arti:sec25:start
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arti:sec25:start [2019/01/27 04:14] – external edit 127.0.0.1 | arti:sec25:start [2020/07/11 19:30] (current) – external edit 127.0.0.1 | ||
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1. To preserve and protect the right of crime victims to justice, to ensure | 1. To preserve and protect the right of crime victims to justice, to ensure | ||
crime victims a meaningful role throughout the criminal and juvenile justice | crime victims a meaningful role throughout the criminal and juvenile justice | ||
- | systems, and to ensure that crime victims' | + | systems, and to ensure that crime victims' |
respected and protected by law in a manner no less vigorous than the protections | respected and protected by law in a manner no less vigorous than the protections | ||
afforded to criminal defendants and delinquent children, all victims shall be | afforded to criminal defendants and delinquent children, all victims shall be | ||
entitled to the following rights, beginning at the time of their victimization: | 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 | + | <WRAP indent> |
- | victim' | + | a. The right to be treated with fairness and respect for the |
+ | victim' | ||
- | <wrap indent> | + | b. The right to be free from intimidation, |
- | </ | + | |
- | <wrap indent> | + | c. The right to be reasonably protected from the accused and any |
- | person | + | person |
- | <wrap indent> | + | d. The right to have the safety and welfare of the victim and the |
- | victim' | + | victim' |
- | <wrap indent> | + | e. The right to prevent the disclosure of information or records |
- | that could be used to locate or harass the victim or the victim' | + | that could be used to locate or harass the victim or the victim' |
- | which could disclose confidential or privileged information about the victim, | + | which could disclose confidential or privileged information about the victim, |
- | and to be notified of any request for such information or records.</ | + | and to be notified of any request for such information or records. |
- | <wrap indent> | + | f. The right to privacy, which includes the right to refuse an |
interview, deposition, or other discovery request made by the defendant, the | interview, deposition, or other discovery request made by the defendant, the | ||
defendant' | defendant' | ||
set reasonable conditions on the conduct of any such interaction to which the | set reasonable conditions on the conduct of any such interaction to which the | ||
- | victim consents. Nothing in this section | + | victim consents. Nothing in this section shall abrogate a defendant' |
- | amendment | + | amendment rights under the Constitution of the United States nor diminish the |
- | state' | + | state' |
- | <wrap indent> | + | g. The right to reasonable, accurate, and timely notice of, and to |
- | be present at, all proceedings | + | be present at, all proceedings involving the criminal or delinquent |
- | conduct, including | + | conduct, including release, plea, sentencing, adjudication, |
- | disposition, | + | disposition, |
- | implicated.</ | + | implicated. |
- | <wrap indent> | + | h. The right to be promptly notified of any release or escape of |
- | the accused.</ | + | the accused. |
- | <wrap indent> | + | i. The right to be heard in any proceeding involving release, |
plea, sentencing, adjudication, | plea, sentencing, adjudication, | ||
- | during which a right of the victim is implicated.</ | + | during which a right of the victim is implicated. |
- | <wrap indent> | + | j. The right, upon request, to confer with the attorney for the |
- | government.</ | + | government. |
- | <wrap indent> | + | k. The right to provide information regarding the impact of the |
offender' | offender' | ||
- | responsible for conducting any presentence | + | responsible for conducting any presentence or disposition investigation or |
- | compiling | + | compiling any presentence investigation report or recommendation regarding, |
- | and to have any such information considered in any sentencing or disposition | + | and to have any such information considered in any sentencing or disposition |
- | recommendations.</ | + | recommendations. |
- | <wrap indent> | + | l. The right, upon request, to receive a copy of any report or |
record relevant to the exercise of a victim' | record relevant to the exercise of a victim' | ||
- | made confidential by law or unless | + | made confidential by law or unless a court determines disclosure would |
- | substantially interfere | + | 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 | copy of any presentence report or plan of disposition when available to the | ||
- | defendant or delinquent child.</ | + | defendant or delinquent child. |
- | <wrap indent> | + | m. The right, upon request, to the prompt return of the victim' |
- | property when no longer needed as evidence in the case.</ | + | property when no longer needed as evidence in the case. |
