Victims of crime are often called as witnesses in a case. This means you may be required to be present at various stages of the criminal justice process to provide truthful testimony. It also means that you are entitled to certain rights within the criminal justice system, and to assistance from the State Attorney in asserting these rights.
An individual who has suffered direct physical, emotional, or economic harm as a result of the commission of a crime. The person accused of committing a crime. Each United States Attorney's office has a Victim-Witness program which is staffed by at least one Victim-Witness Coordinator or Victim Advocate.
It provides an opportunity to express in your own words what you, your family, and others close to you have experienced as a result of the crime. Many victims also find it helps provide some measure of closure to the ordeal the crime has caused.
This is because both statement forms are typically used as a means of legally stating a certain amount of information that is usually backed up with proven facts. Witness Statement Template Details
An oral statement at the sentencing allows the judge to hear your voice and its inflections and to put a face to the crime committed. If you would like to speak at the sentencing, it is important to contact the U.S. Attorney’s Office Victim Witness Coordinator as soon as possible.
A Victim Impact Statement is a written or oral statement presented to the court at the defendant's sentencing. Victims or survivors have a legal right to inform the judge about how the crime has affected their lives and can ask that a defendant receive a particular sentence.
How to Write a Victim Impact Statement?How did the crime affect you and your family?What was the emotional impact of the crime on you and your family?What was the financial impact on you and your family?Do you have any recommendations to the court about disposition (sentencing) of this case?More items...
Victim rights are a group of legal rights given to victims of crimes. They can include things like the right to privacy, the right to testify at trial, and (in some instances) the right to financial compensation.
A witness is a person who saw a crime or was a victim of a crime.
How do I write a victim impact statement? Your statement should detail the effect of the crime on you and your family. It should not reiterate the facts of the case because this may give the defence an opportunity to challenge the facts as they have been presented.
It should contain all of the evidence that you want the court to have about the case and the reasons why you want the judge to make certain orders or directions. A witness statement should be factual and state what was seen, heard or felt by the person writing the statement.
An accused person is a person who is charged with an offence, or where criminal proceedings have been brought against them in another way. ' Accused persons have the right to an impartial, free, and fair trial. A victim is a person who is injured or hanned by the unlawful act of another person.
Respect and Recognition. Under the heading access to justice and fair treatment, the United Nations Declaration states: " Victims should be treated with compassion and respect for their dignity." In fact, the first and most fundamental need for victims is recognition. Human dignity is a fundamental right.
Once you have made a victim personal statement you cannot withdraw or change it. However, if you feel you have found further longer term effects of the crime you may be able to make another statement that updates the information provided in the first one.
If there are grounds to believe that a witness will pass their statement to a suspect or their representative, you will need to consider whether this may interfere with the course of justice. If so, you may use your discretion to refuse to provide a copy of the statement at that time.
The victimisation of witnesses Yet everyone knows that witnesses may be suborned to commit perjury — they may be threatened with dire consequences if they tell the truth — they may be punished afterwards for telling the truth.
A person can be compelled (forced) to attend court and give evidence if they have been deemed competent to do so. The exceptions to this rule are the accused themselves, the accused's spouse or civil partner and those not deemed competent to give evidence.
Victim impact statements describe the emotional, physical, and financial impact you and others have suffered as a direct result of the crime. Victim impact statements can be either written or oral statements.
When the judge orders the defendant to pay the victim it is called "restitution. ". If the judge orders the defendant to pay you restitution, there is no guarantee that the defendant will be able to pay you the entire amount ordered.
A PSR includes, among other things, the defendant’s criminal and social history; the details of the crime; the financial, social, psychological, and, if relevant, medical impact of the crime on the victims; and any victim impact statements. The PSR helps the judge determine the proper sentence to impose. Updated December 14, 2020.
Common formats used by victims include, but are not limited to: formal statements, personal narratives, or written letter to the judge .
Finally, it includes a financial loss statement which is used to verify and assess the financial impact of the crime upon you. This information is used by the Judge to determine any money the defendant may have to pay you for expenses you have paid or money you owe because of the crime. When the judge orders the defendant to pay ...
However, any personal identifying information such as the victim’s name is redacted. An oral statement at the sentencing allows the judge to hear your voice and its inflections and to put a face to the crime committed.
Except in limited circumstances, under federal law, victims have the right to not be excluded from public court proceedings, including sentencing. Victims also have the right to be reasonably heard at sentencing. This is done through a Victim Impact Statement.
