A victim of crime
A victim of a crime is a person who has undergone physical or emotional injury because of a crime (Jackson, 2003). The different categories of crimes a victim may experience include violent attacks, sexual assaults, or robbery. Louisiana’s crime victim rights are drawn in recognition of civic and moral duty of the victims of crime to be involved fully and voluntarily in the prosecution of crimes that affect them. The main idea of the statute is to foster the cooperation of the citizens affected by crimes to enhance the effectiveness of the justice system in Louisiana (National Crime Victim Law Institute, n.d.). The following paper summarizes Louisiana’s victim rights law by describing the rights, process, and benefits.
Rights
Constitutional protection for victims of crime is a fundamental right in both the federal and states governments in U.S. Louisiana ratified the rights for crime victims in 1998. The rights are enshrined in article 1, section 25. It states that a victim of crime should be accorded fair treatment, respect, and dignity (National Crime Victim Law Institute, n.d.). The law provides that the victim of a crime should be given reasonable notice and has the right to be present during the critical stages of court proceedings. In addition, the victim has the right to be notified upon the release of the offender or escape. It also confers the right to refuse to be interviewed by the person accused of committing the offense or a person representing the accused. Furthermore, the victim has the right to seek prompt execution of the case. In case the victim of the crime is a minor, the parent or the guardian has the right to request the notification. Similarly, for incapacitated or deceased victims, family members or guardians have the right to request the notifications.
Process
There is a formal process of exercising the right as conferred by Louisiana’s crime victim rights. To exercise the right and receive notices as outlined in the law, the victim or the family member representing the victim must complete Louisiana Victim Notice and Registration Form (Louisiana District Attorneys Association, 2015). The form is filled in the presence of a law enforcement agency that is given the mandate to investigate the crime. The form contains a section that should be filled by law enforcement officers at the scene of the crime and a section for the victim or his/her representatives. The reinforcement agency follows the steps for the prosecution of a criminal case that include the arrest, screening, grand hearing, arraignment, and court hearing proceedings. The law mandates that the Louisiana Victim Notice and Registration Form must be distributed to the victim or the victim’s family members. The notices should include the reasonable time for the judicial proceeding that relates to the case.
Benefits
Louisiana’s crime victim rights ensure that the victim of crime is not sidelined in the proceeding that relates to the court proceedings. For instance, the victim of crime participates in completing a victim impact statement which helps the court in understanding the implications of the crime on the victim’s life. In addition, the victim can benefit from restitution in which the judge compels the accused to pay for the losses. The victim of crime has the benefit of protection of privacy especially when evidence of the crime such as pornography or obscenity pertains to minors (Jackson, 2003). In addition, the law provides that the victim of the crime benefits from emergency, medical and social services that may be necessary.
References
Jackson, J. D. (2003). Justice for all: putting victims at the heart of criminal trial. Journal of Law and Society, 3 (1), 30.
Louisiana District Attorneys Association. (2015). Victim Services. Web.
National Crime Victim Law Institute. (n.d.). Louisiana victims’ rights laws. Web.