Advocates for crime victims’ rights, including some crime victims, individuals, social service agencies, and law enforcement personnel, have brought the mental, emotional, and physical harm incurred by crime victims to the forefront of the judicial system. These advocates joined together to develop and introduce a strategic victims’ rights component to the federal judicial system. The initiative began as a community reaction to address the needs of a specific group of crime victims during the mid-1970’s, and has now become a nationwide movement to assist with the issues faced by crime victims. The crime victims’ movement led to the passage of several laws enacted to define victims’ rights, promote victim awareness, and ensure that victims are allowed to exercise these rights in the criminal court process. The past four decades reflect the notable endeavors of victims’ advocates and the legislative branch of government to develop, implement, and enhance the establishment of crime victims’ rights, as well as the enforcement mechanisms available for the actualization of these rights and the services available to victims of crime.

In the early 1980’s, Congress passed the first act addressing the needs of crime victims. The Victims and Witness Protection Act of 1982 set the standard for the treatment of victims and witnesses participating in the federal criminal justice system. The implementation of this act was critical as it required the Federal government to provide assistance to victims and witnesses without violating the constitutional rights of criminal defendants. Subsequently, the Department of Justice (DOJ) established the Office for Victims of Crime (OVC).

In an effort to expand upon the advancement made in the victim services arena, Congress quickly passed the Victims of Crime Act in 1984. This legislation marked the establishment of the Crime Victims Fund,1 and the OVC was tasked with the collection of federal criminal fines, penalties, and bond forfeitures for this fund. Since its inception, the Crime Victims Fund provides assistance to individual state compensation programs, and monies from it are available through grant applications for new and existing victim services programs at the local, state, and federal levels. OVC also offers training for diverse professionals who work directly with victims, develops and disseminates publications, supports projects to enhance victims’ rights and services, and educates the public about victim issues.2 Over the years, OVC gradually evolved into a central repository of resources and information for crime victims and victim advocates throughout the United States.

Within a few years, Congress enacted the Crime Control Act of 19903 to establish a new framework for victim rights by prescribing responsibility to DOJ officials and other federal agencies engaged in the detection, investigation, or prosecution of crime.4 Even more importantly, this legislation endorsed the first Federal Victim’s Bill of Rights. Pursuant to the legislation, the Attorney General promulgated Guidelines for Victim and Witness Assistance that further reiterated the specific obligations of DOJ personnel and outlined a starting point for the DOJ’s obligation.

In 1994, Congress passed the Violent Crime Control and Law Enforcement Act5 which fostered partnerships between the federal government and state and local communities, and resulted in new rights and services for certain crime victims. Specifically, sexual assault victims became entitled to compensation for testing and counseling for sexually transmitted diseases, domestic violence victims were given the right to be heard at bond hearings, and victims of violent and/or sex crimes were permitted to allocute at sentencing hearings. Moreover, the Act required that victims of domestic violence, sexual assault, telemarketing fraud, as well as sexually-exploited and abused children, receive mandatory restitution for the harm inflicted by the perpetrators of these crimes.

Recently, the Crime Victims’ Rights Act (CVRA), a component of the Justice for All Act of 2004 which incorporated some relevant provisions of the earlier acts mentioned, established the current rights of crime victims in federal criminal proceedings and mechanisms to enforce those rights.6 Under the CVRA, Congress specified that victims of federal criminal offenses have the following rights:7

• The right to be reasonably protected from the accused;
• The right to reasonable, accurate, and timely notice of any public court proceeding or parole proceeding involving the crime or of any release or escape of the accused:
• The right not to be excluded from any such public court proceeding, unless the court upon clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at the proceeding;
• The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing, or any parole proceeding;
• The reasonable right to confer with the attorney for the Government in the case;
• The right to full and timely restitution as provided by law;
• The right to proceedings free from unreasonable delay; and
• The right to be treated with fairness and with respect for the victim’s dignity and privacy.

