, U.S. Department of Justice r Bureau of Justice Sta.tisties r ________________________________________________'. • "', • ~ ..~ , __________• C<~~~,iII ~". New State Laws and the System's Response Victim and Witness Assistance Traditionally, the criminal justice system in this country has been offender­ May 1983 oriented, focusing on the apprehension, prosecution, punishment and rehabilitation The administration of American President's Task Force on Victims of of wrong doers. Victims and witnesses criminal justice has acquired a new Crime-it is clear that a substantial have been considered only when they play focus: victim and witness assistance. alteration is expected in the practices i a role in the identification and prosecu­ In seeking the cooperation of victims of police, prosecutors, judges, probation i tion of offenders. The justice system and witnesses, criminal justice agencies and parole officials, members of the I cannot function without tire assistance are increasingly sensitive to the need of bar, and health and support agencies. l and cooperation of victims and witnesses, victims for information, notification, Requirements for notifying victims of yet little if any recognition has been given' compensation, participation, and simple the status of their cases, for reflecting l~ to their rights and less has been done to , understanding. Concerns of victims, the views and experiences of victims, irrb assist them in overcoming the frustrations witnesses, and their extended families and for facilitating the participation of i~ and economic sacrifices that involvement are here framed in the context of issues victims at each stage of the criminal in criminal proceedings causes. treated by the Bureau of Justice proceeding will place new burdens on I~ This attitude has begun to change in Statistics over the past decade- both law enforcement and social ! the last decade, particularly in the last (1) developing computer-based service agencies. Policymakers at all few years. A strong national victim and information systems .in support of levels of government as well as the witness assistance movement has had operational law enforcement agencies, major participants in the criminal remarkable success in establishing pro­ (2) acquiring statistical data for justice system-law enforcement, grams to assist victims and witnesses national purposes from such systems courts, and corrections-will need to and in increasing the public's awareness and from other administrative records, ponder their responses to the of their problems and rights. Hundreds and (3) assuring the privacy and expectations of the victim assistance of local assistance programs have been security of data present in such systems movement. established throughout the country to and records. On the next page is a statement by respond to the special needs of crime When the expectations of the victim Lois Haight Herrington, Assistant victims and witnesses. Community or­ assistance movement are reviewed­ Attorney General Designate. ganizations, church groups, bar associa­ expectations best summarized in Steven R. Schlesinger tions, service ,groups and national lobbying the December 1982 report of the Director groups have beel1 active in the field. At . the national level the President last year appointed a Task Force on Victims of neceSsary,however, to ensure that the witnesses. To ,ensure program effective­ .ICrime and the Congress enacted the Fed­ broad scope of victim/witness concerns ness, such data must be accurate, eral Victim and Witness Protection Act are met in a comprEihensive and effective complete and timely. of 1982. manner in all jurisdictions. There will also be an added demand for State legislatures have been active in The implementation of new programs in statistical information about criminal ! responding to victim and witness needs. this area will impose substantial operating victimization and victim/witness programs Legislatures in 38 states have enacted demands upon all coml?onents of the for use in research and plal1fling as well as measures to provide compensation to criminal justice system. For this reason, in evaluating existing programs and victims of crime. Others have enacted it is critical th~t prompt recognition be services. Since the mission of the Bureau \ specific authority for courts to order given to the technical, administrative and of Justice Statistics includes the criminal offenders to make restitution to policy changes which may be required in collection and production of statistiCal their victims. states have also enacted order to ensure that new programs meet data of this type, this agenl!y is interested legislation to' assist victims and witnesses the objectives established in (lurrent and in the victim/witness movement and has " in understandil,lg and participating in the future vicUm/witness legislation. monitored its progress. criminal justice process. A few states Specifically, the new programs will Provision must be made also to ensure have enacted comprehensive legislation require rapid availability of information that policies regulating data disclosure are recognizing a "bill of rights" for crime describing the criminal justice process and modified where necessary to best balance victims and witnesses. Further efforts are the individuals involved as victims' and/or the data needs of 'Victim/witness progl1ams t '. ..'