2. Victims
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
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3. Victims’ Rights
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.
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.
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4. Key Federal Legislation
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
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5. 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
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6. 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
Intangible losses – costs such as fear, pain,
suffering, and reduced quality of life that accrue
to crime victims as a result of their victimization
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7. Costs of Victimization
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.
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8. Costs of Victimization
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.
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9. In Addition
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.
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10. Notification
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
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11. 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.
Many correctional agencies have responded
creatively to this problem by:
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
12. Crime Impact Classes
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
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13. Victim-Offender Dialogue
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
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14. 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 agencies have written policies and
procedures to respond to staff victimization and
critical incidents.
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15. 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
Victims generally have three options for
recovering crime-related financial losses:
state-sponsored compensation programs
court-ordered restitution
civil remedies
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16. 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.
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.
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17. Victims Of Crime Act
Eligibility Requirements:
Report the crime promptly, usually within 72 hours
Cooperate with law enforcement agencies in
investigating and prosecuting the crime
Submit a timely application for compensation, generally
within one year
Provide other information, as needed
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.
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18. Restitution
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
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19. 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.
Offenders who are truly indigent may be given
the option to perform community service in lieu
of monetary restitution.
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20. The Office for Victims of Crime
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)
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21. 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
Upheld under Payne v. Tennessee (1991)
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
1994
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22. The Future of Victims’ Rights
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
