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Access and Fairness
Victims
FAQs




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How are victims compensated for crimes committed against them?

All 50 states, the District of Columbia, and the Virgin Islands operate victim compensation programs. These programs are funded in part by federal funds through the Crime Victims Fund, which was established through the Victims of Crime Act of 1984.  Most victim compensation programs are administered through each state's attorneys general's office.

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Are there limits to the amount and kind of compensation?

Victim compensation programs have a maximum amount that can be paid for each claim, which varies from state to state and can range from $10,000 to $100,000. For example, most states allow a claim of no more than $3,000 for funeral expenses. In addition, for many states, the maximum total recovery amount cannot exceed $25,000.

Compensation programs provide financial assistance to victims for nearly every type of violent crime, including rape, robbery, assault, sexual abuse, drunken driving, and domestic violence. The programs pay for expenses such as medical and dental expenses, counseling costs, lost wages or support, and, in cases of homicide, funerals and burial expenses. With a few exceptions, however, they do not cover lost, stolen, or damaged property. Most programs cover a basic core of offenses, although eligibility requirements and specific benefits of compensation programs vary somewhat by state.

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What rights do crime victims have?

States have passed many laws that protect the rights of crime victims. Thirty-two states have included crime victims’ rights in their state constitutions. The scope of these victim rights' amendments varies by state. Many are limited to victims of felonies or victims of violent offenses, and a few include victims of juvenile offenders. Most give the legislature final authority to define the scope of the amendment. Crime victims have several "core" rights, including:

  • The right to attend criminal justice proceedings;
  • The right to apply for compensation;
  • The right to be heard and to participate in criminal justice proceedings;
  • The right to be informed of proceedings and events in the criminal justice process, of legal rights and remedies, and of available services;
  • The right to protection from intimidation and harassment;
  • The right to restitution from the offender;
  • The right to prompt return of personal property seized as evidence;
  • The right to a speedy trial; and
  • The right to enforcement of these rights.

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What is a victim impact statement? When are they used?

A victim impact statement is when a victim, victim's family, or both are given the opportunity to give an oral or written statement addressing the impact a crime had on them before a defendant is sentenced or paroled. Victim impact statements are most commonly used at sentencing hearings. The court may consider these statements in determining the appropriate sentence for a defendant.  The right to present victim impact information is usually guaranteed by law; however, in some states discretion is given to the judge or other officials.

The right to be heard at key stages of the justice and corrections processes has, historically, been one of the key tenets of the victims' rights discipline. When victims were asked to rate the importance of various victim rights, over 80 percent stated that their ability to make a victim impact statement at sentencing and at parole was "very important." (Source: Ellen Alexander and Janice H. Lord, "A Victim's Right to Speak . . . A Nation's Responsibility to Listen," National Center for Victims of Crime, 1994).

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What are automated crime-victim-notification programs and how do they work?

Automated crime-victim-notification programs allow victims to be notified directly of their offender's status, such as arrest information, jail-release information, or when they are scheduled to appear in court. The goals are to enhance victim safety. Victims feel a sense of safety when they have immediate access to offender information. This can be of great assistance to a victim of crime who is fearful that their offender might return to reoffend.

One example of an automated crime-victim-notification program is VINE (Victim Information and Notification Everyday). VINE is a fully automated information and notification service that immediately notifies registered users (victims) when a change occurs in an offender's status. VINE can relay important custody, court, or arrest information in a matter of minutes, anywhere in the United States, via telephone, e-mail, or pager.

Many states use automated victim-notification systems, including Florida, Wisconsin, Minnesota, Ohio, Nebraska, Arkansas, and New York.  Several states, such as Maryland, Kentucky, North Carolina, and Oregon, use a statewide, automated victim-notification system. These systems allow a single point of entry (one toll-free, statewide phone number) for victims to receive standard information and notification of offender status and court events.

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What are victim/offender programs?

Victim/offender programs are also referred to as restorative justice or victim/offender reconciliation programs. Victim/offender programs include community reparation boards, community/neighborhood impact statements, victim/offender mediation or dialogue, family group conferencing, restitution, restorative community services, community work service programs, victim awareness education programs/panels, victim impact statements, and victim notification.

Restorative justice, which has been used in the United States for 20 years, takes a different approach to understanding and responding to issues of crime and justice. Victim participation in mediation is voluntary, and offender participation is voluntary in most programs. A restorative justice approach brings offenders face-to-face with their victims with the help of a mediator. Victims have the opportunity to express their feelings about the crime and the effect it had on them and their families. Offenders learn of the consequences of their actions and can then take responsibility for their actions through an agreement to provide restitution to victims and restore their losses. Victims get answers to questions that only offenders can answer, which contributes greatly to victims' healing. Common questions include, "Why did you do this to me? Was this my fault? Could I have prevented this? Were you stalking or watching me?" Victims frequently assume a renewed peace of mind after completing victim/offender mediation.

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How can courts become more victim friendly?

Courts can become more victim friendly by meeting the needs of victims in and out of court. Court staff can be available to answer questions and make sure that the victim is connected to the right people who can provide assistance, including probation officers, prosecutors, victim assistance programs, etc. Courts can also develop information guides or handbooks explaining the various victim services. Handbooks might include legal definitions and rights, explanations of restitution and compensation, and important contact names and phone numbers.

Judges can make the court more victim friendly by not setting a time limitation on impact statements, allowing interested parties to address the court, allowing "one-on-one" interaction with the victim, and other creative methods for meeting the needs of victims. Probation officers and victim service providers should listen carefully to the victim, provide helpful suggestions, and keep in contact frequently.


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How can states improve victim services?

Victim services can be improved by expanding outreach to victims. Many victims do not know their rights and the services that they can take advantage of. Benefits to crime victims can be expanded. Caps on compensation can be increased to meet current economic standards. Eligibility criteria can be expanded. Compensation can be expanded to cover secondary victims of crime. Deadlines to report crimes can be extended. Many victims are not aware of deadlines and do not come forward immediately. The processing of crime victims cases can be improved. Processing can be streamlined, and the amount of time it takes for victims to receive compensation can be reduced. Training for service providers can also be improved. Working effectively with victims of diverse backgrounds may require specialized training. Finally, funding can be increased to support victim service programs. Improving benefits and services will require additional funding.

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