A victim of crime should be well aware of their rights before ever entering a court room. The most fundamental right of a crime victim is the right to be kept informed by the criminal justice system. Are you aware of your rights? Know your rights!
YOU HAVE THE RIGHT TO:
Be informed about whether an arrest has been made
Be heard in decisions about the defendant's release on bond
Be informed about the defendant's release on bond
Discuss the case with the prosecutor's office
Be involved in the decision to drop the case
Read the presentence reports related to the crime
Discuss whether the defendant's plea is to a lesser charge or should be accepted
Be present during the grand jury hearing
Be involved in the decision about what sentence should be given
Be informed about postponement of grand jury hearings
Give a victim impact statement before sentencing.
Give a victim impact statement during the defendant's parole hearing
Be informed about the earliest possible release from incarceration
VictimConnect Resource Center serves victims of any crime anywhere in the United States. Contact VictimConnect by phone, online chat or use their online resources tool. A Victim Assistant Specialist can help you today!
RAINN (Rape, Abuse & Incest National Network) is the nation's largest anti-sexual violence organization. RAINN created and operates the National Sexual Assault Hotline. Free and Confidential 7 days a week, 24 hours a day 800.656.HOPE.
When courts act with fairness, people are more likely to respect the law. But it is not enough for courts to simply act impartially: they must be seen to be fair. And, counter-intuitively, research has shown that being seen to be fair is less about the decisions that courts make and more about how they make those decisions.
Experts often refer to this as “procedural fairness” – the fairness of the court’s procedures and practices. Their research has shown that if courts are respectful, neutral, easy to understand and give people involved in the case to have a voice, they can build trust in the law for others. It is this trust which causes people to comply with court orders, to co-operate with the police and ultimately to obey the law.
Why should procedural fairness matter to the courts?Research strongly supports the conclusion that enhancing procedural fairness also improves a victim's experience and long-term recovery, regardless of a particular outcome. When they perceive fairness and respect from the court, victims are also more likely to engage meaningfully in the court process.
What does procedural fairness mean for courts? Here are some key points about procedural fairness in courts:
Understanding:Members of the public feel fairly treated when they understand what happens in court and how court decisions impact them. Simplifying complex processes and avoiding jargon can enhance understanding.
Dignity and Respect: Treating individuals with dignity and respect matters. Simple gestures like addressing people by name and making eye contact contribute to a sense of respect.
Neutrality and Unbiased Decisions: Courts appear neutral when they explain the reasoning behind their decisions. Ensuring that court staff maintain appropriate relationships with prosecutors and police officers is crucial.
Voice in the Process: Allowing victims to share impact statements and giving defendants opportunities to address the court directly fosters a sense of inclusion.
It is not enough to be fair; citizens must perceive that the process is fair. Extensive research indicates that the key is providing “procedural fairness.” Thus, making an extra effort to ensure that those who come before the courts feel like they have a voice in the proceedings, that they understand what is happening, and that the judge respects them and is making unbiased decisions. It means making them feel like they are more than just a name on a docket!
The criminal justice system involves many moving parts and many opportunities for victims’ rights abuse. A crime victim must advocate for their victims’ rights from the moment a crime was committed against them, giving their first statement until sentencing and throughout the court proceedings.
Procedural Fairness Resources for Court Officers and Personnel
To know more about Procedural Fairness, Judicial Officers and Court Personnel can click the link below to register for a free one-hour online course.
Rhonda Hunnel is the mother of Regina Krieger, who went missing February 1995 from her home in Burley, Idaho. She was only 14 years old at the time of her disappearance. Regina's body was discovered nearly two months after her disappearance, along a rocky bank of the Snake River. Over two decades later, not only did the case go cold, but Rhonda also experienced countless violations of her rights by our criminal justice system while seeking justice for her daughter and prosecution of the killer. In 2021, 26 years later, Regina's killer was finally brought to justice. Rhonda has made it her life mission and purpose to educate victims of their rights and also help victims understand and navigate the criminal justice system. She understands the emotional, physical, psychological and financial ramifications that a criminal case can inflict upon a victim of crime and their family.
She believes that it is an inherent right of all victims to be treated with Fairness, Respect, Privacy and Dignity. Victim's rights start immediately, at the very moment they became a crime victim.
Click the link below for more details surrounding the murder of Regina Krieger