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Victims' Rights · Inside the Criminal Process

• 0:01
  SPEAKER_00: What is a victimless crime?
• 0:05
  SPEAKER_00: What should you do if you're the victim of a crime?
• 0:09
  SPEAKER_00: What happens if you falsely report a crime to the police?
• 0:15
  SPEAKER_00: Hello, and welcome to Inside the Criminal Process, a podcast where I discuss and explain the criminal justice system in America using real-life examples and true crime cases.
• 0:25
  SPEAKER_00: My name is Scott, and I'm a 29-year veteran law enforcement officer and a former attorney.
• 0:30
  SPEAKER_00: I've worked as a patrol officer, a crime scene investigator, a field training officer, a detective, a parole officer, an investigator, a polygraph examiner, a crisis negotiator, and an administrator.
• 0:42
  SPEAKER_00: I've also taught college-level criminal justice classes, and I am an Army veteran.
• 0:48
  SPEAKER_00: So today, in honor of Domestic Violence Awareness Month, I'm going to talk about victims' rights.
• 0:54
  SPEAKER_00: But first I did want to add something to what I discussed in the leadership episode, the last episode.
• 1:03
  SPEAKER_00: The behavior of my former supervisor that I referred to constantly in that episode, it had been reported up the chain.
• 1:12
  SPEAKER_00: I mean it sounded like no one would report him out of fear, and that's true for the most part, but the fear actually came from all the employees witnessing the agency director protect this person and failed to hold him accountable.
• 1:27
  SPEAKER_00: I personally reported his misconduct and lack of integrity to the deputy executive director.
• 1:34
  SPEAKER_00: I gave her copies of the report wherein the man lied to the investigator about intentionally tripping someone in the office, and I gave her a copy of the administrative law judge's decision in which the judge labeled my boss being disrespectful of the truth.
• 1:55
  SPEAKER_00: So the deputy executive director said she sent the information to the attorney general's office and was told since the boss, the agency is the executive director, was aware of the situations, there was nothing else they could do about it.
• 2:09
  SPEAKER_00: So I also reported his misconduct to the department in this state that regulates certification of peace officers.
• 2:16
  SPEAKER_00: And I was told if the agency's if the agency had had not done anything about the misconduct, there was nothing they could do about it.
• 2:25
  SPEAKER_00: So I find that somewhat absurd and question why there's even an entity that's supposed to govern peace officer certification, but they can't do anything unless the department has investigated and substantiated the misconduct.
• 2:38
  SPEAKER_00: So um I just kind of question what the purpose of the oversight is then.
• 2:44
  SPEAKER_00: On to today's subject.
• 2:46
  SPEAKER_00: So some people don't know that victims have rights under federal and state law.
• 2:50
  SPEAKER_00: Every state has granted victims' um rights either statutorily, and some include victims' rights provisions in their state constitution.
• 3:01
  SPEAKER_00: Most states have included at least the following.
• 3:06
  SPEAKER_00: This is the minimum that they've included in their rights, uh, in victims' rights in their laws.
• 3:12
  SPEAKER_00: The right to be present in court during proceedings regarding the crime against them.
• 3:17
  SPEAKER_00: Um victims have a right to be informed about the case status, defendant's release, and sentencing.
• 3:23
  SPEAKER_00: They have the right to be heard at sentencing and restitution hearings, and they are to be protected from harassment and intimidation, and they are allowed access to victim services and restitution.
• 3:37
  SPEAKER_00: Some states call their laws something like the Victims Rights Act, that's what it's called in this state, and um have all the rights, procedural requirement, and enforcement mechanisms included in that in that law.
• 3:51
  SPEAKER_00: Others have comprehensive victim rights statutes that cover those areas.
• 3:55
  SPEAKER_00: Uh every state has a law or laws that guarantee rights to crime victims, and those can be found on the Office for Victims of Crime um website, which is that's one of six program offices within the Office of Justice programs at the Department of Justice, the U.S.
• 4:14
  SPEAKER_00: Department of Justice.
• 4:16
  SPEAKER_00: And then I'll give you a site at the end, a website that you can go to to look up your own state's um laws.
• 4:25
  SPEAKER_00: Under English common law, victims were allowed to prosecute people who committed crimes against them.
• 4:30
  SPEAKER_00: So it's uh it's commonly referred to as private prosecution.
• 4:34
  SPEAKER_00: Uh but by the 19th century, the United States shifted to public prosecution, basically limiting victim roles in prosecution to being either witnesses or informants or something of that nature.
• 4:49
  SPEAKER_00: In the 60s and 70s, some states were recognizing the need for legislation regarding victims of crime.
