John P. J. Dussich, Ph. D. Tokiwa International Victimology Institute Victimology & Victim Assistance LPSK Bogor, Indonesia March 28, 2013 The Beginnings of Professional Victim Assistance Persons victimized by crime often reach out for help to those most like themselves (i.e. other crime victims). Persons victimized by crime often reach out for help to those most like themselves (i.e. other crime victims). In most countries victim assistance groups started out primarily as support services and, along with other similar groups, became an organized voice for social change. In most countries victim assistance groups started out primarily as support services and, along with other similar groups, became an organized voice for social change. The Importance of Early Public Awareness & Support The Importance of Early Public Awareness & Support Public demonstrations. Public demonstrations. Public education through written and online information and programs. Public education through written and online information and programs. Professional education & training: academies, in- service, conferences & on the job. Professional education & training: academies, in- service, conferences & on the job. Community meetings. Community meetings. The Role of Victims Rights as an Early Goal New laws as a rallying activity toward legitimacy. New laws as a rallying activity toward legitimacy. Evolution of specific victims laws enable starting small. Evolution of specific victims laws enable starting small. Legislating new laws draws attention and support. Legislating new laws draws attention and support. Laws mandate needed actions & become stepping stones for the future. Laws mandate needed actions & become stepping stones for the future. The Final Challenge for Victims Rights In spite of a large body of new victim laws, many are not being upheld and most nations have still not enacted fundamental participatory reforms such as: In spite of a large body of new victim laws, many are not being upheld and most nations have still not enacted fundamental participatory reforms such as: Consultation with prosecutors, victim input in pre- trial release, protection of victims from intimidation and harm, and rights for victims of juvenile offenders Consultation with prosecutors, victim input in pre- trial release, protection of victims from intimidation and harm, and rights for victims of juvenile offenders Victims still need legal standing so that judges uphold the prosecution of violators of these rights. Victims still need legal standing so that judges uphold the prosecution of violators of these rights. The US Experience Shows How the Synergy of Victims Rights, Policies & Programs Led to Success 1965 A new law created 1st crime victim compensation program in California 1965 A new law created 1st crime victim compensation program in California 1968 Omnibus Crime & Safe Streets Act 1968 Omnibus Crime & Safe Streets Act 1972 First 3 victim assistance programs were created 1972 First 3 victim assistance programs were created 1974 First law enforcement-based victim assistance programs are established (victim advocate) in Florida 1974 First law enforcement-based victim assistance programs are established (victim advocate) in Florida The US Experience continues 1975 First Victims Rights Week is organized by the Philadelphia DA 1975 First Victims Rights Week is organized by the Philadelphia DA 1976 National Organization for Victim Assistance (NOVA) 1976 National Organization for Victim Assistance (NOVA) 1979 Frank Carrington (father of victims rights movement) founded VALOR 1979 Frank Carrington (father of victims rights movement) founded VALOR 1980 MADD is founded & changed many laws related to drunk driving 1980 MADD is founded & changed many laws related to drunk driving The US Experience continues 1981 Ronald Reagan is first President to proclaim Crime Victims Rights Week in April 1981 Ronald Reagan is first President to proclaim Crime Victims Rights Week in April 1982 PresidentsTask Force on Victims of Crime offers 68 recommendations that become the framework for new programs & policies; recommend amending the 6 th Amendment of the U.S. Constitution 1982 PresidentsTask Force on Victims of Crime offers 68 recommendations that become the framework for new programs & policies; recommend amending the 6 th Amendment of the U.S. Constitution The US Experience continues 1982 California passes Proposition 8 which guarantees restitution to victims 1982 California passes Proposition 8 which guarantees restitution to victims 1982 MADDs First Victim Impact Panel 1982 MADDs First Victim Impact Panel 1982 OVC is created in Wash. D.C OVC is created in Wash. D.C Passage of VOCA law 1984 Passage of VOCA law 1984 CSUF launches first Victim Services Certificate Program 1984 CSUF launches first Victim Services Certificate Program The US Experience continues 1985 National Victim Center is founded in honor of Sunny von Bulow 1985 National Victim Center is founded in honor of Sunny von Bulow 1985 UN General Assembly passes the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985 UN General Assembly passes the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1991 CSUF approves first Bachelors Degree Program in Criminology with a Victimology option in the nation 1991 CSUF approves first Bachelors Degree Program in Criminology with a Victimology option in the nation The US Experience continues 1992 Rape in America: A Report to the Nation by the National Crime Victims Research and Treatment Center (Charleston, SC authored by Dean Kilpatrick, et al.) 1992 Rape in America: A Report to the Nation by the National Crime Victims Research and Treatment Center (Charleston, SC authored by Dean Kilpatrick, et al.) 1996 Community Notification Act to register sex offenders (Megans Law) 1996 Community Notification Act to register sex offenders (Megans Law) Recommendations & Standards Based on the collective wisdom of experts in the field and organizations throughout the USA, comprehensive commendations were made that include the achievement of national standards for professional victim assistance. These were embodied in a publication: New Directions from the Field: Victim Rights and Services for the 21 st Century, Based on the collective wisdom