The Victim Witness Assistance Program provides a variety of services and assistance to victims and witnesses. One of the functions of the program is to provide education regarding the criminal justice process and its participants. Victim Witness staff can also notify victims and witnesses of case events, is able to provide courtroom orientation, and can accompany victims to court proceedings if desired.
In general, victims are provided individual notice of case updates through the Department of Justice’s Victim Notification System. In cases where the number of victims is so large as to make individual notice to victims impractical, the Government may use other methods to communicate with victims, including posting relevant information online. Click on the links below for more detailed information about a specific case:
As a crime victim, you have the following rights under 18 United States Code § 3771: The right to be reasonably protected from the accused. The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding , involving the crime or of any release or escape of the accused.
If you are a victim or a witness, the Victim-Witness Program of the United States Attorney's office can help you understand the rights given to you by law. The United States Attorney 's office is committed to ensuring that crime victims and witnesses are treated fairly by the criminal justice system. This pamphlet will provide answers ...
The Victim-Witness Coordinator at the United States Attorney's office will be your main contact throughout the prosecution phase of the case. Please contact the Coordinator if you have any questions.
The AUSA is ethically bound not to bring criminal charges unless the legally admissible evidence is likely to be enough to obtain a conviction. However, even when the evidence is sufficient, the AUSA may decide that there is not a sufficient federal interest served by prosecuting the particular defendant in a federal case. In many cases, the defendant may be subject to prosecution in another state, local, or tribal court (including a state court for the prosecution of juvenile delinquents) and prosecution in this other forum might be more appropriate than prosecution in federal court.
Victims' rights laws apply to victims whether or not the victim testifies as a witness. The right to be treated with fairness and respect for the victim's dignity and privacy; The right to be reasonably protected from the accused offender; The right to be notified of court proceedings;
When the United States Attorney or the court chooses to dismiss the case after it has been filed with the court, this is called dismissal.
What Happens in Felony Cases. Victims of crime, and other people who have knowledge about the commission of a crime, are often required to testify at a trial or at other court proceedings. The federal criminal justice system cannot function without the participation of victims and witnesses.
Property belonging to victims and being held for evidentiary purposes shall be maintained in good condition and returned to the victim as soon as it is no longer needed.
The Victim/Witness Coordinator can give you information about the court process and case status, your rights, and act as a communication liaison between you and the prosecutor. It is very important that victims and witnesses keep the State’s Attorney’s Office informed of their current phone number and address.
As a result, everyone involved in the case will receive a copy, including the Judge, prosecutor, defendant, defense lawyer, and probation officer.
Restitution reimburses victims in criminal cases, for out-of-pocket expenses, medical bills, property loss or damage suffered by the victim (s) as a result of the criminal conduct. Restitution does not include pain and suffering. If you believe that you are owed restitution, you must inform the State’s Attorney’s Office prior to the completion ...
The Office of Victim Services for the supervision agencies of DPSCS cover detainees in booking and detention facilities in Baltimore City, all state operated prisons and pre-release facilities that house convicted offenders, as well as offenders sentenced by the courts to parole and probation or released from the correctional system on parole or mandatory release. Victim Service staff assist victims who have been impacted by the actions of those under our supervision.
In an impact statement, a victim provides an explanation of how the crime affected you, your family, or even your community. Statements should include: 1 A summary of the harm or trauma suffered by the victim or family as a result of the crime. 2 A summary of the economic loss or damage suffered by the victim as a result of the crime. Include requests for restitution for out-of-pocket expenses. 3 A concise statement of what outcome the victim would like and the reasons to support this opinion, including support for or opposition to treatment or community service programs. 4 Highlights about the victim, past accomplishments, hopes for the future, and what the crime has done to change these activities. 5 The overall effect the crime has had on the victim and family.
If a defendant fails to pay restitution, the State’s Attorney’s Office will make an effort at enforcement procedures against the defendant. However, the judge has discretion to employ alternative sentencing options. Victim Resources.
If you have any safety concerns about appearing in court, please contact a Victim/Witness Coordinator to discuss the matter.
The Victim Witness Services Division is dedicated to ensuring that the needs and the rights of crime victims and witnesses are met through compliance with the law, and with respectful and fair treatment. On January 3, 1989, with the enactment of Article 1, Section 16, Paragraph (b), of the Florida Constitution, the State of Florida became the first state in the nation to change their constitution to include the rights of crime victims.
