Crime Victim's Rights Act

Extracted Attributes

• Named After

  Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn

• Jurisdiction

  Federal criminal cases and District of Columbia

• Enactment Date

  2004-10-30

• Legal Citation

  18 U.S.C. § 3771

• Statute Citation

  118 Stat. 2260

• Public Law Number

  Pub. L. No. 108-405

• Number of Substantive Rights

  10 (as identified in the 2024 USSC Primer)

Timeline

• Michigan enacts the Crime Victim's Rights Act (P.A. 87), providing state-level protections and notification requirements. (Source: Michigan.gov)

  1985-01-01

• The federal Crime Victims' Rights Act (CVRA) becomes effective as part of the Justice for All Act. (Source: Wikipedia)

  2004-10-30

• In re Simons (6th Cir.): The court determines that a three-month delay in ruling on a victim's motion can be construed as a denial of CVRA rights. (Source: USSC Primer on Crime Victims Rights)

  2009-01-01

• The Attorney General Guidelines clarify that CVRA rights are guaranteed from the initiation of criminal proceedings until charges are dismissed or the case concludes. (Source: Congressional Research Service (CRS))

  2011-01-01

• United States v. Kasper: A district court confirms that the Dictionary Act's definition of 'person' applies to the CVRA, including corporations as potential victims. (Source: USSC Primer on Crime Victims Rights)

  2014-01-01

Crime Victims' Rights Act

The Crime Victims' Rights Act, (CVRA) 18 U.S.C. § 3771, is part of the United States Justice for All Act of 2004, Pub. L. No. 108-405, 118 Stat. 2260 (effective Oct. 30, 2004). The CVRA enumerates the rights afforded to victims in federal criminal cases and victims of offenses committed in the District of Columbia. The Act grants victims the following eight rights: 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. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding. The right to be reasonably heard at any public proceeding in the district court involving release, plea, 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 in law. The right to proceedings free from unreasonable delay. The right to be treated with fairness and with respect for the victim’s dignity and privacy. The Crime Victims' Rights Act was named for murder victims Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn.

Web Search Results

• Crime Victim's Rights Act - State of Michigan

  In accordance with the act, the Michigan Department of Corrections (MDOC), upon the written request of a victim, must provide notification to victims regarding a prisoner's status during their incarceration. Who Is a Crime Victim? An individual who suffers direct or threatened physical, financial or emotional harm as a result of the commission of a crime is considered a "victim." Other persons such as the spouse, child, parent, sibling, grandparent or guardian may also qualify as a victim if the victim is deceased or is physically unable to exercise the privileges and rights of the victim under the Crime Victim's Rights Act. [...] Supported Browsers Google Chrome Safari Microsoft Edge Firefox Crime Victim's Rights Act # Crime Victim's Rights Act The Crime Victim's Rights Act, P.A. 87 of 1985, as amended, provides certain rights to victims of crimes. The prosecuting attorney is required by law to inform the victim of his or her rights under the terms of the Crime Victim's Rights Act during the pre-conviction process. Victims are required to be notified and consulted during the various steps of the criminal justice process. The crime victim can also submit a written or oral impact statement to the probation officer preparing the pre-sentence investigation report. [...] Under special circumstances, individuals that do not qualify under the definition of a "victim" may receive some notifications outlined in the Crime Victim's Rights Act. You may contact MDOC Crime Victim Services at 517-373-4467 or toll free1-877-886-5401 to determine if you qualify. How Do I Request Notifications? You may request notification by completing a MDOC Crime Victim Notification Request Form. Will My Name and Address Be Kept Confidential? Yes. Crime victims' names and addresses are exempt from disclosure under the terms of the Freedom of Information Act. Follow us

• Crime Victims' Rights Act: A Summary and Legal Analysis of 18 ...

  The Justice Department's Office of Legal Counsel (OLC) believes "the CVRA is best read as providing that the rights identified in Section 3771(a) are guaranteed from the time that criminal proceedings are initiated (by complaint, information, or indictment) and cease to be available if all charges are dismissed either voluntarily or on the merits (or if the Government declines to bring formal charges after the filing of a complaint)."50.") The _2011 AG Guidelines_ make the same point: "[T]he particular charges filed in a case will define the group of individuals with CVRA rights. . . . Absent a conviction, a victim's CVRA rights cease when charges pertaining to that victim are dismissed either voluntarily or on the merits, or if the Government declines to bring formal charges after filing [...] including those directly harmed by an offense one of whose elements is a "scheme, conspiracy or pattern."44(2) (emphasis added) (\"For the purposes of this section, the term ' victim ' means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern . . . .\" ); 18 U.S.C. § 366...") Section 3771 features the restitution statutes' "direct and proximate" cause language, without the "scheme, conspiracy, or pattern" component. [...] Section 3771 lists the right to be reasonably protected from the accused first among its victims' rights. Section 3771's components can be traced to a comparable provision in the 108th Congress-proposed constitutional amendments in most instances. This one is a little different. The constitutional amendment proposals spoke of a right to have judicial decisions made with an eye to victim safety.69 (\"the right to adjudicative decisions that duly consider the victim's safety\"); H.J.Res. 48 (108 th Cong.).") The previous language focused on "adjudicative decisions"; the new language has no such limitation. The earlier language seemed to impose an obligation to guard against threats to victim safety, from whatever source; the new language establishes a right to the victim to be protected

