Under the "Justice for All Act of 2004," codified at 18 U.S.C. § 3771, a crime victim has specified rights, as follows:
(a) RIGHTS OF CRIME VICTIMS.—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.
In addition, crime victims have the right to seek the advice of an attorney with respect to these rights if they so choose.
The Justice for All Act, 18 U.S.C. § 3771(d)(2), also provides:
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.
Under federal law, restitution is awarded to victims of crime without regard to the ability of the defendant to pay the restitution ordered. Therefore, orders of restitution may be entered in cases in which the defendant lacks the funds to pay the restitution ordered by the court. See 18 U.S.C. § 3664(f).
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