PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Chapter 18 Victims’ Rights This chapter examines victims’ rights including: Restitution Victim’s compensation programs Victim’s impact statement Victims’ service providers
PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Increased Awareness of Victims’ Rights Forgotten person in criminal justice system 1982—Task Force on Victims of Crime 1984—Office for Victims of Crime (OVC) established 1995—first National Victim Assistance Academy
PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Violence Against Women Act VAWA enacted 1994 National Institute of Justice (NIJ) mandated to Develop research agenda Assess state databases Study abusive relationships Examine Battered Woman Syndrome
PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Restitution 1982 task force report recommended requiring judges to order restitution. Restitution can be traced to the 1930s. An effort to make the offender aware of the effects of his or her crime Advance the concept of personal responsibility Punishment to the offender
PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Compensation 1984—VOCA Victim compensation is direct payment to or on behalf of a crime victim Payment for medical bills, mental health counseling, funeral costs, and lost wages
PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Victim Impact Statements Presented to the trial court before sentencing by victim or victim’s representative Designed to help the sentencing judge understand the impact of the crime on the victim Payne v. Tennessee