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[
]
United States Code Annotated
Title 18. Crimes and Criminal Procedure
§ 3771. Crime victims' rights
(a) Rights of crime victims.--A crime victim has the following rights:
(1) The right to be reasonably protected from the accused.
(2) 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.
(3) The right not to be excluded from any such public court proceeding, unless the court, after
receiving clear and convincing evidence, determines that testimony by the victim would be
materially altered if the victim heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court involving release,
plea, sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
(b) Rights afforded.-(1) In general.--In any court proceeding involving an offense against a crime victim, the court shall
ensure that the crime victim is afforded the rights described in subsection (a). Before making a
determination described in subsection (a)(3), the court shall make every effort to permit the fullest
attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the
victim from the criminal proceeding. The reasons for any decision denying relief under this chapter
shall be clearly stated on the record.
16
(2) Habeas corpus proceedings.-(A) In general.--In a Federal habeas corpus proceeding arising out of a State conviction, the court
shall ensure that a crime victim is afforded the rights described in paragraphs (3), (4), (7), and (8)
of subsection (a).
(B) Enforcement.-(i) In general.--These rights may be enforced by the crime victim or the crime victim's lawful
representative in the manner described in paragraphs (1) and (3) of subsection (d).
(ii) Multiple victims.--In a case involving multiple victims, subsection (d)(2) shall also apply.
(C) Limitation.--This paragraph relates to the duties of a court in relation to the rights of a crime
victim in Federal habeas corpus proceedings arising out of a State conviction, and does not give
rise to any obligation or requirement applicable to personnel of any agency of the Executive
Branch of the Federal Government.
(D) Definition.--For purposes of this paragraph, the term “crime victim” means the person against
whom the State offense is committed or, if that person is killed or incapacitated, that person's
family member or other lawful representative.
(c) Best efforts to accord rights.-(1) Government.--Officers and employees of the Department of Justice and other departments and
agencies of the United States engaged in the detection, investigation, or prosecution of crime shall
make their best efforts to see that crime victims are notified of, and accorded, the rights described in
subsection (a).
(2) Advice of attorney.--The prosecutor shall advise the crime victim that the crime victim can
seek the advice of an attorney with respect to the rights described in subsection (a).
(3) Notice.--Notice of release otherwise required pursuant to this chapter shall not be given if such
notice may endanger the safety of any person.
(d) Enforcement and limitations.-(1) Rights.--The crime victim or the crime victim's lawful representative, and the attorney for the
Government may assert the rights described in subsection (a). A person accused of the crime may not
obtain any form of relief under this chapter.
(2) Multiple crime victims.--In a case where the court finds that the number of crime victims makes
it impracticable to accord all of the crime victims the rights described in subsection (a), the court
shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or
prolong the proceedings.
(3) Motion for relief and writ of mandamus.--The rights described in subsection (a) shall be
asserted in the district court in which a defendant is being prosecuted for the crime or, if no
prosecution is underway, in the district court in the district in which the crime occurred. The district
court shall take up and decide any motion asserting a victim's right forthwith. If the district court
denies the relief sought, the movant may petition the court of appeals for a writ of mandamus. The
court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the
Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application
forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or
subject to a continuance of more than five days for purposes of enforcing this chapter. If the court of
appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a
written opinion.
(4) Error.--In any appeal in a criminal case, the Government may assert as error the district court's
denial of any crime victim's right in the proceeding to which the appeal relates.
(5) Limitation on relief.--In no case shall a failure to afford a right under this chapter provide
grounds for a new trial. A victim may make a motion to re-open a plea or sentence only if-(A) the victim has asserted the right to be heard before or during the proceeding at issue and such
right was denied;
(B) the victim petitions the court of appeals for a writ of mandamus within 14 days; and
17
(C) in the case of a plea, the accused has not pled to the highest offense charged.
This paragraph does not affect the victim's right to as restitution as provided in title 18, United
States Code.
