Know Your Victim Rights
Know Your Rights
Unlike defendants’ rights, which nearly everyone in the country can easily recite, very few people know what rights victims have. We are committed to changing this! Below, you will find Quicktools – a series of short videos about victims’ rights and how to protect those rights. From knowing which rights exist to learning how to exercise them, protecting victims’ rights starts here with our Quicktools!
The legal information contained below does not constitute legal advice and is for general informational purposes only. For use and distribution of NCVLI’s Quicktools, reference the information at the end of this page.
Know Your Rights Quicktools
These Quicktools provide a general overview of victims’ rights. The rights in each state and the federal system are incredibly unique and the Quicktools do not attempt to cover the differences between jurisdictions. If a Quicktool is covering a specific right in a specific jurisdiction, it will make that clear by mentioning the law and providing the citation. For additional resources relating to victims’ rights that are designed to assist practitioners with effectively asserting and seeking enforcement of victims’ rights, please visit NCVLI’s Rights Enforcement Toolkit.
Elements of Justice
This Quicktool provides an overview of the rights and principles that ensure that justice systems are fair, provide meaningful participation for victims, and include resources and avenues for victim recovery.
Victims Can Have Attorneys
This Quicktool explains what a victims’ rights attorney is and how they can help victims navigate the criminal justice system.
Victims Can File Papers
Motions or pleadings can be filed by victims to assert their rights by filing papers in a criminal case. This Quicktool explains common misperceptions and exceptions, and the possible benefits to victims by filing papers.
Victims’ Rights & Defendants’ Rights Co-Existing
This Quicktool explains how victims’ rights and the rights of the defendant co-exist with no conflict.
What is Polyvictimization?
This Quicktool explains polyvictimization, or the exposure to multiple types of violence, crime, abuse or neglect and why it is important for attorneys and advocates to understand how this impacts victims and their rights.
Trafficking and Victims’ Rights
This Quicktool provides a discussion of the Trafficking Victims Protection Act, The Crime Victims’ Rights Act, and State-Specific Protections for trafficking victims. Polyvictimization, or the exposure to multiple types of violence, crime, abuse or neglect is also presented.
Victims’ Rights Post-Sentencing
This Quicktool explains how a victims’ rights can still apply after a defendant is convicted, end and that victims may continue to have important interests in after-sentencing proceedings.
An Overview of Brady Obligations
This Quicktool provides an overview of the disclosure obligations that are commonly referred to as “Brady Obligations,” “Brady Disclosures,” or the “Brady Rule” and discusses how Brady disclosures may intersect with confidentiality obligations.
Specific Victims’ Rights Quicktools
The Right to Be Heard
The right to be heard is intended to ensure victims can be active participants in the criminal justice system. This Quicktool provides a discussion of a victim’s right to be heard in criminal courts at release, plea, sentencing, parole and at any proceeding impacting a victim’s right.
The Right to Be Present
The right to be present gives the victim the authority to decide if he/she wants to be in the courtroom during the criminal proceedings. This Quicktool explains a victim’s right to be present at trial, pretrial hearings, post-conviction sentencing, and even probation and parole hearings.
The Right to Notice
The right to notice is the right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused. This Quicktool provides a discussion of a victim’s right to notice, and defines meaningful notice.
The Right to Privacy
The right to privacy refers to protections involving limiting or preventing access to the victims’ personal information. Control over the release of personal information protects victims from being re-victimized during criminal proceedings. This Quicktool provides a discussion of a victim’s right to privacy and how this right is rooted in the federal constitution and state constitutions.
The Right to Protection
The right to protection relates to the victim’s right to be reasonably protected from the accused during and after the criminal justice process. It is generally reflected in constitutional and statutory provisions that address issues of the victim’s physical safety and mental and emotional health. This Quicktool provides a discussion of a victim’s right to protection and how victims may request protection and receive notification of release.
The Right to Privacy Post-Conviction
The right to privacy post-conviction refers to protections involving limiting or preventing access to the victims’ personal information even after the trial is over. It is generally reflected in constitutional and statutory provisions as well as other areas of the law. This Quicktool focuses on privacy issues that may come up in the post-conviction context and touches on considerations that advocates and attorneys might want to discuss with survivors, to help them navigate post-conviction privacy concerns.
The Right to Restitution
The right to restitution is a right to have the court order a convicted person to pay money to the victim(s) of the offense to compensate them for certain financial losses. This Quicktool provides an overview of the right to restitution and includes information and tips for securing this right as part of the criminal justice process.
Use and Distribution Information:
The resources and videos that comprise NCVLI’s Know Your Rights Quicktools are copyrighted and may be used for training/educational use without further permission, as long as the National Crime Victim Law Institute’s authorship is explicitly acknowledged in the training materials, along with a link to NCVLI’s website (www.ncvli.org). For all other permissions, please send your inquiry to email@example.com.
This webpage and its contents funded in part by 2012-VF-GX-KO13, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed on this webpage and in its resources are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice. Further, neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided).