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Victim and Witness Assistance - New State Laws and the System's Response

NCJ Number
96608
Journal
Judicature Volume: 68 Issue: 6 Dated: (December 1985) Pages: 220-244
Author(s)
J R Anderson; P L Woodard
Date Published
1985
Length
25 pages
Annotation
Most States have passed legislation to provide services to victims and witnesses, but inadequate attention has been paid to the operational and financial impact of the new programs on criminal justice agencies responsible for collecting and analyzing necessary information.
Abstract
Thirty-nine States, the District of Columbia, and the Virgin Islands have enacted legislation providing compensation for at least some classes of crime victims. Restitution, ordered as a condition of parole, probation, or a suspended sentence, is also provided in a variety of ways, even though restitution orders can be hard to enforce and cause administrative difficulties. A few States have raised witness fees to more than a symbolic level. Many States have adopted laws designed to secure a meaningful role for victims and witnesses by protecting them from intimidation, notifying them of events in the proceedings, providing ombudsman, and guaranteeing the right to a speedy disposition of their cases. Some States protect the jobs of victims and witnesses while they are taking part in criminal proceedings. Some States expedite the return of recovered property to victims. Children, spouses, sexual assault victims, the handicapped, the elderly, and even school teachers and the police are given special benefits in some States. Wide-ranging recommendations in these areas have resulted from several task forces. Confidentiality considerations and public disclosure are two major issues in the area of victim and witness assistance. State legislatures and other policymakers need to focus on the operational and policy implications of the new programs for criminal justice agencies and information systems. States also need to clarify the issue of disclosure of victim and witness data. A total of 159 footnotes are supplied.

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