The act requires the court to ensure that the crime victim is afforded those rights,8 and requires federal employees engaged in the detection, investigation, or prosecution of crime to “make their best efforts to see that crime victims are notified of, and accorded, the rights” guaranteed.9

The crime victim, the victim’s lawful representative, and the attorney for the Government can assert the rights guaranteed by the CVRA by presenting a motion or request in a district court, and a court’s denial of such a motion or request may be reviewed by a court of appeals in a mandamus proceeding.10 The Government can also assert a district court’s denial of any of a crime victim’s rights in a criminal case as an error in any appeal taken in the case.11 Congress also enacted other laws specifically providing for implementation and enforcement of a crime victim’s right to restitution in federal criminal proceedings.12

The CVRA also resulted in the creation of the Office of the Victims’ Rights Ombudsman within DOJ. This office is tasked with receiving and investigating victim complaints that DOJ personnel have violated their rights. If a victim’s complaint is substantiated, the responsible DOJ staffer is subject to disciplinary action.

Each of the 94 United States Attorney’s Offices (USAOs) has mandatory programs to address the needs of federal crime victims and ensure statutory compliance. The Law Enforcement Coordinators (LECC)/Victim-Witness Staff of the Executive Office of United States Attorney establish baseline directives for these programs and ensure compliance. Each USAO is individually tasked with the design and development of their respective victim services program not only to correspond with federal statutes, but to easily adapt to the diverse population that each office serves. The responsibility for informing victims of their rights is assigned to victim witness coordinators, advocates, assistants, and/or specialists. These staff members establish district policy and are responsible for training personnel on polices.

Victim Witness Coordinators play an integral role in increasing the participation and cooperation of victims and witnesses in the federal judicial system. These coordinators are responsible for ensuring that victims and witnesses receive necessary services, such as (1) notification of case status and events, (2) referrals to organizations for victims’ compensation, (3) counseling and shelter, and (4) the opportunity to present victim impact statements included in pre-sentence reports.13 Victims of federal offenses are initially informed of their rights after the official filing of charges (such as criminal complaint, information, or indictment), and notice and services continue through the conviction phase. Additional duties of victim staff include (1) accompanying victims to court; (2) providing community awareness of victim services available at the federal level; (3) training of local, state, and federal officials; (4) crisis intervention; and (5) maintaining a library of materials and services available for these victims.

Crime victims have a voice and are highly visible in the federal judicial system. These victims are not merely faceless sources of evidence in a prosecution, but individuals whose plights are considered along with the crimes committed by defendants. Legislation has been passed, organizations have been developed, and monies have been collected to specifically address the harm inflicted upon victims by criminal defendants. The past 30 years illustrate this advancement and the strides constantly made in the victim services arena. The federal government intends not only to prosecute individuals, but to vindicate, empower, and restore justice to those who have been harmed.

Kesha Handy has been the Victim Witness Coordinator for the United States Attorney’s Office, Southern District of Texas, since August 2000.  She is responsible for overseeing the district’s victim witness program, writing policy and procedure, and ensuring that the district complies with federal statutes.  She earned her B.A. from Austin College in 1994 and pursued graduate studies at Texas A&M Commerce.     

 

Endnotes

1. See 42 U.S.C. § 10601 (2008).   2. What is Office of Victims of Crime? Obtained at http://www.ojp.usdoj.gov/ovc/ (November 2004).   3. Pub. L . 101-647, 1990 S 3266.   4. Select Federal Initiatives on Behalf of Crime Victims and Witnesses (EOUSA) (date unknown).   5. Pub. L. 103-322, 1994 HR 3355.   6. See 18 U.S.C. § 3771 (2008).   7. See 18 U.S.C. § 3771(a) (2008).   8. See 18 U.S.C. § 3771(b)(1) (2008).   9. See 18 U.S.C. § 3771(c)(1) (2008).   10. See 18 U.S.C. § 3771(d)(1)-(3) (2008).   11. See 18 U.S.C. § 3771(d)(4) (2008).   12. See 18 U.S.C. §§ 3663, 3663A, 3364 (2008). A crime victim’s right to restitution in a federal criminal proceeding is a statutory right. See United States v. Broughton-Jones, 71 F.3d 1143, 1149 (4th Cir. 1995).  Consequently, Congress can tailor the scope of the crime victim’s right to restitution in any way it deems appropriate.   13. EOUSA United States Attorneys Office’ V-W Programs. Obtained at http://usanet.usa.doj.gov/staffs/lecc/ (March 2008).