NCJ Number
90118
Date Published
1983
Length
13 pages
Annotation
Stephens discusses the Department of Justice's implementation of the Victim and Witness Protection Act of 1982, which provides for certain protections and services for victims and witnesses.
Abstract
The Department of Justice's implementation efforts have focused on those provisions of the act dealing with the victim impact statements, obstruction of justice offenses, and victim restitution. The act requires that effective March 1, 1983, presentence investigations include a determination of the impact of the offense on the victim, with such impact to be described in the presentence report. Justice Department prosecutors have been advised of their obligations to be an advocate for the victim at the time of sentencing to ensure that the court is aware of the extent of the victim's injuries. The obstruction-of-justice provisions of the act mandate improvements for the protection of witnesses who may be threatened or intimidated. Prosecutors have been encouraged to use the new provisions to prosecute any persons who interfere with or intimidate witnesses. Section 7 of the act requires that the Attorney General report to Congress within a year of enactment regarding legislation to ensure that a Federal felon derives no profit from crimes until victims have received restitution. This issue is currently under consideration. The Department is currently finalizing instructions to prosecutors regarding legislation to ensure that a Federal felon derives no profit from crimes until victims have received restitution. This issue is currently under consideration. The Department is currently finalizing instructions to prosecutors regarding the restitution provisions of the act. Section 6 of the act directs the Attorney General to issue guidelines for the fair treatment of victims and witnesses. Draft guidelines are now undergoing final review prior to issuance in early July. Areas expected to be covered by the guidelines are briefly discussed.