The Victim:The Victim:

Helping Those in Need Helping Those in Need

Chapter 14Chapter 14

McGraw-Hill/Irwin © 2013 McGraw-Hill Companies. All Rights Reserved.

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VictimsVictims

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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Victims’ RightsVictims’ 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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Key Federal LegislationKey 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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Best Efforts StandardBest 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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Types of LossesTypes 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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Costs of Victimization Costs of Victimization

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

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Costs of Victimization 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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In AdditionIn Addition

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

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NotificationNotification

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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Victim and Witness ProtectionVictim 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

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Crime Impact ClassesCrime 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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Victim-Offender DialogueVictim-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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The Victimization of The Victimization of Correctional StaffCorrectional 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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Victim CompensationVictim 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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Victim Compensation – Victim Compensation – ContinuedContinued

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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Victims Of Crime ActVictims 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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RestitutionRestitution

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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Collecting RestitutionCollecting 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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The Office for Victims of CrimeThe 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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Victim Impact StatementsVictim 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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The Future of Victims’ RightsThe 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