THE VICTIM WITNESS PROGRAM

The Department of Justice Victim Witness program was established as a result of the Victim and Witness Protection Act of 1982, the Victims of Crime Act of 1984, the Violent Crime Control Act of 1994, the Antiterrorism and Effective Death Penalty Act of 1996, and the Victim Rights Clarification Act of 1997. These acts guaranteed federal victims and witnesses certain rights and imposed significant duties and responsibilities on the United States Attorney's Office.

The Victim and Witness Protection Act of 1982 contains several provisions to aid victims and witnesses of federal crimes. The Act is applicable to all victims and witnesses of serious crime, those involving personal violence, attempted or threatened personal violence or significant property loss. The three basic provisions of the Act are Notification, Consultation and Referral services for victims and witnesses of serious crime.

The United States Attorney's Office for the Western District of Louisiana encompasses 42 parishes. The main office is located in Shreveport at 300 Fannin Street. A manned office is located in Lafayette at 800 Lafayette St The Victim-Witness Staff is made up of one full-time Victim Witness Coordinator in Shreveport.

The Victim-Witness Staff is available to provide supportive services to innocent victims and witnesses of a crime. Victims of crime often experience physical, emotional and financial trauma as a result of their victimization. As a victim, you have certain rights and the Victim-Witness Staff is here to help you understand these rights and ensure that you are accorded those rights and services.

Definition of Victim. Any innocent victim who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a crime. The term "victim" also includes the spouse, legal guardian, parent, child, sibling, or another family member for any victim who is under 18 years of age, incompetent, incapacitated or deceased. Institutional entities are also considered victims. Any person who is culpable for the crime being investigated is not considered a victim.

Definition of Witness. A witness is someone who has information or evidence concerning a crime, and provides information regarding this knowledge to a law enforcement agency. Where the witness is a minor, the term includes an appropriate family member. The term "witness" does not include defense witnesses or those individuals involved in the crime as a perpetrator or accomplice.

VICTIM RIGHTS

• - Victims have the right to be reasonably protected from the accused;
• - Victims have 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;
• - Victims have 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;
• - Victims have the right to be reasonably heard at any public proceeding in the district court involving the release, plea, sentencing, or any parole proceeding;
• - Victims have the reasonable right to confer with the attorney for the Government in the case;
• - Victims have the right to full and timely restitution as provided in law;
• - Victims have the right to proceedings free from unreasonable delay; and
• - Victims have the right to be treated with fairness and with respect for the victim's dignity and privacy.

SERVICES PROVIDED

Notification. The Victim-Witness Staff provides notification to victims and witnesses regarding case status and court proceedings. Victims and witnesses who wish to receive notification letters should complete a Notification and Consultation Form.

Consultation. Victims are allowed to provide input at various stages of a case, including the dismissal of charges, release of accused pending trial, plea agreement terms, victim views on sentencing, and restitution. The Victim-Witness Staff is available to ensure that your views are expressed to the Assistant United States Attorney assigned to the case.

Court Assistance. The Victim-Witness Staff is available to accompany you to any court proceeding. The Staff will also provide assistance with:

The Criminal Justice Process. The judicial system can be very confusing to those who are experiencing this for the first time. The staff is here to help explain each step of the process and to notify you of all court dates, times and locations and confirm if your presence is needed. The staff will explain what you can expect when you are in court.

Transportation to Court Proceedings. If you are an out of town witness, transportation and lodging (if necessary) will be provided for you.

Referral Services. In cases where victims require medical or counseling referrals, the Victim-Witness Staff will provide victims with a list of applicable services located in the victim's area. The staff can also assist you in numerous ways regarding your particular problem. Sources for assistance can include counseling, shelters, housing and many emergency referrals.

OTHER SERVICES

Written Victim Impact Statements.  This is a victim's written or verbal statement which is submitted to the Judge to review before sentencing the defendant. It personalizes to the Judge the emotional, physical, and financial impact you and others have suffered as a direct result of the crime. The Victim-Witness Staff or the U.S. Probation Office in Shreveport or Lafayette will provide you with a Victim Impact Statement Form to complete prior to sentencing. Since some victims are uncomfortable with completing a formal statement for review, the Judge will also consider a personal letter.

Verbal Victim Impact Statement.  All Victims of Crime have the right to be reasonably heard at sentencing. Should you wish to do so, the Victim-Witness Staff will explain the process to you.

Protection for Victims and Witnesses.  The Victim-Witness Staff has certain resources available to assist victims and witnesses who feel threatened or who have received threats.

Victim Privacy.  The United States Attorney's Office takes every precaution to ensure victim's and witness's privacy is maintained.

Separate Waiting Area.  Witnesses waiting to testify wait in an area separate and away from the defendant. The Victim-Witness Staff is available to ensure witness's comfort while waiting to testify.

Safekeeping and Prompt Return of Property.  Every effort is made to return personal property to victims as soon as the circumstances of the case permit.

Notification to Employers or Creditors.  Where a victim or witness requests it, the Victim-Witness Staff can write a letter to the victim or witness's employer attesting to the fact that the victim or witness was required to be in court. If a victim is experiencing trouble in making payments to creditors because of the crime, the Staff can write a letter to the victim's creditor explaining the circumstances in which the victim finds him or herself.

Forensic Examination for Sexual Assault Victims.  The Violence Against Women Act allows victims of sex offenses to request that the United States Attorney's Office pay for 2 (an initial test and a six month follow-up test) anonymous and confidential tests for HIV and Sexual Transmitted Diseases (STD) and 2 related counseling sessions. In addition, the victim can seek a federal court order compelling a defendant to undergo HIV and STD testing. Victims should contact the Victim-Witness Staff for assistance.

VICTIM-WITNESS STAFF

 Office Hours: Monday - Friday 8:30am to 5:00pm. For assistance after hours or on weekends please call 1-800-729-7270 (Shreveport) or 1-800-676-6992 (Lafayette).

The United States Attorney's Office for the Western District of Louisiana is dedicated to ensuring that victim and witnesses are treated fairly throughout their contact with the criminal justice system. The Victim-Witness Staff is available to assist victims and witnesses to ensure their comfort and safety.