PRIA, Government Policy, Made Personal

Summary

A U.S. district court must not keep a victim out of a defendant’s trial just because the victim might later speak or give information at sentencing. In death‑penalty cases the same rule applies, and victims may testify at sentencing about how the crime affected them and their family or about other matters listed in section 3593(a). "Victim" means the people listed in section 503(e)(2) of the Victims’ Rights and Restitution Act of 1990.

Title 18, §3510

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Non-Capital Cases.—

Notwithstanding any statute, rule, or other provision of law, a United States district court shall not order any victim of an offense excluded from the trial of a defendant accused of that offense because such victim may, during the sentencing hearing, make a statement or present any information in relation to the sentence.

(b)Capital Cases.—

Notwithstanding any statute, rule, or other provision of law, a United States district court shall not order any victim of an offense excluded from the trial of a defendant accused of that offense because such victim may, during the sentencing hearing, testify as to the effect of the offense on the victim and the victim’s family or as to any other factor for which notice is required under section 3593(a).

(c)Definition.—

As used in this section, the term “victim” includes all persons defined as victims in section 503(e)(2) of the Victims’ Rights and Restitution Act of 1990.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 503(e)(2) of the Victims’ Rights and Restitution Act of 1990, referred to in subsec. (c), is classified to section 20141(e)(2) of Title 34, Crime Control and Law

Enforcement

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 105–6, § 2(d), Mar. 19, 1997, 111 Stat. 13, provided that: “The

Amendments

made by this section [enacting this section and amending section 3593 of this title] shall apply in cases pending on the date of the enactment of this Act [Mar. 19, 1997].”

§3510 Rights of Victims to Attend and Observe Trial