PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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Chapter 18Victims’ Rights

This chapter examines victims’ rights including: Restitution Victim’s compensation programs

Victim’s impact statement Victims’ service providers

PROCEDURES IN THE JUSTICE SYSTEM, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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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, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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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, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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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, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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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, 8th ed.Roberson, Wallace, and Stuckey

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

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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