• it' 4.' • ';. .' ..' • " • ~ ~... '. .. " ~ .. .." ~ sin and Maryland) impose a surcharge to a subpoena in a criminal case and consider the extent of the injury to the We as a nation are faced with a victims whose personal tragedies should and brought to justice. People are on convicted offenders to support court would require the employer to compensate victim in imposing sentence. Some states dangerous and often deadly menace. be the focus of our concern. victimized in their homes or on the administration of the restitution program. the employee for time lost in court appear­ (California, for example) permit the victim It affects everyone of us regardless Untold hours and uncounted millions street and then the more insidious ances. The Wisconsin statute protects to make an oral presentation in court; of our age, race, gender or economic of dollars have been spent trying to victimization begins when the criminal Lien on offender profits the employee's job but does not require in other states the presentence report group. While some are more vulnerable understand and reform the criminal. justice system starts to grind away at the employer to pay for time lost in court is required to include a "victim impact than others, none of us is immune, no Yet often little or nothJng has been them. A number of states (including Georgia, appearances unless the crime is work­ statement" prepared by the victim or matter who we are or where we live. done to assist the innocent victim. This indifference to the suffering of Illinois, New YOl'k, Oklahoma, South related. The Illinois law specifically a probation officer. Indiana law permits This threat is violent crime. When a child is brutalized, when an the innocent must stop. We must Carolina and Tennessee) have enacted states that it does not require the employer the victim to offer his views on any recom­ Every 23 minutes one of us is mur­ elderly person is robbed and knocked to restore a balance to a system that tries legislation granting victims access to to pay for lost time. mended plea bargain. California permits dered. Every 6 minutes a woman is the ground breaking a hip, when a to be both responsive and fair but is income generated by offenders as a result victims to appear personally or by counsel raped. While you read this, two woman is raped and tortured, their lives often neither. We must bear in mind of publicity about their crimes. The Recognition of the rights of vi~:lms at parole hearings and requires the parole Americans will be robbed and another are forever changed. In a moment or that when we take the justice out of legislation generally provides that any and witnesses board to consider the victim's statement two will be shot or stabbed or seriously an hour of terror honest people lose the criminel justice system we ieave profits made by an offender through in reaching a parole decision. South Caro­ beaten. Yet only 9% of the crimes property; suffer injuries that may last a behind a system that serves only the books, articles, movies or other publications In addition to pl'oviding financial assis- lina requires the victim's recommendations reported to police in four major states lifetime; sustain physical scars that criminal. exploiting the criminal offense shall tance to victims and witnesses, most states to be considered before an offender is resulted in a criminal going to jail or may mar them forever; become Lois Haight Herrington be paid into an escrow fund to cover have enacted bills that seek to assist such admitted to a pretrial intervention pro­ prison. These numbers capture our incapacitated and unable to work; or, in Chairman, President's Task successful civil judgments by victims persons in their dealings with the criminal gram. attention, but when we focus on the the most tragic cases, leave behind a Force on Victims of Crime; of the crime. Victims are given periodic justice system. These reforms include numbers, we forget the central fact family to mourn, pay funeral expenses Assistant Attorney General notice of the existence of the fund. victim and witnes.~ notification, protection Protection of victims and witnesses that for every statistic there are and wait years to see the killer tried Designate ~omm~nl~, if no v~c~im ci,-:i1 action is of witnesses from intimidation, providing from intimidation flIed wlthtn a speCifIed perlOd, the funds counselor ombudsmen for victims facili- are paid into the state's victim compensation tating the participation and impac't of Intimidation of victims and witnesses to prevent or discourage them from cooper­ fund. victims in criminal proceedings and in­ ating in the prosecution of criminal cases and the privacy interests of individual restitution programs under which offenders Some states have created new agenci('<; creased use of depositions in lieu of court victims and witnesses.