- | <wrap indent> | + | 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 | 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 | 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 | been ordered to make restitution shall be first applied to the restitution owed | ||
- | to the victim before paying any amounts owed to the government.</ | + | to the victim before paying any amounts owed to the government. |
- | <wrap indent> | + | o. The right to proceedings free from unreasonable delay, and to a |
prompt and final conclusion of the case and any related post-judgment | prompt and final conclusion of the case and any related post-judgment | ||
- | proceedings.</ | + | proceedings. |
- | <wrap indent> | + | p. The right, upon request, to be informed of the conviction, |
adjudication, | adjudication, | ||
detention, or other disposition of the offender, any scheduled release date of | 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 | the offender, and the release of or the escape by the offender from custody or | ||
- | commitment.</ | + | commitment. |
- | <wrap indent> | + | 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 | all post-judgment processes and procedures, to participate in such processes and | ||
procedures, to provide information to the release authority to be considered | procedures, to provide information to the release authority to be considered | ||
- | before any release decision | + | before any release decision is made, and to be notified of any release |
- | decision | + | decision regarding the offender. The parole authority shall extend the right |
- | to be heard to any person harmed by the offender.</ | + | to be heard to any person harmed by the offender. |
- | <wrap indent> | + | r. The right, upon request, to be informed in a timely |
- | manner | + | manner of any pardon, commutation, |
- | provide information to the governor, | + | provide information to the governor, the court, any pardon board, and |
- | other authority | + | 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 | before a decision is made, and to be notified of such decision in advance of any | ||
- | release of the offender.</ | + | release of the offender. |
- | <wrap indent> | + | 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. | 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 | This information shall be made available to the general public and provided to | ||
- | all crime victims in what is referred to as a Marsy' | + | 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 | 2. The victim, the retained attorney of the victim, a lawful representative of | ||
- | the victim, or the attorney for the government upon request | + | the victim, or the attorney for the government upon request of the victim may |
- | assert | + | assert and seek enforcement of the rights enumerated in this section and any |
- | other right afforded to a victim | + | other right afforded to a victim by law in any trial or appellate court, |
- | or before | + | or before any other authority with jurisdiction over the case, as a |
- | matter | + | 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 | 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 | process of law, and affording a remedy by due course of law for the violation of | ||
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3. The granting of these rights to victims shall not be construed to deny or | 3. The granting of these rights to victims shall not be construed to deny or | ||
- | disparage other rights | + | disparage other rights possessed by victims. All provisions of this |
- | section | + | section apply throughout criminal and juvenile justice processes and are |
self-enabling. This section does not create any cause of action for damages | self-enabling. This section does not create any cause of action for damages | ||
- | against the state, any political subdivision of the state, | + | against the state, any political subdivision of the state, any officer, |
- | employee, | + | employee, or agent of the state or of any of its political |
subdivisions, | subdivisions, | ||
- | 4. As used in this section, | + | 4. As used in this section, a " |
- | direct | + | direct or threatened physical, psychological, |
the commission or attempted commission of a crime or delinquent act or against | the commission or attempted commission of a crime or delinquent act or against | ||
- | whom the crime or delinquent act is committed. | + | whom the crime or delinquent act is committed. If a victim is deceased, |
- | incompetent, | + | incompetent, |
- | grandparent, | + | grandparent, |
- | relationship | + | relationship to the victim that is substantially similar to a listed |
relationship, | relationship, | ||
the accused or a person whom the court finds would not act in the best interests | the accused or a person whom the court finds would not act in the best interests |
arti/sec25/start.1548562497.txt.gz · Last modified: 2019/01/27 04:14 by 127.0.0.1