State Attorney Phil Archer has vowed to continue the tradition of providing the essential elements of Victim’s Rights as outlined in one of the advocacy group’s standards, the Presidential Task Force formed by former President Ronald Reagan.
The State Attorney's Office is staffed with Victim Advocates who provide the following services: Emotional support to victims and witnesses of crime.
Rights of a Crime Victim 1 Notification of the arrest, release or escape of the accused, if possible 2 Advance notice of all court proceedings, if time permits 3 Information on steps concerning freedom from intimidation 4 Notification of scheduling changes 5 Opportunity to have a victim advocate present during depositions 6 Assistance in obtaining the return of recovered property 7 A prompt and timely disposition of the case 8 Prompt notification of the results of court proceedings 9 To be informed, present and heard, when relevant, at all criminal proceedings 10 Assistance in obtaining Crime Victim Compensation, restitution, and other services to which you may be entitled 11 Upon request, notification to your employer and/or school when you must appear in court 12 Opportunity to submit an oral or written impact statement at the time of sentencing
Section 960.001, Florida Statutes, provides legal rights established for crime victims.
As a victim of crime in the State of Florida, you have an important role in the administration of justice. This role involves cooperating with law enforcement in the investigation and possible prosecution of a criminal case. Victims of crime are often called as witnesses in a case. This means you may be required to be present at various stages ...
This means you may be required to be present at various stages of the criminal justice process to provide truthful testimony. It also means that you are entitled to certain rights within the criminal justice system, and to assistance from the State Attorney in asserting these rights.
A Victim Impact Statement is a written or oral statement presented to the court at the sentencing of the defendant. Many times victims, their family members, and friends of the victim participate in both written and verbal statements. More often than not, numerous individuals write letters to the sentencing judge and only a few ...
VSS is compassion, caring, and commitment. Commitment to once justice is done that victims and their families can move forward with their lives.”
It does not have to be a victim advocate, and should be someone you feel comfortable expressing your words. If you submit a letter, this will become part of the court file, the prosecutor’s file and defense file. Victim Impact Statements can also be included in the offender’s Department of Corrections file.
You may want to talk directly to the offender. If this is something you want to do, ask permission from the judge first. You can still say what you need regarding the offender through the judge.
You have a chance to tell the judge how you want sentencing to occur. More often than not, cases conclude by a plea offer. Many times the prosecutor and defense have agreed to a recommended amount of time. The judge is not bound by that agreement.
Presenting a statement is emotional. You may think you know what you want to say but when the time comes, your emotions could take over and your train of thought is lost. If this occurs , you can read directly from your statement. Do have an alternate person that can read your statement in case you cannot finish.
Do ask permission if a picture is part of your statement. More often than not this is allowed, but any visual aids you utilize will need permission from the court first.
Section 960.001 of the Florida Statutes gives a victim, a minor victim's parent or guardian, or the next of kin in a homicide the right to submit a Victim Impact Statement (oral or written) to the Court prior to the sentencing of the defendant.
Your victim advocate can give you the full name of the appropriate Judge, the defendant's name and the court case number to include in your statement. Many victims and their families have found this to be an empowering experience in the Criminal Justice System.
If you or your family members were injured, you may wish to tell the court about the physical impact of this crime. You may wish to: Describe the physical injuries you or members of your family suffered. Describe how long these injuries lasted or how long they are expected to last.
The primary purpose of a witness statement form or a witness statement form sample is to be used as evidence for a certain case or trial. However, a witness statement can also be used for other purposes, such as: 1 It can be used as a means to justify misunderstandings among a group of people. 2 It can be used to clarify any false claims about a certain piece of property or information. 3 It can be used as a means of legally binding what a person said about a certain situation.
Clearly identify yourself as the witness. Identify the location of the event you have witnessed. Specify the time and date of the occurrence. Identify if you have any medical conditions that may affect your ability to remember things. Always end the statement with the line “the statement is true to the best of my knowledge.
Always use a Witness Statement Form Template as a reference when you are going to make your own statement form. When using a witness statement form template, avoid copying the template word for word. Always stick to the truth and avoid using overly complex words. Be as clear as possible in all of your statements.
Drafting a witness statement form is actually quite similar to the process of a financial statement form. This is because both statement forms are typically used as a means of legally stating a certain amount of information that is usually backed up with proven facts.