Northern District of Indiana - Victim Witness - Victims' Rights
18 U.S.C. § 3771(a): Victims' Rights
(a) Best efforts to accord rights
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 victims of crime are accorded the rights described in subsection (b) of this section.
(b) STATUTORY Rights of crime victims
As a victim of a Federal crime, you have the following rights under 18 U.S.C. § 3771(a):
(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. However, be advised that the law does not require providing information that may endanger the safety of any person.
(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.
United States Attorney's Office Role: Our role as employees of the United States Attorney's Office is to inform you of your rights, explain the Federal criminal justice process and to provide you with notification of events in the pending criminal matter. We cannot give you legal representation and none of our actions on your behalf constitute an attorney-client relationship. Please be advised that the interests of the United States may occasionally diverge from your interests as a victim.Additional Information: You may at any time seek the advice of a private attorney concerning these rights at your own expense and discretion. This office can not provide legal advice or representation. The Government is not your personal attorney.
(c) No cause of action or defense
This section does not create a cause of action or defense in favor of any person arising out of the failure to accord to a victim the rights enumerated in subsection (b) of this section.
______________________________________________________________________
Congress, in the Crime Victim’s Rights Act (“CVRA”) (18 U.S.C. § 3771), has outlined rights that must be afforded to federal crime victims. A list of those rights can be found above. This District (Northern District of Indiana) is fully committed to ensuring that crime victims in cases that we prosecute are afforded each of these rights.
The Department of Justice (“DOJ”) has issued regulations (found at 28 C.F.R. Part 45.10) to implement procedures to receive and investigate complaints alleging the failure of DOJ employees to provide crime victims rights afforded by the CVRA. As required by these regulations, this office has designated a Victim Rights Point of Contact (“VRPOC”) to perform the initial investigations and to review CVRA complaints.
To commence an investigation of any alleged failure to provide CVRA rights to a crime victim by an employee of the District, the crime victim must submit a completed complaint to the NDIN’s Victim Rights Point of Contact (“VRPOC”). The address of this District’s VRPOC is listed on the CVRA complaint form. A copy of the CVRA complaint form can be obtained by: (1) downloading it (see below); (2) picking up a copy from any of this District’s three staffed offices; or (3) through the mail or via fax (upon either a written or oral request).
The completed form (bearing an original signature) must: (1) be submitted within sixty (60) days of the victim’s knowledge of the alleged violation by the DOJ employee, but not more than one year after the actual violation; (2) be signed by the crime victim or an authorized representative of the crime victim; and (3) be sent to this District’s VRPOC at the address indicated on the form.
The crime victim will receive written notification of this Office’s receipt of the complaint. A full description of the steps involved in processing and investigating a CVRA complaint is outlined in the DOJ regulations.
* VCRA Complaint Form (PDF - English)
* VCRA Complaint Form (PDF - en Espanol)