Chapter 14 The Victim Helping Those in Need

Chapter 14 The Victim: Helping Those in Need Mc. Graw-Hill/Irwin © 2013 Mc. Graw-Hill Companies. All Rights Reserved.

Victims n n Victim: Someone who suffers direct or threatened physical, emotional, or financial harm as the result of the commission or attempted commission of a crime or delinquent act; the term victim also includes the immediate family of a minor or homicide victim, but does not include a person in custody for an offense, or the accused Victims’ Rights: The fundamental rights of victims to be represented equitably throughout the criminal justice process 14 -2

Victims’ Rights n n From a legal perspective, crimes are considered offenses against the state. Until the 1970 s, victims had little or no status within the justice system, and victims’ rights were virtually nonexistent. n n The first state-level victims’ rights bill, Wisconsin’s Victims’ Bill of Rights (1980), launched an era of dramatic progress in the victims’ rights movement. California’s Proposition 9 (Victim’s Rights and Protection Act of 2008) is the most comprehensive Victim’s Bill of Right’s in the Nation, with 17 distinct rights. 14 -3

Key Federal Legislation n n n n The Victim and Witness Protection Act, 1982 Victims of Crime Act, 1984 The Victims’ Rights and Restitution Act, 1990 The Violent Crime Control and Law Enforcement Act, 1994 The Community Notification Act (Megan’s Law), 1996 Mandatory Victim Restitution Act, 1996 The Victims’ Rights Clarification Act, 1997 Crime Victims’ Rights Act, 2004 14 -4

Best Efforts Standard n A requirement of the federal Victims’ Rights and Restitution Act of 1990 (also known as the Victims’ Rights Act) mandates that federal law enforcement officers, prosecutors, and corrections officials use their best efforts to ensure that victims receive basic rights and services during their encounters with the criminal justice system 14 -5

Types of Losses n n Tangible losses – costs such as medical expenses, lost wages, and property losses that accrue to crime victims as a result of their victimization Intangible losses – costs such as fear, pain, suffering, and reduced quality of life that accrue to crime victims as a result of their victimization 14 -6

Costs of Victimization n According to a two-year National Institute of Justice (NIJ) study, 19 personal crimes result in costs of about $105 billion annually for medical expenses, lost earnings, and public victim assistance programs. For victims, crime costs may include (1) out-of-pocket expenses, such as for medical bills and property replacement; (2) reduced productivity at work, home, or school; and (3) nonmonetary losses, such as fear, pain, suffering, and reduced quality of life. 14 -7

Costs of Victimization n The annual cost of crime in the U. S. is approximately $644 billion. Tangible losses for damaged or lost property and lost productivity are about $125 billion. Intangible losses for pain, suffering, and reduced quality of life are approximately $494 billion. 14 -8

In Addition n Violent crime is a significant factor in mental health care usage. As much as 10 to 20 percent of mental health care expenditures in the United States may be attributable to crime, primarily for victims treated as a result of their victimization. 14 -9

Notification n Victim Notification – notification to victims of the release or pending release of convicted offenders who have harmed them Community Notification – notification to the community of the release or pending release of convicted offenders The Federal Bureau of Prisons has created one of the nation’s first comprehensive victim notification programs, which has served as a model to the states for over a decade 14 -10

Victim and Witness Protection n n Every day in the United States, victims and witnesses are harassed, intimidated, and retaliated against by incarcerated offenders, through intimidating phone calls, mail, or threatening visits from friends and associates. Many correctional agencies have responded creatively to this problem by: n n n Revoking offending inmates’ privileges Transferring inmates to more restrictive incarceration levels Filing new criminal charges Enhancing sentences Annotating inmates’ case files to apprise parole boards of the offense 14 -11

Crime Impact Classes n n Educational programs in correctional institutions involving offenders and victims The programs seek to help offenders understand the devastating impact their crimes have on victims and their families and friends, on their communities, and on themselves and their own families and friends 14 -12

Victim-Offender Dialogue n n Primarily used in property crime cases Gives victims an opportunity to engage in structured talks with their offenders Offenders have already admitted guilt or have been convicted/adjudicated Can be very effective in helping victims overcome feelings of trauma and loss 14 -13

The Victimization of Correctional Staff n n Correctional staff experience a wide range of victimization, including verbal harassment by inmates, sexual harassment by inmates or colleagues, physical or sexual assaults, hostage situations, and murder. Correctional agencies have written policies and procedures to respond to staff victimization and critical incidents. 14 -14

Victim Compensation n n A form of victim assistance in which statefunded payments are made to victims to help them recover financial losses due to crime Victims generally have three options for recovering crime-related financial losses: n n n state-sponsored compensation programs court-ordered restitution civil remedies 14 -15

Victim Compensation – Continued n n n The first victim compensation programs were established in New Zealand Great Britain in 1964, based on a concept suggested by British Magistrate Margery Fry in the late 1950 s. California created the first U. S. victim compensation program in 1965. Today, programs exist in all 50 states, Guam, Puerto Rico, and the U. S. Virgin Islands. 14 -16

Victims Of Crime Act Eligibility Requirements: n Report the crime promptly, usually within 72 hours n Cooperate with law enforcement agencies in investigating and prosecuting the crime n Submit a timely application for compensation, generally within one year n Provide other information, as needed n Cannot file claims for compensation of victimization that resulted from claimant criminal activity or misconduct All 50 States and territories receive annual VOCA assistance grants. 14 -17

Restitution n Repayment to the victim, by the offender, for losses, damages, or expenses that result from crime First imposed by the Victim and Witness Protection Act of 1982, which required federal judges to order full restitution in criminal cases or state on the record their reasons for not doing so All states have enacted restitution statutes, most styled after the federal model 14 -18

Collecting Restitution n n Many correctional agencies encourage inmates to fulfill restitution obligations by offering incentives (such as increased privileges or priority enrollment in educational or vocational programs) for compliance, and denying privileges for failure or refusal to pay. Offenders who are truly indigent may be given the option to perform community service in lieu of monetary restitution. 14 -19

The Office for Victims of Crime n n n Established by VOCA, OVC’s official mission is to enhance the nation’s capacity for assisting crime victims and to provide leadership in changing attitudes, policies, and practices to promote justice and healing for all victims. Federal Assistance Division (FAD) Program Development and Dissemination Division (PDD) 14 -20

Victim Impact Statements n An assertion by a victim (and/or friends or relatives of the victim) regarding the crime’s impact on the victim and his/her family n n Upheld under Payne v. Tennessee (1991) Right of Allocution – a statutory provision permitting crime victims to speak at the sentencing of convicted offenders n A federal right of allocution was established for victims of federal violent and sex crimes under the Violent Crime Control and Law Enforcement Act of 1994 14 -21

The Future of Victims’ Rights n n n Enact and enforce consistent, fundamental rights for crime victims in the justice system Provide crime victims with access to comprehensive, quality services Integrate crime victims’ issues into all levels of the nation’s education system Support, improve, and replicate promising practices in victims’ rights and services Ensure that the voices of crime victims play a central role in the nation’s response to violence and those victimized by crime 14 -22