1.15. Victim Rights and Assistance 
SHANELL SANCHEZ 
Definition of a Victim 
The CJ system refers to a victim as a person who has been directly harmed by a crime that was committed 
by another person. In some states, victims’ rights apply only to victims of felonies (more serious crimes) while 
other states also grant legal rights to victims of misdemeanors (less serious crimes). Some states allow a family 
member of a homicide victim or the parent or guardian of a minor, incompetent person, or person with a 
disability to exercise these rights on behalf of the victims. 
1 
The U.S. criminal justice system first introduced services for victims of federal criminal offenses during the 
1980s. In the 1990s it was made law and Congress created the Victim’s Rights and Restitution Act H.R.5368. 
The Act requires all Federal law enforcement agency officers and employees to make their best efforts to 
accord victims of crime with the right to (1) be treated with fairness and respect for the victim’s dignity and 
privacy; (2) be protected from their accused offenders; (3) notification of court proceedings; (4) attend public 
court proceedings related to the offense under certain conditions; (5) confer with the Government attorney 
assigned to the case; (6) restitution; and (7) information about the conviction, sentencing, imprisonment, and 
release of the offender. Directs Federal law enforcement agency heads to designate the persons responsible 
for identifying the victims of a crime and providing certain services to such victims such as: (1) informing 
them where to receive medical care and counseling; (2) arranging protection from an offender; and (3) 
keeping the victim informed of developments during the investigation and prosecution of the crime and 
after the trial such as the arrest of a suspected offender or an escape of a convicted offender. 
2 
The state prosecutes criminal offenses in the name of society, which is why cases are Smith v. Colorado, 
so victims and families were often not included in the process since they were not a necessary part of the 
court system. Today we have introduced various rights and include victim-impact statements. Victim-
impact statements given an account by the victim, the victim’s family, or others affected by the offense that 
expressed the effects of the offense. 
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1. The National Center for Victims of Crime. (2012). Victim's rights. http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-
for-crime-victims/victims%27-rights 
2. https://www.congress.gov/bill/101st-congress/house-bill/5368 H.R.5368 - Victims' Rights and Restitution Act of 1990 101st Congress 
(1989-1990) 
3. http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/victims%27-rights 
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