• 4:57
  SPEAKER_00: Um, notably, California started the very first victim compensation program in 1965.
• 5:03
  SPEAKER_00: In 1975, a district attorney in Pennsylvania organized a victims' rights week.
• 5:11
  SPEAKER_00: Also in 1975, NOVA was established.
• 5:15
  SPEAKER_00: That's the National Organization for Victim Assistance.
• 5:20
  SPEAKER_00: From 1976 to 1977, several states, with Nebraska leading the charge, abolished the marital rape exemption.
• 5:30
  SPEAKER_00: Basically, that said that it was impossible for a husband to rape his wife because of their relationship because they were married.
• 5:38
  SPEAKER_00: And also in 76 and 77, victim impact statements and battered women's hotlines were created.
• 5:45
  SPEAKER_00: In 1980, those of you that were around, those of you that weren't probably know about this, but um the president created the president's task force on victims of crimes.
• 5:59
  SPEAKER_00: And that would be President Ronald Reagan, who was shot in 1980 and was um kind of shocked at the lack of victim services that were available to victims of crimes.
• 6:13
  SPEAKER_00: By the late 80s, recognition of victims' rights was really emerging, and most states had compensation programs for victims of crime.
• 6:22
  SPEAKER_00: In 1994, the Violence Against Women's Act was passed, and in 1996, many states had adopted constitutional victim rights protections.
• 6:32
  SPEAKER_00: In 2001, I'm sure you all know what happened then.
• 6:36
  SPEAKER_00: Uh, compensation and service services laws were passed, and that was um because of 9-11, basically.
• 6:48
  SPEAKER_00: That was the driving force behind those laws being passed.
• 6:52
  SPEAKER_00: And in 2003, the uh Protect Act, Prosecutoral Remedies, and Other Tools to End the Exploitation of Children Today Act, which basically that codified the national amber alert system as part of its broader child protection laws, and that replaced fragmented local programs.
• 7:14
  SPEAKER_00: So a lot of states had their own programs for amber amber alerts, and um, but it was as it says here, it was fragmented.
• 7:23
  SPEAKER_00: I think it was it was just poorly managed at the state levels.
• 7:27
  SPEAKER_00: Um so they they codified that under this federal federal protect act, prosecutorial remedies and other tools to end the exploitation of children today.
• 7:42
  SPEAKER_00: Um that's that's confusing, but the Protect Act itself, the Protect part of the that that that title stands for prosecutorial remedies and other tools to end the exploitation of children today.
• 8:04
  SPEAKER_00: In 2003, the Prison Rape Elimination Act PRIA was passed.
• 8:09
  SPEAKER_00: Um allegedly, there were several states that were ignoring sexual assaults and misconduct in prisons.
• 8:17
  SPEAKER_00: In this state, we've always filed sexual assault cases in the prisons even prior to 2003.
• 8:23
  SPEAKER_00: Um, and I'm gonna go into more detail regarding these issues in a future episode.
• 8:32
  SPEAKER_00: This state requires law enforcement to notify victims of their rights.
• 8:35
  SPEAKER_00: Most law enforcement agencies, um, the internet says about 70, 71% of them have victim service units that handle this requirement.
• 8:49
  SPEAKER_00: Cops aren't always the greatest at dealing with victims or grieving people when they're trying to conduct an investigation.
• 8:56
  SPEAKER_00: So the victim services units at police departments where I worked were outstanding at responding to scenes and helping the victims.
• 9:04
  SPEAKER_00: Uh, it was a huge relief whenever a victim advocate showed up at the scene or the station to take care of a victim.
• 9:11
  SPEAKER_00: Um and along with dispatch, that job gets very little recognition for what they do.
• 9:18
  SPEAKER_00: Um, but they are very, very much appreciated, at least in the departments that I worked for.
• 9:25
  SPEAKER_00: I'm gonna just do a summary of the rights of victims that are that they are entitled to in this state.
• 9:32
  SPEAKER_00: Um, but these are most, these are pretty universal.
• 9:34
  SPEAKER_00: I think a lot of states have have adopted the same provisions.
• 9:40
  SPEAKER_00: Uh the Victims Rights Act in this state was passed in 1992, and the following crimes fall under the Victims Rights Act.
• 9:48
  SPEAKER_00: That's the victims of these crimes have rights, and I'll I'll discuss those below.
• 9:53
  SPEAKER_00: So it's kind of a long list.
