Читать книгу Criminology For Dummies - Steven Briggs - Страница 78

The victims’ rights movement that swept across the United States seeks to give the victim a voice in the criminal justice process. For instance, most states have enacted laws that require the court system or the prosecutor to notify victims of all release hearings related to their attackers and to give the victims the right to be heard at those hearings.

Imagine that your ex-boyfriend (or ex-girlfriend) has been stalking you and recently set your car on fire. He was arrested, but what happens next? Will he get out? Will he come back to hurt you? Thanks to the victims’ rights movement, if your ex-boyfriend requests a release hearing, you have the right not only to be present but also to tell the judge why your ex shouldn’t be released.

Here are some of the victims’ rights that most states have enacted:

 Notification of all hearings: A victim has the right to know what’s going on at every step of a case she’s involved in. This notification applies to appeal hearings, too.

 Opportunity to speak at a release hearing: If the victim wants to comment, the judge must listen to the victim’s concerns before deciding whether to release a defendant pretrial. Victims can speak in person or just write out a statement and give it to the prosecutor to read to the court.

 Option to obtain a “no contact” order: If the victim wants the defendant to stay away from her, the judge has the power to issue a “no contact” order, which prohibits the defendant from contacting the victim. Violation of the order can mean the defendant is arrested and placed back in jail.

 Address confidentiality: A defendant has the right to all police reports involving his case. However, the prosecutor must black out all references to where the victim is living if the victim requests such an action.

 HIV and disease testing: If the crime involved the exchange of bodily fluids, the victim can have the defendant tested to see whether he has a disease.

 Consultation about plea offers: The victim can request that the prosecutor confer with her about any deals the state plans to offer the defendant. This right doesn’t mean the prosecutor has to do what the victim wants, however.It’s important to note that prosecutors are not the victims’ lawyers; they represent the state. Sometimes victims don’t want the defendant to be prosecuted (a situation that frequently occurs in domestic violence cases). But the prosecutor can go ahead with the case anyway.

 Option to refuse to be interviewed by the defense attorney or investigator: Although in most states anyone can refuse to be interviewed, victims can make this declaration early in the process and, theoretically, not be bothered at all by the defendant’s representatives.

 Opportunity to give a statement at sentencing: One of the most important victims’ rights is known as the victim impact statement, which means that, at the time of sentencing, the victim gets to tell the judge how the crime impacted her. The victim can address the court directly or have the prosecutor read a statement.

 Restitution: If a victim suffered financial loss, she has a right to a court order that requires the defendant to pay the money back. Typically, the defendant makes monthly payments to the court, which then distributes the money back to the victim.