Module 3 explained the rights typically conferred upon crime victims by federal and state laws, although they vary greatly from jurisdiction-to-jurisdiction.  Some states recognize that victims have standing (explained in Modules 2 and 3) to assert their rights during a criminal case while other jurisdictions are not quite so clear.  Advocates must be aware of crime victims’ rights laws in their state. See Module 3 and consult your agency’s state-specific supplemental guide regarding crime victims’ rights laws, constitutional and/or statutory, in your state. 

In any instance in which a victim is not being afforded any one of their rights, advocates should encourage and support the victim in obtaining legal advice/representation. The best course of action for asserting victims’ rights may require a careful—perhaps complicated—legal analysis.  Victims’ counsel can assess the best legal avenue for enforcing victims’ rights.  Because there are myriad ways any of victims’ rights can be impacted, it is impossible to provide a list of all scenarios in which victims should be referred to legal counsel.

An example: As Module 3 explained, crime victims often have a right to be heard, which often includes the right to make a victim impact statement at sentencing.  This right couples with another commonly afforded right of notice.  Logically, if one is not informed of an upcoming sentencing hearing one cannot appear, prepared to present their victim impact statement.  In instances in which victims are not informed—or afforded an opportunity—to make a victim statement and a sentence is imposed without the victim’s input, advocates should encourage and support the victim in seeking legal advice/representation.  

Other common victims’ rights that civil legal counsel can be helpful in asserting include undue delay in the proceedings, victims’ right to confer with the prosecution (especially regarding plea negotiations), victims’ rights to be informed of decisions on the case and upcoming case events.