Victim
Assistance home
Rights
of Federal Crime Victims
The victims rights movement of the 1970s and 1980s
resulted in the creation of many programs designed
to assist victims of crime and in the passage of
laws at the local, state, and federal level establishing
certain rights for victims. These rights and services
vary somewhat from state-to-state, depending upon
the laws of each state and available resources.
State and local authorities investigate crimes
which are violations of state criminal laws. Most
crimes investigated by the FBI involve violations
of the United States Federal Criminal Code. Victims
of federal crimes are entitled to certain rights
and services according to federal law.
Crime victims' rights means
the eight rights which are included in Section 3771
of Title 18 of the U.S.
Code, Crimes and Criminal Procedure. These rights
are:
-
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
any release
or escape of the accused;
-
The right
not to be excluded from any such public
court proceeding, unless the
court, after
receiving clear and convincing evidence,
determines that testimony by the victim
would be materially
altered if the victim heard other testimony
at the proceeding;
-
The right to
be reasonably heard at any public proceeding
in the district
court
involving release,
plea, [or] 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, and
-
The right
to be treated with fairness
and with
respect for the
victim's dignity
and privacy.
For purposes of these rights and services, victims
are defined in specific ways in the law. A crime
victim means a person who has been directly and
proximately harmed (physically, emotionally, or
financially) as a result of the commission of a
federal offense or an offense in the District of
Columbia. In the case of a crime victim who is
under 18 years of age, incompetent, incapacitated,
or deceased, the legal guardians of the crime victim
or the representatives of the crime victim's estate,
family members, or any other persons appointed
as suitable by the court may assume the crime victim's
rights, as long as that person is not a defendant
in the crime being investigated or prosecuted.
Foreign citizens may be victims in some cases.
Businesses, corporations, and nonprofit organizations
can be eligible victims, and an authorized representative
of the entity should be designated for purposes
of notification. A government agency or entity
is not considered a victim for purposes of these
rights.
Most of these rights apply after charges have
been filed by a U.S. Attorney's Office. The FBI's
responsibility for assisting victims is continuous
until the investigation is closed or until it is
turned over to a U.S. Attorney’s Office for
prosecution.
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