arti:sec25:start
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+ | Section 25. | ||
- | == Cases == | + | 1. To preserve and protect the right of crime victims to justice, to ensure |
- | - State v. Strom, [[https://www.ndcourts.gov/ | + | crime victims a meaningful role throughout the criminal and juvenile justice |
- | - State v. Rogers, [[https:// | + | systems, and to ensure that crime victims' |
- | - State v. Blue, [[https:// | + | respected and protected by law in a manner no less vigorous than the protections |
- | - State v. Bruce, [[https:// | + | afforded to criminal defendants and delinquent children, all victims shall be |
- | - State v. Kostelecky, [[https:// | + | 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' | ||
+ | |||
+ | b. The right to be free from intimidation, | ||
+ | |||
+ | 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' | ||
+ | |||
+ | e. The right to prevent the disclosure of information or records | ||
+ | that could be used to locate or harass the victim or the victim' | ||
+ | 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' | ||
+ | set reasonable conditions on the conduct of any such interaction to which the | ||
+ | victim consents. Nothing in this section shall abrogate a defendant' | ||
+ | amendment rights under the Constitution of the United States nor diminish the | ||
+ | state' | ||
+ | |||
+ | 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, | ||
+ | disposition, | ||
+ | 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, | ||
+ | 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' | ||
+ | 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' | ||
+ | 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' | ||
+ | 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, | ||
+ | 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, | ||
+ | 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' | ||
+ | |||
+ | </WRAP> | ||
+ | |||
+ | 2. 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' | ||
+ | right shall be clearly stated on the record. | ||
+ | |||
+ | 3. 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, | ||
+ | |||
+ | 4. As used in this section, a " | ||
+ | direct or threatened physical, psychological, | ||
+ | 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, | ||
+ | grandparent, | ||
+ | relationship to the victim that is substantially similar to a listed | ||
+ | relationship, | ||
+ | the accused or a person whom the court finds would not act in the best interests | ||
+ | of a deceased, incompetent, | ||
- | == Parallel Provisions == | ||
- | - South Dakota [[https:// | ||
- | - Ohio [[https:// | ||
- | - Illinois [[http:// | ||
- | - California [[https:// | ||
arti/sec25/start.1548445466.txt.gz · Last modified: 2019/01/25 19:44 by justice