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ADVOCACY
NOVA places a
high priority on
ensuring that
victims are
afforded their
rights and given
fair treatment
by the criminal
and civil
justice systems
and by others
such as medical
facilitators and
creditors. NOVA
staff members
will advocate on
behalf of
individual
victims, with
their
concurrence and
input, to help
ensure that
their rights are
not violated and
that they are
not subjected to
other adverse
actions because
of their
victimization.
Every state
and some of the
U.S. territories
have a Victims
Bill of Rights
(a set of laws
for crime
victims). Each
state’s Bill is
slightly
different, but
all of them
focus generally
on seven main
principles:
- Victims
and
witnesses
have a
right to
protection
from
intimidation
and harm
(for
example, the
victim
should have
a safe
waiting area
in the
courthouse,
and the
offender
should not
be able to
threaten or
hurt the
victim again
--
physically,
emotionally,
financially
or
socially).
- Victims
and
witnesses
have a
right to be
informed
about the
criminal
justice
process
(for
example, the
victim
should know
what is
happening
with the
police
investigation,
if and when
a trial will
take place,
and be told
about their
rights as
crime
victims).
- Victims
and
witnesses
have a
right to
counsel
(for
example, the
victim
should be
able to talk
to a
prosecutor
or a victim
advocate
about the
criminal
justice
process,
including
the victim’s
right to
participate
in the
process and
to get help
to prepare a
Victim
Impact
Statement,
and to a
counselor
who can
provide
emotional
support).
- Victims
and
witnesses
have a
right to
reparations
(for
example, in
many cases,
the victim
may be
eligible to
receive
compensation
or
restitution
as repayment
for their
expenses).
Crime Victim
Compensation
is paid to
the victim
or to a
victim’s
creditors
out of a
special fund
in each
state, and
is described
in more
detail in
the section
on "Types of
Services
Generally
Provided."
Restitution
occurs when
the judge
orders the
offender to
repay the
victim.
- Victims
and
witnesses
have a
right to
their
property and
their job
(for
example, the
victim’s
property
should be
returned
promptly if
the police
find it or
if it is
taken as
evidence,
and they
should not
lose their
job because
of the
crime).
- Victims
and
witnesses
have a
right to due
process in
criminal
court
proceedings
(for
example,
victims
should have
rights
similar to
those of
offenders,
and should
be treated
fairly).
Victims
and
witnesses
have a
right to be
treated with
dignity and
compassion
(for
example,
victims
should be
treated with
respect).
As of 2001,
33 states have
also amended
their State
Constitutions to
further ensure
that victim
rights are
enforced. State
Constitutional
Amendments for
Crime Victims
help to protect
victims in the
event they do
not receive the
rights they are
entitled to
under the State
Victims Bill of
Rights. It is
possible that
one day, there
will be an
amendment to the
United States
Constitution
that will give
all victims the
same protection.
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