(6) No cause of action.--Nothing in this chapter shall be construed to authorize a cause of action for
damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for
the breach of which the United States or any of its officers or employees could be held liable in
damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the
Attorney General or any officer under his direction.
(e) Definitions.--For the purposes of this chapter, the term “crime victim” means a person directly and
proximately harmed as a result of the commission of a Federal offense or an offense in the District of
Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or
deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate,
family members, or any other persons appointed as suitable by the court, may assume the crime
victim's rights under this chapter, but in no event shall the defendant be named as such guardian or
representative.
(f) Procedures to promote compliance.-(1) Regulations.--Not later than 1 year after the date of enactment of this chapter, the Attorney
General of the United States shall promulgate regulations to enforce the rights of crime victims and
to ensure compliance by responsible officials with the obligations described in law respecting crime
victims.
(2) Contents.--The regulations promulgated under paragraph (1) shall-(A) designate an administrative authority within the Department of Justice to receive and
investigate complaints relating to the provision or violation of the rights of a crime victim;
(B) require a course of training for employees and offices of the Department of Justice that fail to
comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise
assist such employees and offices in responding more effectively to the needs of crime victims;
(C) contain disciplinary sanctions, including suspension or termination from employment, for
employees of the Department of Justice who willfully or wantonly fail to comply with provisions
of Federal law pertaining to the treatment of crime victims; and
(D) provide that the Attorney General, or the designee of the Attorney General, shall be the final
arbiter of the complaint, and that there shall be no judicial review of the final decision of the
Attorney General by a complainant.
18
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17
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19
U.N. Office for Drug Control & Crime Prevention, Handbook on Justice for Victims 9
(1999), available at http://www.uncjin.org/Standards/9857854.pdf
Pamela Tontodonato & Edna Erez, Crime, Punishment, and Victim Distress, 3 Int’l R.
of Victimology 33, 34 (1994)
Malini Laxminarayan, Procedural Justice and Psychological Effects of Criminal
Proceedings: The Moderating Effect of Offense Type, 25 Soc. Just. Research 390, 392 (2012)
Judith Lewis Herman, The Mental Health of Crime Victims: Impact of Legal Intervention, 16
J. of Traumatic Stress 159, 159-61 (2003)
Jim Parsons & Tiffany Bergin, The Impact of Criminal Justice Involvement on Victims’
Mental Health, 23 J. of Traumatic Stress 182, 182-3 (2010)
Margaret E. Bell, et al., Battered Women’s Perceptions of Civil and Criminal Court
Helpfulness: The Role of Court Outcomes and Processes, 17 Violence Against Women 71,
72, 79 (2011)
Rebecca Campbell & Sheela Raja, The Sexual Assault and Secondary Victimization of Female
Veterans: Help-Seeking Experiences with Military and Civilian Social Systems,
29 Psych. of Women Quarterly 97, 98 (2005)
Dean J. Kilpatrick & Randy K. Otto, Constitutionally Guaranteed Participation in Criminal
Proceedings for Victims: Potential Effects on Psychological Functioning, 34 Wayne L Rev 7,
15, 18-22 (1987)
Uli Orth, Secondary Victimization of Crime Victims by Criminal Proceedings, 15 Social
Justice Research 313, 314-6, 319, 321 (2002)
Rebecca Campbell, What Really Happened? A Validation Study of Rape Survivors’ HelpSeeking Experiences with the Legal and Medical Systems, 20 Violence and Victims 55, 56
(2005)
Gerda Koper et al., Procedural Fairness and Self Esteem, 23 European Journal of Social
Psychology 313, 323 (1993)
20
Alan N. Young, The Role of the Victim in the Criminal Process: A Literature
Review—1989 to 1999, at 11, Ottawa, Canada: Department of Justice, Research and Statistics
Division, available at
http://www.justice.gc.ca/eng/pi/rs/reprap/2000/rr00_vic20/rr00_vic20.pdf ;
Dean J. Kilpatrick & Randy K. Otto, Constitutionally Guaranteed Participation in Criminal
Proceedings for Victims: Potential Effects on Psychological Functioning, 34 Wayne L Rev 7,
17 (1987)
Judith Lewis Herman, The Mental Health of Crime Victims: Impact of Legal Intervention, 16
J. of Traumatic Stress 159, 162-3 (2003)
Pamela Tontodonato & Edna Erez, Crime, Punishment, and Victim Distress, 3 Int’l R.
