criminal charges;
- Any plea negotiations and outcomes;
- The trial process, including notice of any criminal hearings;
- Criminal sentencing and the results of the criminal sentencing phase.
- It is important to note that a crime victim has an absolute right to be reasonably heard at any public criminal proceeding involving criminal sentencing;
- Any appeals made by the party accused;
- Probation or parole proceedings and determinations, if any; and
- The final release of the criminal actor.
4) Right to Participate in the Criminal Process
In addition to the above rights, victims of crimes also have the following rights under the Federal Crime Victims’ Rights Act:
- The right not to be excluded from any such public court proceeding unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding;
- As mentioned above, crime victims also have the right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding;
- The reasonable right to confer with the attorney for the Government in the criminal case;
- The right to full and timely restitution as provided in law; and
- The right to proceedings free from unreasonable delay.
It is important to note that crime victims have the right to participate in the prosecution of the accused as long as their involvement does not infringe upon the constitutional rights of the accused. As such, victims of crimes play a rather limited role in the criminal justice process, as, once again, it is the burden of the state to prove that the accused is guilty of the charges brought against them beyond a reasonable doubt.
5) Right to Be Treated Fairly
Both the Federal Crime Victims’ Rights Act and states recognize the victim’s right to be treated with fairness, compassion, and respect throughout the entirety of the judicial process. This is especially true with regard to the victim’s dignity and privacy.
Some states also extend victims of crimes the right to be reasonably protected from the accused through automatic temporary protective orders or by other means. Further, victims of crime also have the right to be treated fairly during trial by both the state prosecution and attorney for the accused.
6) Right to Restitution
Victims of crime generally have the right to restitution from those who have caused them harm, especially if that harm resulted in some sort of financial loss to them. Restitution requires that a convicted criminal repay the victim for any damages they caused, such as:
- Lost wages or loss of earning capacity;
- Property loss or damages;
- Medical damages.
It is important to note that the court will have the final say as to whether or not criminal restitution will be ordered, and they will make that determination on a case-by-case basis. Whether or not restitution will be ordered will typically depend on the facts of the case and the criminal acts that were committed. If restitution is ordered, then the court may order that it be paid to the victim in a lump sum, by payments, or through wage garnishments.
7) Rights on a State-by-State Basis
It is important to note that almost every state provides the legal rights listed above. However, some states offer additional protections for victims of crimes, such as:
- The right to an attorney at all criminal proceedings;
- Release of property that was confiscated as evidence of the criminal action;
- Access to restitution funds available for certain criminal actions;
- A free copy of the police report that was made in response to the criminal complaint;
- The right to speak with any investigators that were assigned to investigate the criminal complaint;
- Compensation for loss of income as a result of the crime; and
- Compensation for burial expenses if the crime resulted in loss of life.
8) Right to a Speedy Trial
The Sixth Amendment is what guarantees both a criminal defendant and the victim of the crime the right to a speedy trial. This is guaranteed in order to prevent an accused person from being kept in custody for extended periods of time without adjudication and to ensure full and timely restitution as provided by law for the victim of the crime.
What Are the Limits on Victims’ Rights?
As mentioned above, there are limits on victims’ rights in a criminal proceeding. For instance, their participation cannot interfere with the Constitutional rights of the accused. Further, criminal defendants have the right to confront their accusers in court.
Once again, persons accused of a crime also have the presumption that they are innocent until proven guilty beyond a reasonable doubt. As such, accused parties also have the right to a fair and speedy trial.
Further, once again, the duty to charge and prosecute individuals accused of a crime is solely on the government and prosecutors. As a result, prosecutors still retain their discretion in making plea bargains, charges, and trial strategies and do not have to consult the individual who brought them the criminal complaint.
Additionally, since criminal proceedings are designed to punish criminal defendants for their criminal conduct, the victim’s ability to collect restitution is often limited in criminal trials unless statutorily provided for. As a result, many crime victims often go to civil court in order to recover from any financial losses suffered as a result of the criminal action, forcing proper restitution from the defendant.
Finally, there will also be further limits on victims’ rights depending on whether the charges being brought are misdemeanors or felonies. Any criminal offense that is punishable by death or imprisonment exceeding one year is considered a felony charge. The prosecutors and the criminal courts handle felony cases differently from misdemeanor cases, which means the role of the crime victim may be different in each case.
For a felony matter, the crime victim may have to appear in front of a grand jury to testify before any indictment will be brought against the accused.
Who Can Exercise Victim’s Rights?
Although it may seem obvious, any person that has been directly harmed by a crime that was committed by the person that has been accused of the criminal action may exercise victims’ rights. This means that if the crime harmed more than one person, all those harmed by the party accused of the crime may exercise the rights listed above.
Further, in some states, family members of those that have been harmed by a crime, such as a homicide victim or the parent or guardian of a minor, may also exercise the same victims’ rights afforded to the individual directly harmed.
Do I Need a Lawyer to Help With Victim’s Rights?
If you are involved in a criminal case, you will need to work with an area criminal attorney.
An experienced and local lawyer will be best suited to helping you understand your legal rights and options according to your state’s specific criminal laws. Additionally, your lawyer will also be able to represent you in any proceedings while guiding you through the criminal process.
