Victims’ Rights in the Federal Justice System
The United States Constitution affords no specific protections for crime victims within the criminal justice context. However, federal statutory protections exist under the Crime Victims’ Rights Act (CVRA), which was enacted in 2004 and is applicable to federal criminal cases.
Under the CVRA, “a crime victim has the following 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 be excluded from any such public court proceeding, unless the court…determines that testimony by the victim would be materially altered if the victim heard the testimony at that proceeding;
- The right to be reasonably heard at any public proceeding in the district court [the trial court in the federal system] 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 right to be informed in a timely manner of any plea bargain or deferred prosecution agreement;
- The right to be informed of the rights under this section..."1
The CVRA requires the trial court to “ensure that the crime victim is afforded the rights” listed above and “make every effort to permit the fullest attendance possible by the victim.”2 Under the CVRA, federal prosecutors must make their “best efforts to see that crime victims are notified of, and accorded the rights” listed above and must advise crime victims of their right to seek the advice of their own attorney with respect to these rights.3
Disclaimers and Footnotes
1. 18 U.S.C. 3771.
2. 18 U.S.C. 3771(b).
3. 18 U.S.C. 3771(c)(1), (2).