of Victimology 33, 36 (1994)
Dean G. Kilpatrick et al., The Rights of Crime Victims—Does Legal Protection Make a
Difference?, U.S. Dep’t. of Just., Nat’l Inst. of Just. Res. in Brief (1998), available at
https://www.ncjrs.gov/pdffiles/173839.pdf
Stephanos Bibas, Transparency and Participation in Criminal Procedure, 81 N.Y.U. L. Rev.
911, 929 (2006);
21
"
[
]
United States Code Annotated, Federal Rules of Criminal Procedure for the U.S. District Courts
Rule 17. Subpoena
(a) Content.A subpoena must state the court's name and the title of the proceeding, include the seal of
the court, and command the witness to attend and testify at the time and place the subpoena specifies.
The clerk must issue a blank subpoena--signed and sealed--to the party requesting it, and that party
must fill in the blanks before the subpoena is served.
(b) Defendant Unable to Pay.Upon a defendant's ex parte application, the court must order that a
subpoena be issued for a named witness if the defendant shows an inability to pay the witness's fees
and the necessity of the witness's presence for an adequate defense. If the court orders a subpoena to be
issued, the process costs and witness fees will be paid in the same manner as those paid for witnesses
the government subpoenas.
(c) Producing Documents and Objects.
(1) In General.A subpoena may order the witness to produce any books, papers, documents, data, or
other objects the subpoena designates. The court may direct the witness to produce the designated
items in court before trial or before they are to be offered in evidence. When the items arrive, the
court may permit the parties and their attorneys to inspect all or part of them.
(2) Quashing or Modifying the Subpoena.On motion made promptly, the court may quash or
modify the subpoena if compliance would be unreasonable or oppressive.
(3) Subpoena for Personal or Confidential Information About a Victim. After a complaint,
indictment, or information is filed, a subpoena requiring the production of personal or confidential
information about a victim may be served on a third party only by court order. Before entering the
order and unless there are exceptional circumstances, the court must require giving notice to the
victim so that the victim can move to quash or modify the subpoena or otherwise object.
(d) Service.A marshal, a deputy marshal, or any nonparty who is at least 18 years old may serve a
subpoena. The server must deliver a copy of the subpoena to the witness and must tender to the witness
one day's witness-attendance fee and the legal mileage allowance. The server need not tender the
attendance fee or mileage allowance when the United States, a federal officer, or a federal agency has
requested the subpoena.
(e) Place of Service.
(1) In the United States.A subpoena requiring a witness to attend a hearing or trial may be served at
any place within the United States.
(2) In a Foreign Country.If the witness is in a foreign country, 28 U.S.C. § 1783 governs the
subpoena's service.
(f) Issuing a Deposition Subpoena.
(1) Issuance.A court order to take a deposition authorizes the clerk in the district where the
deposition is to be taken to issue a subpoena for any witness named or described in the order.
(2) Place.After considering the convenience of the witness and the parties, the court may order--and
the subpoena may require--the witness to appear anywhere the court designates.
(g) Contempt.The court (other than a magistrate judge) may hold in contempt a witness who, without
adequate excuse, disobeys a subpoena issued by a federal court in that district. A magistrate judge may
hold in contempt a witness who, without adequate excuse, disobeys a subpoena issued by that
magistrate judge as provided in 28 U.S.C. § 636(e).
