§3771 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Gives people harmed by a federal or District of Columbia crime a list of rights they must be allowed during criminal cases. Victims must be protected from the accused. They must get timely, accurate notice about public court hearings, parole hearings, and any release or escape of the accused. Victims can attend public court proceedings unless the judge finds strong proof that hearing other testimony would change the victim’s own testimony. Victims have the right to speak at hearings about release, pleas, sentencing, or parole, and to consult reasonably with the government’s lawyer. They are entitled to full and timely restitution under the law, prompt proceedings, fair and respectful treatment that protects their dignity and privacy, notice of plea bargains or deferred prosecutions, and information about their rights and available services plus contact details for the Department of Justice Victims’ Rights Ombudsman. Courts must make sure these rights are respected and must try hard to let victims attend; any denial must be put on the record. In federal habeas cases from state convictions, courts must protect the victim’s rights to attend, to be heard, to timely proceedings, and to fair treatment. Department of Justice staff must try to notify victims and protect their rights, and prosecutors must tell victims they can get a lawyer. Victims or their lawful representatives and the government lawyer can enforce these rights; the accused cannot. If a district court denies relief, the victim can ask the court of appeals for a writ of mandamus; the appeals court must act within 72 hours unless the parties agree otherwise, and enforcement cannot be delayed more than five days. A victim may move to reopen a plea or sentence only if they were denied the chance to be heard, petition the court of appeals within 14 days, and (for pleas) the defendant did not plead to the highest charge. This law does not create a right to money damages against the United States. The Attorney General must issue enforcement regulations within 1 year after enactment, including a complaints office, training, possible discipline up to suspension or termination for willful noncompliance, and a rule that the Attorney General’s decision on complaints is final with no judicial review. Definitions (one line each): - "Court of appeals": the U.S. court of appeals for the district where the defendant is prosecuted, or the D.C. Court of Appeals for D.C. prosecutions. - "Crime victim": a person directly harmed by a federal or D.C. offense; if the victim is dead or unable to act, a family member or lawful representative may act for them.

Title 18, §3771

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)A crime victim has the following rights:

(1)The right to be reasonably protected from the accused.

(2)The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.

(3)The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.

(4)The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.

(5)The reasonable right to confer with the attorney for the Government in the case.

(6)The right to full and timely restitution as provided in law.

(7)The right to proceedings free from unreasonable delay.

(8)The right to be treated with fairness and with respect for the victim’s dignity and privacy.

(9)The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.

(10)The right to be informed of the rights under this section and the services described in section 503(c) of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) 11 See References in Text note below. and provided contact information for the Office of the Victims’ Rights Ombudsman of the Department of Justice.

(b)(1)In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record.

(2)(A)In a Federal habeas corpus proceeding arising out of a State conviction, the court shall ensure that a crime victim is afforded the rights described in paragraphs (3), (4), (7), and (8) of subsection (a).

(B)(i)These rights may be enforced by the crime victim or the crime victim’s lawful representative in the manner described in paragraphs (1) and (3) of subsection (d).

(ii)In a case involving multiple victims, subsection (d)(2) shall also apply.

(C)This paragraph relates to the duties of a court in relation to the rights of a crime victim in Federal habeas corpus proceedings arising out of a State conviction, and does not give rise to any obligation or requirement applicable to personnel of any agency of the Executive Branch of the Federal Government.

(D)For purposes of this paragraph, the term “crime victim” means the person against whom the State offense is committed or, if that person is killed or incapacitated, that person’s family member or other lawful representative.

(c)(1)Officers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a).

(2)The prosecutor shall advise the crime victim that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a).

(3)Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person.

(d)(1)The crime victim or the crime victim’s lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter.

(2)In a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in subsection (a), the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings.

(3)The rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the district court in the district in which the crime occurred. The district court shall take up and decide any motion asserting a victim’s right forthwith. If the district court denies the relief sought, the movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed, unless the litigants, with the approval of the court, have stipulated to a different time period for consideration. In deciding such application, the court of appeals shall apply ordinary standards of appellate review. In no event shall proceedings be stayed or subject to a continuance of more than five days for purposes of enforcing this chapter. If the court of appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion.

(4)In any appeal in a criminal case, the Government may assert as error the district court’s denial of any crime victim’s right in the proceeding to which the appeal relates.

