|
|
|
Overview of Victims' Rights
|
California voters in June 1982 enacted a constitutional "Victims' Bill of Rights" that includes a right not only to restitution from the wrongdoers for financial losses suffered as a result of criminal acts, but also a right for victims to be heard in criminal justice proceedings. Here are some of the highlights of victim's rights:
Right to keep address confidential. In cases of child abuse, spousal abuse and sex crimes, and victims have a right to have their addresses kept confidential. Their addresses may be given only to the attorney for the defendant, but will not appear on any forms or public documents.
Right not to be threatened or intimidated. If anyone threatens you, call your law enforcement agency to report the threat and contact the prosecutor immediately. It is a crime for anyone to attempt to dissuade or prevent you from assisting law enforcement agencies or prosecutors or from attending or giving testimony at any trial or proceeding authorized by law. It is a felony if any such efforts involve coercion, threats or force, or are done for financial gain.
Right to attend and speak at sentencing hearing. Crime victims are entitled to appear at the sentencing hearing and to speak on matters concerning the crime, the penalty and the need for restitution. You do not need to be present at the sentencing proceeding, but you have a right to attend if you wish and to reasonably express your views. The law requires that the county probation department notify you of the sentencing hearing for felony cases. Practically speaking, you will want to contact the prosecuting district attorney to let him or her know of your wish to speak at the sentencing hearing. You have a right to be informed of the sentence recommended by the probation officer to the court, but you may not view the actual probation report prior to sentencing. However, the Penal Code Section 1203.05(a) permits you to inspect the probation report within 60 days after the judgment is pronounced. You may want to write out a statement that you can read at the hearing or submit it in writing. You also may want to consider submitting a videotape. Those who have spoken at such hearings say they were given a restored sense of control and appreciated the active role in the criminal justice system.
Right to attend and speak at parole hearings. Victims have a right to make a statement at parole hearings. Parole hearings are held for prisoners serving an indeterminate term such as 15 years to life. . You may want to write out a statement that you can read at the hearing or submit it in writing. You also may want to consider submitting a videotape. Those who have spoken at such hearings say they were given a restored sense of control and appreciated the active role in the criminal justice system.
To be notified of parole hearings and to make a statement, you must send a written request to:
Board of Prison Terms
Victims' Assistance Program
428 J Street, Sixth Floor
Sacramento, CA 95814
(916) 327-5933
If the offender was sentenced by the California Youth Authority, you must send your written request to:
California Youth Authority
Office of Prevention and Victims' Services
4241 Williamsborough Drive
Sacramento, CA 95823
(916) 262-1392
Restitution and return of property. Victims have a right to restitution from the person who is convicted of a misdemeanor or felony where the victim suffered economic loss a result of the offender's conduct. The prosecuting attorney has an opportunity to assist in these assessments. The requirements are specified in Penal Code section 1202.4(b). If seeking the return of property, you may want to contact your local victim/witness assistance center for help in determining if your property can be returned to you. In some cases, it may take a while to have the property returned because they may be needed as evidence in court. |
|
|
|