RECOMMENDATION #4: A prosecutor should provide crime victims information on how to request the rights provided by the Missouri Constitution and state statutes. Commentary: Section 32.1(8) of the Missouri Constitution grants crime victims the right to information about how the criminal justice system works. Section 595.209, RSMo sets out the procedure for crime victims to obtain this information, which includes a request in writing. It is fundamentally important to inform victims of their rights to request in writing the benefits of section 595.209, RSMo. Notification should be given to crime victims within three business RECOMMENDATION #5: days of the setting of court dates for bond hearings, preliminary hearings, grand jury sessions, depositions, 491 motions, bench or jury trials, guilty pleas, sentencings, and probation revocation hearings. Whenever possible, a prosecutor should ask for a court date or time that accommodates a crime victim’s schedule. Crime victims should be apprised of the right to be heard at any RECOMMENDATION #6: bond hearing or sentencing hearing. Crime victims should be given the opportunity to meet in person with a prosecutor prior to any bond hearing or sentencing hearing to discuss what they wish to express and the manner in which they wish it to be expressed Commentary: Some crime victims will wish to express their thoughts in person, by letter to the court, via the prosecutor, or some other manner. Prosecutors should make every reasonable effort to accommodate crime victims’ wishes in this regard. RECOMMENDATION #7: A prosecutor should make a reasonable effort to seek trial from a crime victim about the disposition of a case prior to making a plea recommendation. Commentary: Missouri law provides crime victims the right to be heard, and good communication with a crime victim is critical so that a prosecutor can make an informed decision regarding disposition of a case by plea. Relevant factors for discussion could include: (1) the range of punishment; (2) factors that impact a plea recommendation; and (3) a reasonable effort to gather information from a crime victim. Missouri Association of Prosecuting Attorneys Special Victims Best Practices Subcommittee (Initial General Recommendations) (Approved October 2015)
RECOMMENDATION #4: A prosecutor should provide crime victims information on how to request the rights provided by the Missouri Constitution and state statutes. Commentary: Section 32.1(8) of the Missouri Constitution grants crime victims the right to information about how the criminal justice system works. Section 595.209, RSMo sets out the procedure for crime victims to obtain this information, which includes a request in writing. It is fundamentally important to inform victims of their rights to request in writing the benefits of section 595.209, RSMo. RECOMMENDATION #5: Notification should be given to crime victims within three business days of the setting of court dates for bond hearings, preliminary hearings, grand jury sessions, depositions, 491 motions, bench or jury trials, guilty pleas, sentencings, and probation revocation hearings. Whenever possible, a prosecutor should ask for a court date or time that accommodates a crime victim’s schedule. RECOMMENDATION #6: Crime victims should be apprised of the right to be heard at any bond hearing or sentencing hearing. Crime victims should be given the opportunity to meet in person with a prosecutor prior to any bond hearing or sentencing hearing to discuss what they wish to express and the manner in which they wish it to be expressed Commentary: Some crime victims will wish to express their thoughts in person, by letter to the court, via the prosecutor, or some other manner. Prosecutors should make every reasonable effort to accommodate crime victims’ wishes in this regard. RECOMMENDATION #7: A prosecutor should make a reasonable effort to seek from a crime victim about the disposition of a case prior to making a plea recommendation. Commentary: Missouri law provides crime victims the right to be heard, and good communication with a crime victim is critical so that a prosecutor can make an informed decision regarding disposition of a case by plea. Relevant factors for discussion could include: (1) the range of punishment; (2) factors that impact a plea recommendation; and (3) a reasonable effort to gather information from a crime victim. Missouri Association of Prosecuting Attorneys Special Victims Best Practices Subcommittee (Initial General Recommendations) (Approved October 2015) trial
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