(h) Information Not Subject to a Subpoena.No party may subpoena a statement of a witness or of a
prospective witness under this rule. Rule 26.2 governs the production of the statement.
22
-'
.1
Act no.2000-516 of 15 June 2000 strengthening the protection of the
presumption of innocence and victims’ rights, Official Gazette, 16
.July 2000, p.9038
:
(
)
.
The European Institute for Crime Prevention and Control, affiliated with the
United Nations, Criminal Justice Systems in Europe and North America.
France J-Y McKee.
http://www.heuni.fi/material/attachments/heuni/profiles/6Ku1K168F/France
.pdf
.1Victims are entitled to complain to the police or to the public
prosecutor’s office and to demand that an investigation be initiated: a
victim can register a complaint at any police station regardless of where
the act occurred.
.2When judicial proceedings are engaged, the person lodging the
complaint can become a party to the case. The victim is then called “la
partie civile”. Often assisted by a lawyer, the victim has access to the
dossier compiled by the juge d’instruction. When the case is brought to
court the plaintiff partie civile is summoned. The new law makes it easier
to lodge a claim for compensation .
.
.3The public prosecutor can ask victim associations to assist and
help a victim (article 41 C.P.P.(
.4The partie civile can be heard during the proceedings, but he does
not take an oath. If an instructing judge is appointed, the plaintiff can ask
for any type of investigation he/she sees as fitting his/her interests.
.5The victim of an offence can initiate proceedings either before the
instruction judge (“plainte avec constitution de partie civile”) or before the
courts (“citation directe.(”
23
.6The victim can claim full compensation for all damages related to an
offence before a criminal court (article 2 C.P.P). He can claim for 40 bodily
damages, for material damages and for damages to his feelings
(“préjudice moral.(”
.7French law allows a victim to appeal but only on questions
concerning civil compensation. Legal aid is available for victims unable to
pay. The system reformed in 1991 and 1998 is run by state funds
allocated to the lawyers concerned. Legal aid benefits are provided only
for people whose income is under a certain level and after their demands
have been examined by a local legal-aid commission (“bureau d’aide
juridictionnelle.(”
.
.8In line with European recommendations, state compensation is
supplied for certain victims of damages regardless of whether or not they
are claiming against a defendant. Each district court (“tribunal de grande
instance”) houses a special.
.9There is great awareness about the situation of victims, especially
the weaker members of society such as elderly people, abused women
and children. In accordance to a law enacted on 10 July 1989 an
interdepartmental committee (“Group permanent interministeriel pour
l’enfance maltraitée”) draws up an annual report for Parliament on all
issues related to child abuse. At the local level, victim support agencies
are set up (“association d’aide aux victimes et de médiation AVEM”). They
are mostly private associations subsidized by the state and local
authorities. They usually give legal aid through lawyers and civil servants
as well as psychological and medical. help. Victim associations are
entitled to be called upon by the public prosecutor to assist and help a
victim (article 41 C.P.P modified by the June 15th, 2000 law). These
agencies are federated on a national scale by the Institut nationale de
l’aide aux victimes et de médiation (INAVEM.(
:
.
in committee on the rights of the chid , consideration of reports submitted
by states parties under article 44 of the convention, Third and fourth
periodic
reports of States Parties due in 2007, FRANCE *, **
http://www.ibcr.org/editor/assets/Tableau%20Rapports%20CDE%20Europ
e%20Mars%202013%20FINAL.pdf
24
-Law No. 91-647 of 10 July 1991 on legal aid, provide complete
assurance that minors will be defended in civil or criminal proceedings .
-article 5 of Law 91-647 provides that no account shall be taken of the
resources of the child’s parents or of persons living in the home, once a
divergence of interest exists between them, having regard to the subject of
the legal proceedings. This is very particularly relevant in the case of
minors who are the victims of a criminal offence committed by one of the
members of the family unit. In these circumstances, the Legal Aid Bureau
may not take account of parents’ resources which would exceed the upper
limits provided by the Law.