• 9:55
  SPEAKER_00: It's first and second degree murder, manslaughter, criminally negligent homicide, vehicular homicide, first, second, and third degree assault, vehicular assault, menacing, first and second degree kidnapping, all sex-related offenses, and child sex crimes, invasion of privacy, robbery, child abuse, crimes against at-risk individuals, any domestic violence-related crime, stalking, some provisions of the harassment statute, bias-related crimes, hit-and-run accidents, careless driving resulting in serious injury or death, intimidation andor retaliation against a victim or witness, tampering with a victim or witness, indecent exposure, human trafficking, violation of protection order, burglary, arson, posting intimate images online for the purpose of extortion or harassment.
• 10:47
  SPEAKER_00: So those are the crimes that are covered.
• 10:49
  SPEAKER_00: And if you are a victim of one of those crimes in this state, you have the following rights.
• 10:56
  SPEAKER_00: So you have to be treated with fairness, respect, and dignity, and law enforcement has to ensure that they're free from harassment, intimidation, and abuse.
• 11:06
  SPEAKER_00: Victims have a right to be present, heard, and informed at all critical stages of the criminal justice process, which includes investigation, prosecution, and sentencing.
• 11:14
  SPEAKER_00: Victims must be notified of court hearings, plea agreements, and parole proceedings.
• 11:20
  SPEAKER_00: They have a right to be present and to participate in those proceedings.
• 11:23
  SPEAKER_00: And they have the right to provide a victim impact statement.
• 11:27
  SPEAKER_00: Victims have a right to access information, which includes the initial report.
• 11:32
  SPEAKER_00: They have a right to protection of their privacy.
• 11:35
  SPEAKER_00: That's somewhat vague because the courts generally have to balance the defendant's rights to a competent defense with the privacy rights of the victim.
• 11:46
  SPEAKER_00: Um, so that gets dicey at times.
• 11:50
  SPEAKER_00: Um victims have a right to support services, access to a victim witness advocate, and some level of legal assistance, which I assume is on a case-by-case basis.
• 12:02
  SPEAKER_00: And as always, you're going to be the you, as an individual, are going to be your best advocate.
• 12:09
  SPEAKER_00: So as a victim, you have to ensure that you're getting treated in accordance with the Victims' Rights Act and contacting the appropriate people if you're not being treated as is required by the VRA.
• 12:20
  SPEAKER_00: And most law enforcement agencies will provide you with a pamphlet that outlines these rights and lets you know the rights that you have.
• 12:30
  SPEAKER_00: The requirements of ensuring victims' rights are being upheld in accordance with the law falls on the agency involved, and the responsibility transfers as the criminal justice process advances.
• 12:42
  SPEAKER_00: So the initial responsibility falls on the police to advise the victim of his or her rights and make sure the victim is treated with dignity and respect.
• 12:52
  SPEAKER_00: Once the case is filed, the requirement obligation is on the DA's office to provide victim services to the victims, and they then have the responsibility to comply with the Victims Rights Act.
• 13:08
  SPEAKER_00: After trial, uh assuming the defendant is convicted or pleads guilty to something, the responsibility of enforcing the Victims Rights Act provisions falls to the probation department or the department of corrections.
• 13:22
  SPEAKER_00: So this is the best place to find your state's laws and constitutional provisions governing victims' rights.
• 13:28
  SPEAKER_00: It is the International Association of Chiefs of Police website, which is IACP.
• 13:38
  SPEAKER_00: And if you just if you go to that website and type in victim rights jurisdiction profiles, um those will pop up state by state.
• 13:50
  SPEAKER_00: And you can just click on your state and it'll give you the the law and any other provisions that that are in place to protect victims or to provide services for victims.
• 14:02
  SPEAKER_00: And there's nothing to say that once you decide to not report a crime or you refuse to cooperate in the prosecution of that crime, uh the you waive your victim rights.
• 14:14
  SPEAKER_00: That's not the case.
• 14:15
  SPEAKER_00: So I had a a buddy of mine that was aware of several instances in which people had initially refused to go forward with prosecuting the person who victimized them, uh, only to change their mind and then do nothing because they thought they didn't have the ability to change their mind.
• 14:31
  SPEAKER_00: So it's extremely important to know what your rights are or someone else's rights if you're helping them when you or a family, friend, or loved one have been the victim of a crime.
• 14:44
  SPEAKER_00: Also, victims can file a complaint when they feel their rights have not been upheld in accordance with their state statutes or constitution.
• 14:51
  SPEAKER_00: Any police department or district attorney's office can tell you what agency takes reports of victims' rights violations.
• 14:58
  SPEAKER_00: In this state, it's the it's called the Division of Criminal Justice, and they handle complaints and conduct the follow-up on uh complaints when victims call and complain that they're they didn't receive the rights, they uh they weren't afforded the rights that are listed in the victim victim rights act.