• U.S. Attorneys | Crime Victims' Rights Act - Justice.gov

  (e) DEFINITIONS.--For the purposes of this chapter, the term 'crime victim' means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim's rights under this chapter, but in no event shall the defendant be named as such guardian or representative. (f) PROCEDURES TO PROMOTE COMPLIANCE.-- [...] (b) RIGHTS AFFORDED.--In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record. (c) BEST EFFORTS TO ACCORD RIGHTS.-- [...] (d) ENFORCEMENT AND LIMITATIONS.-- (1) RIGHTS.--The crime victim or the crime victim's lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter. (2) MULTIPLE CRIME VICTIMS.--In a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in subsection (a), the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings.

• [PDF] Primer on Crime Victims Rights

  (a) Rights of Crime Victims. A crime victim has the following rights: (1) The right to be reasonably protected from the accused. (2) 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. . . . . 5 18 U.S.C. § 3771(d)(3); see also In re Simons, 567 F.3d 800, 801 (6th Cir. 2009) (the district court’s unexplained three-month passage of time without ruling on a victim’s motion can be construed as an effective denial of rights under the CVRA). 6 See 18 U.S.C. § 3771(a)(2), (a)(4), (a)(6). 7 Id. § 3771(e)(2)(A). Case law interpreting the CVRA’s direct and proximate cause requirements is discussed in detail in Section III. 8 1 U.S.C. § 1. The Dictionary Act provides [...] in Section III. 8 1 U.S.C. § 1. The Dictionary Act provides definitions of terms, such as “person,” used “[i]n determining the meaning of any Act of Congress, unless the context indicates otherwise.” Id.; see also United States v. Kasper, 60 F. Supp. 3d 1177, 1178 (D.N.M. 2014) (where “person" is not specifically defined in the CVRA, the default definition in the Dictionary Act applies). 9 For ease of reading, this primer employs the term “person” when discussing CVRA victims, notwithstanding the fact that a victim can be an institutional entity. See 1 U.S.C. § 1. 10 See id. Such governmental agencies may, however, qualify for restitution as a “victim” under parallel restitution statutes. See, e.g., 18 U.S.C. § 3664(i); United States v. Ekanem, 383 F.3d 40, 42–43 (2d Cir. 2004) (the [...] offense or an offense in the District of Columbia.”7 The CVRA does not further define “person”; thus, the scope of that term is informed by the Dictionary Act, 1 U.S.C. § 1, which provides that “the word[] ‘person’ . . . include[s] corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals.”8 As a result, in addition to individuals, most entities, will be considered “victims” for CVRA and sentencing purposes.9 The term “victim” does not, however, include the federal government or any state, local, tribal, or foreign government or agency thereof.10 The statute affords victims ten substantive rights. Seven of these rights are directly applicable to sentencing proceedings: (a) Rights of Crime Victims. A crime victim has the

• [PDF] Crime Victims' Rights Act of 2004 and the Federal Courts (Oct. 24 ...

  the court, may assume the crime victim’s rights under this chapter.” Note that a defendant convicted of a capital offense will usually be sentenced by a jury. It seems that a victim’s “right to be reasonably heard at . . . sentencing” would have to be before this jury to be meaningful. [...] or any parole proceeding. (5) The reasonable right to confer with the attorney for the Government in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim’s dignity and privacy. (b) Rights afforded.—In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before making a determination described in subsec-tion (a)(3), the court shall make every effort to permit the fullest attendance pos-sible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any [...] O. Organizational “victims” Do companies or other organizations have rights under the CVRA? The definition of “victim” in section 3771(e) refers only to “a person,” and the alternates who may assume the rights of an incapacitated victim are also individuals. However, organizations are not specifically excluded. A related statute, 42 U.S.C. § 10607(e), includes “an institutional entity” in its definition of a victim.