of experts in the field and organizations throughout the USA, comprehensive commendations were made that include the achievement of national standards for professional victim assistance. These were embodied in a publication: New Directions from the Field: Victim Rights and Services for the 21 st Century, May 1998. Recommendation from the Field for Victims Rights 1. Constitution should be amended to: Establish consistent rights for victims in every state and at the federal level Establish consistent rights for victims in every state and at the federal level Ensure that courts balance the rights of victims and defendants Ensure that courts balance the rights of victims and defendants Guarantee victims the right to participate in proceedings Guarantee victims the right to participate in proceedings Enhance the participation of victims in the criminal justice process Enhance the participation of victims in the criminal justice process An amendment may be the only legal measure strong enough to ensure that the rights of victims are fully enforced An amendment may be the only legal measure strong enough to ensure that the rights of victims are fully enforced Recommendation from the Field for Victims Rights 2. Victims should have the right to be notified about public court proceedings in a timely fashion. Many victims are not informed of plea agreements Many victims are not informed of plea agreements Notification of victims when defendants are released from custody this can mean the difference between life and death for some victims and their families Notification of victims when defendants are released from custody this can mean the difference between life and death for some victims and their families 3. Victims should have the right to be present throughout all public court proceedings Issue of sequestering victims because they are potential witnesses Issue of sequestering victims because they are potential witnesses This is a fundamental right This is a fundamental right Recommendation from the Field for Victims Rights 4. Meaningful consultation with prosecutors before major case decisions A lack of communication about proposed plea agreement continues to be the highest source of victim dissatisfaction A lack of communication about proposed plea agreement continues to be the highest source of victim dissatisfaction 5. The right to be heard in major court proceedings 6. The right to reasonable protection Protection from intimidation, harassment, and retaliation by offenders Protection from intimidation, harassment, and retaliation by offenders Mandated no contact orders as a condition of bail Mandated no contact orders as a condition of bail Separate waiting areas for victims in the courthouse Separate waiting areas for victims in the courthouse Recommendation from the Field for Victims Rights 7. Mandatory full restitution for crime victims 1996 Mandatory Victim Restitution Act 1996 Mandatory Victim Restitution Act 8. Right to disposition of proceedings free from unreasonable delay Ensures speedy trials for victims too, not just offenders Ensures speedy trials for victims too, not just offenders 9. Right to a full range of services and support for recovery Regardless of whether the crime is reported, victim should have emergency and ongoing services Regardless of whether the crime is reported, victim should have emergency and ongoing services 10. Victims should have the same fundamental rights in juvenile justice proceedings Recommendation from the Field for Victims Rights 11. All agencies should help ensure that victims receive information about their rights 12. Victims should receive assistance in exercising their participatory rights 13. States should review victims rights statutes and constitutional amendments 14. States should adopt truth in sentencing reforms Victims, as well as the public, are entitled to know how long the offender will actually be incarcerated Victims, as well as the public, are entitled to know how long the offender will actually be incarcerated Recommendation from the Field for Victims Rights 15. Laws should prohibit employers from taking adverse action against victims who must miss work Victims should, at minimum, have the same protection as jury members Victims should, at minimum, have the same protection as jury members 16. In relevant situations, victims should have the right to be tested and to have the accused tested for the HIV virus and sexually transmitted diseases 17. Laws should allow agencies to facilitate community impact statements Recommendation from the Field for Victims Rights 18. Victims should be able to enforce their rights, and sanctions should be applied to those who deny those rights 19. Compliance enforcement programs, sometimes called victim ombudsman programs, should be created 20. Federal crime victims rights should apply to military proceedings 21. Indian tribes should enhance their fundamental rights for Native American victims fundamental rights for Native American victims Recommendation from the Field for Victims Rights 22. Victims should have rights at administrative proceedings, including having someone accompany them, the right to input, and the right to notification of the sanction 23. Criminal justice agencies should monitor their own compliance with victims rights law and perform independent audits 24. Offer continued education for professionals regarding victims right, needs, and services 25. The development of new funding Conclusions: Synergy in Action Professional victim assistance has been and should be lead by victims rights laws and by recommendations from practices in the field. Professional victim assistance has been and should be lead by victims rights laws and by recommendations from practices in the field. Although these 25 recommendations were created just over a decade ago, they are still valid and are still being followed today. Although these 25 recommendations were created just over a decade ago, they are still valid and are still being followed today. They represent high national standards in the service to crime victims who also deserve a seat at the table of justice. They represent high national standards in the service to crime victims who also deserve a seat at the table of justice. Terima kasih