• 15:18
  SPEAKER_00: I've only dealt with a few issues regarding victims' rights when I worked for police departments.
• 15:22
  SPEAKER_00: Like I said, the victim services unit uh where the victim advocates handle all the notifications, designations, they had contact with the victims for those issues.
• 15:32
  SPEAKER_00: Uh when I worked for the prison system as an investigator, we had an issue in one of the women's prisons.
• 15:38
  SPEAKER_00: Uh there's only two in this state, but there was a woman who was a registered victim.
• 15:44
  SPEAKER_00: Uh she was the victim, but her son had actually, he was, he was the listed victim of the crime because he had been killed.
• 15:52
  SPEAKER_00: But since he was dead, obviously his rights pass on to her.
• 15:57
  SPEAKER_00: And she was in prison and she was assigned to the same living unit as the woman that killed her son.
• 16:04
  SPEAKER_00: So I was contacted by our our headquarters.
• 16:08
  SPEAKER_00: I went and I talked to the woman, and uh she said that that she and her son's killer, they were good.
• 16:16
  SPEAKER_00: She said there was no reason for the prison to be concerned.
• 16:19
  SPEAKER_00: The women had known the both those women had known each other for some time, and she was actually the daughter-in-law.
• 16:24
  SPEAKER_00: Uh the killer was the daughter-in-law, and the and the victim had actually forgiven her.
• 16:29
  SPEAKER_00: So there was no uh no animosity or bad blood between them.
• 16:34
  SPEAKER_00: I thought that was that was interesting.
• 16:36
  SPEAKER_00: But the Division of Criminal Justice was concerned because the mother had had updated her, or maybe it was our victims um services unit when the mother updated her registration as a victim, she had put the uh women's prison as her address.
• 17:00
  SPEAKER_00: And then they they saw that the uh the lady that had killed the woman's son was also at that prison.
• 17:06
  SPEAKER_00: So everybody got a little excited and we had to get on that right away, but it turned out to be a big nothing.
• 17:13
  SPEAKER_00: Um so that's what if a victim is killed during the the crime or dies, the the victim status goes to the next of kin.
• 17:21
  SPEAKER_00: That's why this mother mother was a registered victim, and uh the rights extend to the victims.
• 17:29
  SPEAKER_00: They're either gonna when somebody when a victim dies or or is killed, it's gonna extend to the surviving immediate family members, a legal guardian, or a designated representative.
• 17:41
  SPEAKER_00: I've also dealt with some issues regarding the definition of a victim under the Victims Rights Act, and it's it's it's kind of vague, it's not really clear.
• 17:50
  SPEAKER_00: I've had issues where somebody reported a crime that was a VRA crime, and there was no probable cause to establish the suspect had committed a crime.
• 18:00
  SPEAKER_00: So was the person really a victim?
• 18:04
  SPEAKER_00: Like, would they be considered a victim for the for the Victims Rights Act uh purposes?
• 18:11
  SPEAKER_00: I had to check with a friend of mine, and thank you by the way, you know who you are.
• 18:18
  SPEAKER_00: She's been involved in victim services for some time, and she said when police respond to a crime and it's one of the crimes covered under the Victims Rights Act, the listed victim gets the victim services.
• 18:30
  SPEAKER_00: So if it's later discovered that there was no crime or the prosecutor refused to file the case, uh the person wouldn't be treated as a victim by the DA's office, but would still likely get resources from the police depending on the reason the DA didn't file the case.
• 18:46
  SPEAKER_00: Obviously, the police would have to advise that victim of the status, so he or she would be or should be aware that the case was closed.
• 18:55
  SPEAKER_00: Um and that's where communication is really important here.
• 18:59
  SPEAKER_00: Uh the police, law enforcement need to do a good job of advising victims regarding possible outcomes of the investigation and likelihood of successful prosecution.
• 19:08
  SPEAKER_00: Actually, that probably more likely would be the prosecutor who would discuss that with the victim.
• 19:15
  SPEAKER_00: Um but that's that's all I have as far as information on the Victims Rights Act.
• 19:23
  SPEAKER_00: Again, you can check out your own states, the rights that victims have in your own state, um, by just Googling it or going to the IACP website.
• 19:35
  SPEAKER_00: So on to today's questions.
• 19:37
  SPEAKER_00: What is a victimless crime?
• 19:39
  SPEAKER_00: So lots of people don't like this term.
• 19:42
  SPEAKER_00: Uh it refers to a crime where there's no direct identifiable victim.
