§3771 Crime Victims’ Rights

Summary

Gives crime victims a set of rights during federal cases. Victims must be kept reasonably safe from the accused and told in a timely way about public court hearings, parole hearings, or the accused’s release or escape. Victims generally have the right to attend public court events and to speak at hearings about release, pleas, sentencing, or parole. They can talk with the government lawyer in the case, get full and timely restitution, expect proceedings without unnecessary delay, and be treated with fairness, dignity, and privacy. Victims must also be told about plea deals or deferred prosecutions and given information about victim services and the Justice Department’s Victims’ Rights Ombudsman. Courts must protect these rights and try hard to let victims attend unless a judge finds a strong reason to exclude them. In federal habeas cases after a state conviction, victims are guaranteed certain basic rights (to attend, be heard, avoid delays, and be treated fairly). Justice Department staff must try to notify victims and help them get these rights. Victims or their lawful representatives (and the government lawyer) can ask the court to enforce the rights. If a district court denies relief, a victim may seek a writ of mandamus from the court of appeals, which must act quickly (usually within 72 hours) and cannot delay enforcement more than 5 days. A victim’s denied right is not usually a reason for a new trial; reopening a plea or sentence is allowed only if the victim was denied the chance to be heard, petitions the court of appeals within 14 days, and (for pleas) the defendant did not plead to the highest charge. The Attorney General must make enforcement rules within 1 year, set up a complaint office, require training, impose discipline for willful violations, and be the final decisionmaker on complaints (not subject to judicial review). The law does not create a right to money damages against the United States or its employees.