© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Chapter 14 The Victim: Helping Those In Need 1

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Victims Victim: Someone who suffers direct or threatened physical, emotional, or financial harm as the result of the commission of a crime. The term victim also includes the immediate family of a minor or homicide victim. Victim: Someone who suffers direct or threatened physical, emotional, or financial harm as the result of the commission of a crime. The term victim also includes the immediate family of a minor or homicide victim. Victims’ Rights: The fundamental rights of victims to be represented equitably throughout the criminal justice process. Victims’ Rights: The fundamental rights of victims to be represented equitably throughout the criminal justice process. 2

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Victims’ Rights From a legal perspective, crimes are considered offenses against the state. From a legal perspective, crimes are considered offenses against the state. Until the 1970s, victims had little or no status within the justice system, and victims’ rights were virtually nonexistent. Until the 1970s, victims had little or no status within the justice system, and victims’ rights were virtually nonexistent. 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. 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. 3

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Key Federal Legislation The Victim and Witness Protection Act, 1982 The Victim and Witness Protection Act, 1982 Victims of Crime Act, 1984 Victims of Crime Act, 1984 The Victims’ Rights and Restitution Act, 1990 The Victims’ Rights and Restitution Act, 1990 The Violent Crime Control and Law Enforcement Act, 1994 The Violent Crime Control and Law Enforcement Act, 1994 The Community Notification Act (Megan’s Law), 1996 The Community Notification Act (Megan’s Law), 1996 Mandatory Victim Restitution Act, 1996 Mandatory Victim Restitution Act, 1996 The Victims’ Rights Clarification Act, 1997 The Victims’ Rights Clarification Act, 1997 Crime Victims’ Rights Act, 2004 Crime Victims’ Rights Act,

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Best Efforts Standard 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. 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. 5

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Types of Losses Tangible losses – costs such as medical expenses, lost wages, and property losses that accrue to crime victims as a result of their victimization. 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. Intangible losses – costs such as fear, pain, suffering, and reduced quality of life that accrue to crime victims as a result of their victimization. 6

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Costs of Victimization The annual cost of crime in the U.S. is approximately $450 billion. Tangible losses for medical and mental health care are approximately $18 billion. Tangible losses for damaged or lost property and lost productivity are about $87 billion. Intangible losses for pain, suffering, and reduced quality of life are approximately $345 billion. Insurers pay $45 billion in crime-related claims annually. 7

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Notification Victim Notification – notification to victims of the release or pending release of convicted offenders who have harmed them. 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. 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. 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. 8

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Victim and Witness Protection 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. 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: Many correctional agencies have responded creatively to this problem by: Revoking offending inmates’ privileges. Revoking offending inmates’ privileges. Transferring inmates to more restrictive incarceration levels. Transferring inmates to more restrictive incarceration levels. Filing new criminal charges. Filing new criminal charges. Enhancing sentences. Enhancing sentences. Annotating inmates’ case files to apprise parole boards of the offense. Annotating inmates’ case files to apprise parole boards of the offense. 9

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Crime Impact Classes Educational programs in correctional institutions involving offenders and victims. 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. 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. 10

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Victim-Offender Dialogue Primarily used in property crime cases. Primarily used in property crime cases. Gives victims an opportunity to engage in structured talks with their offenders. Gives victims an opportunity to engage in structured talks with their offenders. Offenders have already admitted guilt or have been convicted/adjudicated. Offenders have already admitted guilt or have been convicted/adjudicated. Can be very effective in helping victims overcome feelings of trauma and loss. Can be very effective in helping victims overcome feelings of trauma and loss. 11

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill The Victimization of Correctional Staff 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 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. Correctional agencies have written policies and procedures to respond to staff victimization and critical incidents. 12

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Victim Compensation A form of victim assistance in which state- funded payments are made to victims to help them recover financial losses due to crime. A form of victim assistance in which state- funded 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: Victims generally have three options for recovering crime-related financial losses: state-sponsored compensation programs. state-sponsored compensation programs. court-ordered restitution. court-ordered restitution. civil remedies. civil remedies. 13

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Victim Compensation – Continued The first victim compensation programs were established in New Zealand and Great Britain in 1964, based on a concept suggested by British Magistrate Margery Fry in the late 1950s. The first victim compensation programs were established in New Zealand and Great Britain in 1964, based on a concept suggested by British Magistrate Margery Fry in the late 1950s. California created the first U.S. victim compensation program in California created the first U.S. victim compensation program in Today, programs exist in all 50 states, Guam, Puerto Rico, and the U.S. Virgin Islands. Today, programs exist in all 50 states, Guam, Puerto Rico, and the U.S. Virgin Islands. 14

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Victims Of Crime Act Eligibility Requirements: Report the crime promptly, usually within 72 hours. Report the crime promptly, usually within 72 hours. Cooperate with law enforcement agencies in investigating and prosecuting the crime. Cooperate with law enforcement agencies in investigating and prosecuting the crime. Submit a timely application for compensation, generally within one year. Submit a timely application for compensation, generally within one year. Provide other information, as needed. Provide other information, as needed. Cannot file claims for compensation of victimization that resulted from claimant criminal activity or misconduct. Cannot file claims for compensation of victimization that resulted from claimant criminal activity or misconduct. 15

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Restitution Repayment to the victim, by the offender, for losses, damages, or expenses that result from crime. 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. 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. All states have enacted restitution statutes, most styled after the federal model. 16

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Collecting Restitution 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. 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. Offenders who are truly indigent may be given the option to perform community service in lieu of monetary restitution. 17

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Victim Impact Statements 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. 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. Upheld under Payne v. Tennessee (1991). Upheld under Payne v. Tennessee (1991). Right of Allocution – a statutory provision permitting crime victims to speak at the sentencing of convicted offenders. Right of Allocution – a statutory provision permitting crime victims to speak at the sentencing of convicted offenders. 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 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

© 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill The Future of Victims’ Rights Enact and enforce consistent, fundamental rights for crime victims in the justice system. Enact and enforce consistent, fundamental rights for crime victims in the justice system. Provide crime victims with access to comprehensive, quality services. Provide crime victims with access to comprehensive, quality services. Integrate crime victims’ issues into all levels of the nation’s education system. Integrate crime victims’ issues into all levels of the nation’s education system. Support, improve, and replicate promising practices in victims’ rights and services. 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. Ensure that the voices of crime victims play a central role in the nation’s response to violence and those victimized by crime. 19