(5)In no case shall a failure to afford a right under this chapter provide grounds for a new trial. A victim may make a motion to re-open a plea or sentence only if—

(A)the victim has asserted the right to be heard before or during the proceeding at issue and such right was denied;

(B)the victim petitions the court of appeals for a writ of mandamus within 14 days; and

(C)in the case of a plea, the accused has not pled to the highest offense charged.

(6)Nothing in this chapter shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction.

(e)For the purposes of this chapter:

(1)The term “court of appeals” means—

(A)the United States court of appeals for the judicial district in which a defendant is being prosecuted; or

(B)for a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals.

(2)(A)The term “crime victim” means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia.

(B)In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim’s estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim’s rights under this chapter, but in no event shall the defendant be named as such guardian or representative.

(3)The terms “district court” and “court” include the Superior Court of the District of Columbia.

(f)(1)Not later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims.

(2)The regulations promulgated under paragraph (1) shall—

(A)designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim;

(B)require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims;

(C)contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and

(D)provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 503(c) of the Victims’ Rights and Restitution Act of 1990, referred to in subsec. (a)(10), is section 503(c) of title V of Pub. L. 101–647, which was classified to section 10607(c) of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 20141(c) of Title 34, Crime Control and Law

Enforcement

. The Federal Rules of Appellate Procedure, referred to in subsec. (d)(3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The date of enactment of this chapter, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 108–405, which was approved Oct. 30, 2004.

Prior Provisions

A prior section 3771, acts

June 25, 1948, ch. 645, 62 Stat. 846;

May 24, 1949, ch. 139, § 59, 63 Stat. 98;

May 10, 1950, ch. 174, § 1, 64 Stat. 158;

July 7, 1958, Pub. L. 85–508, § 12(k), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86–3, § 14(g), 73 Stat. 11; Oct. 17, 1968, Pub. L. 90–578, title III, § 301(a)(2), 82 Stat. 1115, related to procedure to and including verdict, prior to repeal by Pub. L. 100–702, title IV, §§ 404(a), 407, Nov. 19, 1988, 102 Stat. 4651, 4652, effective Dec. 1, 1988.

Amendments

2015—Subsec. (a)(9), (10). Pub. L. 114–22, § 113(a)(1), added pars. (9) and (10). Subsec. (d)(3). Pub. L. 114–22, § 113(c)(1), inserted “In deciding such application, the court of appeals shall apply ordinary standards of appellate review.” before “In no event shall”. Pub. L. 114–22, § 113(a)(2), inserted “, unless the litigants, with the approval of the court, have stipulated to a different time period for consideration” after “after the petition has been filed”. Subsec. (e). Pub. L. 114–22, § 113(a)(3), substituted “For the purposes of this chapter:” for “For the purposes of this chapter, the term”, designated remainder of existing provisions as par. (2) and inserted par. heading, in par. (2), inserted subpar. (A) designation, heading, and “The term” before “ ‘crime victim’ means” and inserted subpar. (B) designation and heading before “In the case”, and added pars. (1) and (3). 2009—Subsec. (d)(5)(B). Pub. L. 111–16 substituted “14 days” for “10 days”. 2006—Subsec. (b). Pub. L. 109–248 designated existing provisions as par. (1), inserted heading, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 Amendment Pub. L. 114–22, title I, § 113(c)(2),

May 29, 2015, 129 Stat. 241, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act [

May 29, 2015].”

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.

Short Title

of 2004 Amendment Pub. L. 108–405, title I, § 101, Oct. 30, 2004, 118 Stat. 2261, provided that: “This title [enacting this chapter and section 10603d and 10603e of Title 42, The Public Health and Welfare, repealing section 10606 of Title 42, and enacting provisions set out as a note under this section] may be cited as the ‘Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims’ Rights Act’.” Reports on Assertion of Crime Victims’ Rights in Criminal Cases Pub. L. 108–405, title I, § 104(a), Oct. 30, 2004, 118 Stat. 2265, provided that: “Not later than 1 year after the date of enactment of this Act [Oct. 30, 2004] and annually thereafter, the Administrative Office of the United States Courts, for each Federal court, shall report to Congress the number of times that a right established in chapter 237 of title 18, United States Code, is asserted in a criminal case and the relief requested is denied and, with respect to each such denial, the reason for such denial, as well as the number of times a mandamus action is brought pursuant to chapter 237 of title 18, and the result reached.”

§3771 Crime Victims’ Rights

Summary

Title 18, §3771

Notes & Related Subsidiaries

Editorial Notes

References in Text

Enforcement

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Short Title

Citations & Metadata