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Statement of Recommended Judicial Practices - Adopted by the National Conference of the Judiciary on the Rights of Victims of Crime

NCJ Number
93208
Date Published
1983
Length
21 pages
Annotation
This pamphlet presents recommended judicial practices adopted at the National Conference of the Judiciary on the Rights of Victims of Crimes. These recommended practices lay the groundwork for further refinements ensuring more sensitive court treatment of crime victims.
Abstract
The conference consisted of 102 trial judges from all 50 States plus the District of Columbia and Puerto Rico. Victims of crime often receive serious physical, psychological, and financial injuries as a result of their victimization. They take further risks and make personal sacrifices to perform their civic duty as witnesses. The criminal justice system depends on their cooperation in order to perform its primary function of protecting all citizens. The conference concluded that a number of steps can be taken to help victims of crime. Some of the recommendations require legislation; all call for cooperation among the varied elements of the criminal justice system. The recommendations will greatly help victims of and witnesses to crime by improving the necessary information and services provided, afford them additional protection, and create increased respect for the judicial process by improving their participation in the criminal justice system. Recommendations focus on fair treatment of victims and witnesses, victim participation protection, and judicial education. They advise that victims and witnesses be provided with essential information about court proceedings and their own rights and privileges. Further, victims and witnesses should receive full information about the criminal justice proceedings in their cases. Victims and witnesses may require special services and support, which judges should expedite. Judges should order restitution in all cases unless there is an articulated reason for not doing so, whether the offender is incarcerated or placed on probation. Victim participation, input, and cooperation with the prosecutor are urged at all stages of judicial proceedings. The protection category admonishes judges to use their authority to protect victims and witnesses from harassment, threats, intimidation, and harm. Finally, the judicial education section promotes the participation of judges in training programs dealing with crime victims and the development of such programs. All of these recommended judicial practices are subject to existing rules of court, statutes, and constitutional provisions. A list of participants is included.