NCJ Number
81509
Date Published
1981
Length
97 pages
Annotation
This monograph surveys recent State victim/witness legislation to inform leaders and others about legislative developments and to point out advantages and disadvantages of various approaches.
Abstract
The legislation comprises: financial assistance to victims; definition of victims' and witnesses' rights; special protections for certain classes of crime victim; institutionalizing and funding services for victims and witnesses. More than 30 States have set up funds to compensate victims of violent crimes under certain circumstances. In many States, legislation has been offered to encourage the growth of restitution programs, an important source of funds for property crime victims. In another type of crime compensation legislation, the victim can access the offender's income generated by publicity about the crime. Legislation which defines or recognizes victims' and witnesses' rights may consist of victim notification programs (keeping the victim informed of court proceedings status), protection from intimidation, property return, ombudsman services for the victim, counsel for the victim, depositions use, witness compensation, and others. 'Special victim' legislation offers protection for the elderly, children, women, the handicapped, and teachers. This type of legislation may also define a new crime, such as neglecting to report child or elderly abuse, or may institute special procedures, such as protective orders to separate parties in domestic disputes. One of the most controversial forms of such legislation imposes mandatory sentences on those convicted of crimes against certain victim types such as the elderly. For each proposed bill discussed, the text explains the major provisions, benefits and drawbacks, impact on the criminal justice system, and relative cost. The monograph notes recent trends, lists State citations, and gives sample provisions. American Bar Association policies regarding domestic violence and rape are appended along with a bibliography containing 14 citations of victim/witness legislative and policy guides. Chapter references are included.