What are the Legal Rights Of Victims In Criminal Cases?
Up until half a century ago, victims involved in criminal cases did not have many rights. Unfortunately, crime victims had to go through a lot to receive justice. Thankfully, the law has changed for the better and crime victims today have many rights that make sure that they remain protected and informed, and that their dignity and respect is not tarnished in any way due to the unfortunate incident.
This article will briefly discuss the history of victim rights and how they have evolved. Additionally, it will also explore the major rights of all victims under US law.
A Brief History Of Victim Rights
Before the enactment of modern legislation to protect victim rights, the landscape for individuals impacted by criminal acts was starkly different. Victims often found themselves marginalized within the criminal justice system, with limited rights and protections. Their experiences were marred by a lack of information about legal proceedings, minimal opportunities to participate in the process, and inadequate support to cope with the emotional and financial aftermath of crime. They frequently endured the ordeal without having their voices heard, their dignity respected, or their trauma acknowledged.
This historical backdrop underscores the transformative significance of contemporary victim rights legislation, which has sought to rectify these injustices by granting victims a fundamental set of protections and privileges within the legal process. The evolution of victim rights reflects a broader societal recognition of the importance of empathy, fairness, and respect for those who have suffered at the hands of criminals, reaffirming the principles of justice and humanity in our legal system.
Californian Roots
The idea of safeguarding victims was identified and highlighted in 1965 in California through the first victim compensation program. By 1972, more victim assistance and compensation programs were launched to help victims, but the quality of assistance provided to them was insufficient. The victims had limited rights with regards to being informed about what is going on in the case, the court proceedings, and how to be present at them. Moreover, they did not have the right to give any statements at the sentencing and hearings. Ultimately, these victim assistance programs were not of much help to the victims.
The modernization of victim rights in the US can be attributed to several significant pieces of legislation enacted over the years. The movement gained momentum in California in 1965, followed by the introduction of the Victims of Crime Act (VOCA) in 1984 which established the Crime Victims Fund, providing financial support to victim service organizations. The Violence Against Women Act (VAWA) in 1994 and the Victims’ Rights and Restitution Act of 1990 expanded the legal framework for protecting victims’ rights. Additionally, all 50 states have enacted their own versions of victims’ rights laws. These legislative measures collectively aim to ensure that victims are treated with fairness, respect, and dignity within the criminal justice system and can participate in legal proceedings while receiving necessary support and protection.
Who Is A Victim And How Is A Victim Identified?
A victim of a crime is someone who suffers direct or indirect harm including emotional, financial, and physical damage, as a result of a criminal act. The victim will be considered a direct victim if the person or persons were directly harmed by the criminal act. For example, this could be someone who was physically assaulted, or robbed, or emotionally abused through social media. These are all examples of direct victims because they are harmed directly in one way or another.
On the other hand, indirect victims are individuals who suffer emotionally or psychologically due to a crime. Sexual assault cases are a relevant example here. In this case, the person raped would be the direct victim and their parents and family members would be indirect victims. In the US, the victim’s rights are identified based on which state the crime occurred in, as each state has some amendments in its laws. According to these amendments, the law decides the level of rights that will be given to direct victims and indirect victims. In some states, indirect victims are not given many rights, while in others, they are. All these rules also vary significantly on a case-to-case basis.
How Can Victims Be Helped?
Those that are enthusiastic about helping victims, feel empathetic towards them, and want to make sure that they maintain their rights must consider entering the field of law as a professional. The journey begins by completing a bachelor’s degree, followed by a master’s and a doctorate degree in law.
An individual who is qualified and has a license to practice law is referred to as a lawyer or an attorney. It is not a simple undertaking to become a registered attorney, as individuals first need to earn a Juris Doctor (JD) degree and then pass the state bar test. It typically takes seven years to complete everything from the first year of college to passing the bar test.
Those who have already completed an undergraduate and master’s studies in law can begin their journey and apply to do their Juris Doctor course! Academic institutions such as Cleveland State University are offering a JD degree online course that allows aspiring individuals to complete their advanced education from home while continuing their work. A JD degree opens doors to higher positions, including roles as lawyers, judges, and legal policy makers, all dedicated to ensuring victims’ rights are upheld.
Rights Of Victims Involved In A Crime
Crime victims in the US enjoy a comprehensive set of rights that safeguard their wellbeing and dignity throughout the legal process. These ten fundamental rights include the following.
Fairness, Respect, Dignity, And Sensitivity
The right to impartiality, dignity, and respect gives criminal victims the opportunity to be heard in the criminal justice system. In some situations, it can cause more psychological, monetary, physical, or emotional harm to the victims if they are not handled with respect, justice, and care by law enforcement and other officials during the process. Fundamental to bringing victims justice is treating them with empathy and regard for their dignity. For plenty of victims, it is crucial to be identified as victims and to receive sympathy for the pain they have endured as a result of an injustice.
The Right To Participate In And Witness Procedures
One of the essential rights of crime victims, in the opinion of victim services organizations, is the ability to attend criminal court procedures. A few statutes and the scant case law indicate that the right can be applied more broadly without unduly burdening the criminal justice system or hindering the constitutional rights of the accused. This is despite the fact that its application, particularly at criminal trials, has been limited in practice.