• 19:46
  SPEAKER_00: The state is usually considered the victim of the crime, and those crimes would include like recreational drug use, prostitution, gambling, public intoxication, indecency, or public nudity.
• 20:01
  SPEAKER_00: Um I guess that's both nudity would there's maybe not a victim, but I guess it kind of depends on who's naked in that situation.
• 20:15
  SPEAKER_00: So if I call and report, if I was the one that saw it, I'd I'd think I'm the victim there.
• 20:22
  SPEAKER_00: Um loitering, possession of contraband, those are two other crimes.
• 20:27
  SPEAKER_00: There's an argument that these acts should not be criminalized because they don't typically hurt others and they only involve moral judgment.
• 20:35
  SPEAKER_00: Um the argument against that is that the uh these crimes harm society or create broader social costs, like the children of prostitutes or the children of drug users.
• 20:48
  SPEAKER_00: Um and I've always felt that there's a there are like um not direct, non-direct victims, children's the the children of adults involved in those offenses that I listed.
• 21:05
  SPEAKER_00: Um they're indirectly affected.
• 21:07
  SPEAKER_00: And people who live in areas where those acts take place, they're affected as well.
• 21:12
  SPEAKER_00: So I I I think they could be um indirect victims, I guess.
• 21:19
  SPEAKER_00: What should you do if you're the victim of a crime?
• 21:22
  SPEAKER_00: You have to decide if you want to report the crime to the police.
• 21:25
  SPEAKER_00: It's entirely up to you.
• 21:27
  SPEAKER_00: There are some exceptions, obviously, but I would encourage you to call the police to at least document crimes.
• 21:36
  SPEAKER_00: Um, because if you refuse to cooperate or don't want to cooperate in the process, you may never find out that the person was caught or had been committing the crimes for years or and et cetera.
• 21:49
  SPEAKER_00: You you can change your mind and decide to prosecute in the future as long as it's within the statute of limitations for the crime.
• 21:56
  SPEAKER_00: Um, but as uh as always, the DA will always have the final word on whether or not they're gonna file the charges.
• 22:03
  SPEAKER_00: Uh most of them will likely honor your wishes uh because you have rights as a victim.
• 22:10
  SPEAKER_00: And um they're the the agencies don't like being complained that they did not afford the victims the rights that are that are outlined in the statute.
• 22:27
  SPEAKER_00: Um again in this state division of criminal justice gets involved, and they can sanction agencies that don't comply with the Victims' Rights Act.
• 22:37
  SPEAKER_00: You know, I don't know how common that is.
• 22:39
  SPEAKER_00: I I know we that the agencies I've worked with, we've had some complaints.
• 22:44
  SPEAKER_00: But um I just I I don't know I have personal experience with it, having been an indirect victim of a crime, and the DA's office um filed the case, but then they then they dismissed it.
• 23:04
  SPEAKER_00: And um we called the division of criminal justice and they just basically told us to work it out with the uh with the victim advocate at the DA's office, so it's kind of disappointing.
• 23:17
  SPEAKER_00: But anyways, hopefully you don't have that situation happen to you.
• 23:23
  SPEAKER_00: What happens if you falsely report a crime?
• 23:26
  SPEAKER_00: In this state, if you falsely report a crime, you can be arrested, charged with false reporting to authorities, uh false reporting of an emergency, false reporting of identifying information.
• 23:37
  SPEAKER_00: Uh the focus is really the focus there there is really on knowing the information is false and having the intent to obstruct or mislead and the impact on the investigation and public safety, whether or not you get charged, that's probably what's going to be taken into account.
• 23:54
  SPEAKER_00: There are more serious consequences, obviously, like if you if you f report a crime and you're the witness, and then you go to court and you perjure yourself, you lie in court, um you you could be charged with perjury.
• 24:12
  SPEAKER_00: So it's also first-degree murder if you commit perjury or subordination of perjury, which means basically persuading um somebody else to commit perjury.
• 24:24
  SPEAKER_00: And if that uh results in an innocent person being convicted and executed, that you could be um charged and tried for first-degree murder.
• 24:36
  SPEAKER_00: It's kind of strange because there's no longer a death penalty in this state, so I'm not sure how that would happen unless the state charged you for perjury in a federal court in this circuit.
• 24:48
  SPEAKER_00: And I don't know why they didn't repeal or change that part of the statute when they got rid of the death penalty here.
• 24:55
  SPEAKER_00: So that's it for this episode.
• 24:57
  SPEAKER_00: In the next episode, I'm gonna talk about the prison system in the state.
• 25:01
  SPEAKER_00: Thank you for listening and take care.