-Order No. 2005-1526 of 8 December 2005 amended article 5 of the Law
of 10 July 1991 providing that, when a request is made for legal aid
concerning assistance for a minor who is being prosecuted for a criminal
offence, no further account shall be taken of the resources of the parents
or persons living in the minor’s home, if they demonstrate lack of interest
in him or her .
-Decree No. 2007-1151 of 30 July 2007 on various legal aid provisions
extends the scope of legal aid to the appointment of lawyers to assist
minors prosecuted before the Police Court or the Justice of the Peace[i] for
an offence within the four lowest categories of summary offences. This
reform, which is due to enter into force in the second half of 2007, will
allow offenders who are minors to be assured of the assistance of a
lawyer, paid for by legal aid, whatever the gravity of the offence for which
they are being prosecuted (minor offence, major offence or serious crime.(
-SYMPOSIUM: The Third Model of Criminal Process: The Victim
Participation Model 1999 Utah L. Rev. 289 Douglas Evan Beloof*
-la partie civile dans le procès pénal. Cour de cassation
http://www.courdecassation.fr/publications_cour_26/rapport_annuel_36/ra
pport_2000_98/deuxieme_partie_tudes_documents_100/tudes_theme_pr
otection_personne_102/civile_proces_5858.html -d'Hauteville Anne, « Rapport introductif. La problématique de la
place de la victime dans le procès pénal », Archives de politique
criminelle, 2002/1 n° 24, p. 7-13.
Lazerges Christine, « Le renforcement des droits des victimes par
la loi n- 2000-516 du 15 juin 2000 », Archives de politique criminelle,
25
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.2002/1 n° 24, p. 15-25
-VICTIMOLOGIE , Robert Cario De l’effraction du lien intersubjectif à la
restauration sociale Volume 1, Edition 3 , 2006, Ed. l'Harmattan, Traité de
Sciences Criminelle
-La victime sur la scène pénale en Europe, Ouvrage collectif dirigé par
Geneviève Giudicelli-Delage et Christine Lazerges , PUF les voies du droit,
2008
-Micheline Baril, L'envers du crime , Paris, l'Harmattan , 2002, Le
renforcement des droits des victimes par la loi n 2000-516 du 15 juin 2000,
Christine Lazerges , APC , n. 24 , 2002 , p.15-25
-VICTIMS OF CRIME IN 22 EUROPEAN CRIMINAL JUSTICE
SYSTEMS; PAGES 295-352
-La victime est-elle coupable ? Ezzat A. Fattah, Ed. L’Harmattan, Coll.
Controverses, 2004 ,
-Gérard Lopez, Les Violences sexuelles sur les enfants, Presses
universitaires de France, coll. « Que sais-je ? », 2e édition corrigée, 1999.
-L'audition de l'enfant victime Journal du droit des jeunes 2013/7 (N°
327). 64 pages .
-Gérard Berthet et Cyrille Monnot « L'audition du mineur victime »,
Enfances & Psy 3/2007 (n° 36), p. 80-92. URL : www.cairn.info/revueenfances-et-psy-2007-3-page-80.htm .
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,N.D. CENT. CODE §14-07.1-02 (2005) –
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,VT. STAT. ANN. TIT.15, § 1101(5), 1103(d) (2005) /
– WASH. REV. CODE §26.50.010, §10/14/080(2) (2006) -
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,FLA. STAT. ANN. §741.28, . §784.046(4)(b)(10)(c) (WEST 2006) ,
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,CAL. FAM. CODE §6300-6306, 6345(c) (WEST 2006) -
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,GA. CODE ANN. §19-13-1, 19-13-4(c) (WEST 2006) .
,MAS. GEN. LAWS CH. 209A, § 1, 3(c) (2006) -
– MONT. CODE ANN. §40-15-102, 202 (2005) -
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