The right to attend all the criminal justice processes is crucial for crime victims and their families. Victims often want to observe justice in action. They are interested in hearing the defense attorney’s arguments and seeing how the magistrate, the jury, and the defendant respond. Victims have the right to attend hearings under most state victims’ rights constitutional amendments and statutory victims’ bills of rights.
Discussions With The Prosecution And A Victim Impact Statement
Victims must have the right to take part in court proceedings and related discussions because it ensures that a trial is fair and just. Moreover, allowing victims to participate in a court proceeding makes them feel safe and secure as they know that the culprit or the criminal is in the right place. This also provides them with the opportunity to begin the process of closure and healing.
The Right To Be Safeguarded Against Intimidation And Harassment
Victims already go through a lot when they experience the crime directly or indirectly. It can easily leave a deep psychological and emotional scar on the victims and their close ones. As a result, it is extremely important that they are at least protected from any further damage and harm such as bullying, harassment, and intimidation.
The Right to Compensation from the Perpetrator
Different criminal acts cause different levels of financial losses. In some cases, the losses are extreme such as the loss of a precious life. This right helps crime victims to get at least some form of compensation in return for their loss in the form of money, or jail time for the criminal, or a life sentence. Although none of these methods can replace a lost loved one or other losses, due to this right of the victim, they can feel empowered and confident that justice was served.
The Privilege of Privacy
The right to privacy is very important for crime victims because it makes them feel protected after they have experienced a traumatizing event. It protects them from further harm and makes sure that any personal information about them including their whereabouts, their future plans, where they are living, and other such information is kept completely private. Keeping such information hidden is especially necessary if the victims were subjected to violence, abuse, and stalking. When victims know that they are safe and that their privacy will be maintained, they are more likely to report any criminal incident confidently because they will know that the information will be kept confidential.
Restitution of Personal Property Taken as Evidence
Criminal proceedings and trials can sometimes become lengthy due to various reasons and unforeseen circumstances. As a result, the victim may be deprived of their personal property as it is taken away temporarily to serve as evidence. In such a case, it is the victims’ right to get back their due access to their personal property as soon as possible.
The Right To A Timely Trial
It has been observed many times that judicial trials are dragged or delayed for various reasons. The reasons for the delays are mostly valid considering the strong judicial system in the US, but in developing and underdeveloped countries where the law is weak, a delay in trial may translate to corruption going on behind the scenes.
Even in the US where corruption is unlikely, there are quite a few disadvantages of a delay in a timely trial. Firstly, it unnecessarily drags out the case and as a result, the direct and indirect victims are unable to move on from the incident. Secondly, it raises suspicion over the judicial system as the victims do not know what is going on and how the delay will impact the outcome of the trial. Thirdly, the nature of some of the evidence is sensitive and so it may not last long even after proper preservation, so delaying court proceedings can lead to further wearing out of the evidence.
The Right To Seek Restitution From The Offender For Damages
If the victim loses something of value or suffers any kind of financial loss, then it is their right to seek restitution from the offender. Victims must be allowed to speak about the losses they have suffered as a result of the crime committed against them at the sentencing hearing. They should be able to inform the court of their losses using a form that can help victims recover their losses. The figures must be exact and backed up by proof of actual financial loss. Losses incurred in the future cannot be included in the sum; only damages sustained up until the time the criminal is punished apply. All crimes should be punishable by reparation, according to the courts. The ability of the perpetrator to pay is just one factor that a judge considers when determining whether to compel restitution.
Enforcement Of These Rights And Access To Legal Remedies
This right is the most important of all because it ensures that all the above-mentioned rights are fulfilled. It is a right that gives surety to victims that justice will be served and that they will be recognized and protected as victims.
Maintaining Rights For Criminal Case Victims
In conclusion, the evolution of victim rights over the past decades reflects a significant shift towards recognizing the importance of the suffering caused by criminal acts. From a time when victims had limited rights and faced the ordeal of navigating the criminal justice system alone, the US has progressed to an era where victims are accorded a range of fundamental rights that aim to protect their dignity, wellbeing, and legal interests.
The recognition of these rights is not merely symbolic; it represents a profound transformation in the US’ approach to justice. Treating victims this way is a matter of empathy and is essential for building a justice system that is truly fair and impartial. Victims are no longer passive bystanders in legal proceedings; they have a voice, the right to participate, and the opportunity to speak out about the impact of the crime.
The Extent of Victim Rights
Victim rights extend beyond courtrooms and legal proceedings. They encompass privacy, compensation, and swift restitution, acknowledging that the effects of a crime often extend far beyond the initial incident. These rights are essential for healing, closure, and rebuilding lives. However, the realization of these rights depends on more than just legal provisions; it requires a commitment from society, law enforcement agencies, and legal professionals to ensure that victims are not retraumatized by the very system designed to provide justice.
In this ongoing journey towards a more compassionate and equitable legal system, education and awareness play a crucial role. Understanding victim rights is not only the responsibility of legal practitioners but also of communities at large. When communities collectively acknowledge and support these rights, they contribute to a society where victims can seek justice without fear and find the strength to heal.
As the justice system moves forward, it is important to remember that the protection and empowerment of victims are integral to the pursuit of justice, and these rights are a testament to the US’ commitment to a more compassionate and inclusive legal system. By upholding victim rights, the system can ensure that the principles of fairness, dignity, and empathy remain at the heart of the pursuit of justice.
