Section 4 Victims Rights and Remedies 121

Table 4.1 Federal Legislation Pertaining to Victims Rights

Legislation Timeline Key Provisions
Federal Victim Witness
Protection Act (1982)
Provided for the punishment of anyone who tampers with a witness, victim, or informant
If victim provided address and telephone number, required notification for arrest of the accused,
times of court appearances at which victim may appear, release or detention of accused, and
opportunities for victim to address the sentencing court
Recommended federal officials consult with victims and witnesses regarding proposed dismissals and
plea negotiations
Required that officials not disclose the names and addresses of victims and witnesses
Victims of Crime Act
(1984)
Established the Crime Victims Fund, which promoted state and local victim support and
compensation programs
In 1998, amended to require state programs to include survivors of victims of drunk driving and
domestic violence in eligibility for federal funds
Child Victims Bill of
Rights (1990)
Children who are victims or witnesses are provided these rights:
That proceedings be explained in language children can understand
A victims advocate can be present at interviews, hearings, and trial
A secure waiting area at trial
Certain personal information kept private unless otherwise specified by the child or guardian
An advocate to discuss with the court their ability to understand proceedings
Information provided about agencies for assistance and referrals made to such agencies
Victims Rights and
Restitution Act (1990)
Provided victims with the right to
be reasonably protected from the accused;
reasonable, accurate, and timely notice of any public proceeding involving the crime or any
release or escape of the accused and to not be excluded from such proceedings;
be reasonably heard at any public proceeding involving release, plea, or sentencing;
confer with the attorney for the government in the case;
be given full and timely restitution as provided by law;
have proceedings free from unreasonable delay;
be treated with fairness and with respect for the victims dignity and privacy
Violent Crime Control
and Law Enforcement
Act (1994)
Allocated $1.6 billion to fight violence against women
Included money for victims services and advocates and for rape education and community
prevention programs
Violence Against
Women Act (1994)
Provided $1 billion to programs designed to reduce and respond to violence against women
Increased funding for victim compensation programs and established a national sex offender registry
Antiterrorism and
Effective Death Penalty
Act (1996)
Made restitution mandatory in violent crime
Expanded compensation and assistance to victims of terrorism
Victims Rights
Clarification Act (1997)
Gave victims the right to provide victim impact statements during sentencing in capital and
noncapital cases, and the right to attend the trial of their offender was clarified
(Continued)