Vol. 37, Number 2 —February 2005

Justice for All Act Guarantees Victims' Rights

In addition to provisions requiring DNA testing, P.L.108-405 includes a section on Crime Victims’ Rights, and articulates a list of rights guaranteed to victims of federal crimes.

They include the right to be reasonably protected from the accused, and to reasonable, accurate and timely notice of any public court proceeding involving the crime, or of any release or escape of the accused.

The law also gives a victim the right not to be excluded from any public court proceeding unless the court determines that the victim’s testimony would be materially altered if the victim heard other testimony at that proceeding.

Victims are given the right to be reasonably heard at any public district court proceeding involving release, plea, or sentencing of the accused. They also are given the reasonable right to confer with the government attorney in the case, full and reasonable restitution as provided in law, proceedings free from unreasonable delay, and the right to be treated with fairness and respect.

According to the Act, “If a crime victim is denied any of these rights or excluded from a court proceeding, the court must state the reason(s) on the record . . . . In addition, if a district court denies any of these rights, either the victim or the government may petition the court of appeals for a writ of mandamus.”

The Act also establishes reporting requirements for the Administrative Office with respect to activities of each federal court affecting crime victims’ rights. Specifically, the AO must report annually to Congress the number of times that a right established under the Act is asserted and the relief requested is denied, the reason for each such denial, and the number of times a mandamus action is brought and its result.

The Judiciary does not anticipate a significant change in the way trials are conducted as a result of the new law. That is because victims routinely have been accorded the rights contained in the Act, and judicial officers do not foresee many denials of those rights.

Under the Act, the Department of Justice and other law enforcement departments and agencies are required to make their best efforts to see that crime victims are notified of, and accorded, their rights.