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--- arti:sec25:start [2019/01/25 19:44] – created justice
+++ arti:sec25:start [2020/07/11 19:30] (current) – external edit 127.0.0.1
@@ Line 1: / Line 1: @@
+Section 25.
-== Cases ==
+. To preserve and protect the right of crime victims to justice, to ensure
-  - State v. Strom, [[https://www.ndcourts.gov/_court/opinions/20180167.htm|2019 ND 9]]
+crime victims a meaningful role throughout the criminal and juvenile justice
-  - State v. Rogers, [[https://www.ndcourts.gov/_court/opinions/20170389.htm|2018 ND 244]]
+systems, and to ensure that crime victims' rights and interests are
-  - State v. Blue, [[https://www.ndcourts.gov/_court/opinions/20170387.htm|2018 ND 171]]
+respected and protected by law in a manner no less vigorous than the protections
-  - State v. Bruce, [[https://www.ndcourts.gov/_court/opinions/20170226.htm|2018 ND 45]]
+afforded to criminal defendants and delinquent children, all victims shall be
-  - State v. Kostelecky, [[https://www.ndcourts.gov/_court/opinions/20170291.htm|2018 ND 12]]
+entitled to the following rights, beginning at the time of their victimization:
+<WRAP indent>
+a. The right to be treated with fairness and respect for the
+victim's dignity.
+b. The right to be free from intimidation, harassment, and abuse.
+c. The right to be reasonably protected from the accused and any
+person acting on behalf of the accused.
+d. The right to have the safety and welfare of the victim and the
+victim's family considered when setting bail or making release decisions.
+e. The right to prevent the disclosure of information or records
+that could be used to locate or harass the victim or the victim's family, or
+which could disclose confidential or privileged information about the victim,
+and to be notified of any request for such information or records.
+f. The right to privacy, which includes the right to refuse an
+interview, deposition, or other discovery request made by the defendant, the
+defendant's attorney, or any person acting on behalf of the defendant, and to
+set reasonable conditions on the conduct of any such interaction to which the
+victim consents. Nothing in this section shall abrogate a defendant's sixth
+amendment rights under the Constitution of the United States nor diminish the
+state's disclosure obligations to a defendant.
+g. The right to reasonable, accurate, and timely notice of, and to
+be present at, all proceedings involving the criminal or delinquent
+conduct, including release, plea, sentencing, adjudication, and
+disposition, and any proceeding during which a right of the victim is
+implicated.
+h. The right to be promptly notified of any release or escape of
+the accused.
+i. The right to be heard in any proceeding involving release,
+plea, sentencing, adjudication, disposition, or parole, and any proceeding
+during which a right of the victim is implicated.
+j. The right, upon request, to confer with the attorney for the
+government.
+k. The right to provide information regarding the impact of the
+offender's conduct on the victim and the victim's family to the individual
+responsible for conducting any presentence or disposition investigation or
+compiling any presentence investigation report or recommendation regarding,
+and to have any such information considered in any sentencing or disposition
+recommendations.
+l. The right, upon request, to receive a copy of any report or
+record relevant to the exercise of a victim's right, except for those portions
+made confidential by law or unless a court determines disclosure would
+substantially interfere with the investigation of a case, and to receive a
+copy of any presentence report or plan of disposition when available to the
+defendant or delinquent child.
+m. The right, upon request, to the prompt return of the victim's
+property when no longer needed as evidence in the case.
+n. The right to full and timely restitution in every case and from
+each offender for all losses suffered by the victim as a result of the criminal
+or delinquent conduct. All monies and property collected from any person who has
+been ordered to make restitution shall be first applied to the restitution owed
+to the victim before paying any amounts owed to the government.
+o. The right to proceedings free from unreasonable delay, and to a
+prompt and final conclusion of the case and any related post-judgment
+proceedings.
+p. The right, upon request, to be informed of the conviction,
+adjudication, sentence, disposition, place, and time of incarceration,
+detention, or other disposition of the offender, any scheduled release date of
+the offender, and the release of or the escape by the offender from custody or
+commitment.
+q. The right, upon request, to be informed in a timely manner of
+all post-judgment processes and procedures, to participate in such processes and
+procedures, to provide information to the release authority to be considered
+before any release decision is made, and to be notified of any release
+decision regarding the offender. The parole authority shall extend the right
+to be heard to any person harmed by the offender.
+r. The right, upon request, to be informed in a timely
+manner of any pardon, commutation, reprieve, or expungement procedures, to
+provide information to the governor, the court, any pardon board, and
+other authority in these procedures, and to have that information considered
+before a decision is made, and to be notified of such decision in advance of any
+release of the offender.
+s. The right to be informed of these rights, and to be informed
+that victims can seek the advice of an attorney with respect to their rights.
+This information shall be made available to the general public and provided to
+all crime victims in what is referred to as a Marsy's card.
+</WRAP>
+. The victim, the retained attorney of the victim, a lawful representative of
+the victim, or the attorney for the government upon request of the victim may
+assert and seek enforcement of the rights enumerated in this section and any
+other right afforded to a victim by law in any trial or appellate court,
+or before any other authority with jurisdiction over the case, as a
+matter of right. The court or other authority with jurisdiction shall act
+promptly on such a request, ensuring that no right is deprived without due
+process of law, and affording a remedy by due course of law for the violation of
+any right. The reasons for any decision regarding disposition of a victim's
+right shall be clearly stated on the record.
+. The granting of these rights to victims shall not be construed to deny or
+disparage other rights possessed by victims. All provisions of this
+section apply throughout criminal and juvenile justice processes and are
+self-enabling. This section does not create any cause of action for damages
+against the state, any political subdivision of the state, any officer,
+employee, or agent of the state or of any of its political
+subdivisions, or any officer or employee of the court.
+. As used in this section, a "victim" is a person who suffers
+direct or threatened physical, psychological, or financial harm as a result of
+the commission or attempted commission of a crime or delinquent act or against
+whom the crime or delinquent act is committed. If a victim is deceased,
+incompetent, incapacitated, or a minor, the victim's spouse, parent,
+grandparent, child, sibling, grandchild, or guardian, and any person with a
+relationship to the victim that is substantially similar to a listed
+relationship, may also exercise these rights. The term "victim" does not include
+the accused or a person whom the court finds would not act in the best interests
+of a deceased, incompetent, minor, or incapacitated victim.
-== Parallel Provisions ==
-  - South Dakota [[https://sdlegislature.gov/Statutes/Constitution/DisplayStatute.aspx?Type=Statute&Statute=0N-6-29|Article 6, Section 29]]
-  - Ohio [[https://www.legislature.ohio.gov/laws/ohio-constitution/section?const=1.10a|Article I, Section 10a]]
-  - Illinois [[http://www.ilga.gov/commission/lrb/con1.htm|Article I, Section 8.1]]
-  - California [[https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS&sectionNum=SEC.%2028.&article=I|Article I, Section 28]]