what part of the presentence report addresses harm to the victim?
Crime Victims' Legal Rights
Victims' Rights in the Commune of Columbia
- Exist treated with fairness and with respect for the victim's dignity and privacy.
- Be reasonably protected from the accused offender.
- Be notified of court proceedings.
- Exist nowadays at all courtroom proceedings related to the law-breaking, including the sentencing, and release, parole, record-sealing, and mail service-conviction hearings, unless the court determines that testimony by the victim would be materially afflicted if the victim heard other testimony or where the needs of justice otherwise crave.
- Confer with an chaser for the prosecution in the case which does not include the authority to direct the prosecution of the example.
- An order of restitution from the person bedevilled of the criminal conduct that caused the victim'southward loss or injury.
- Information nigh conviction, sentencing, imprisonment, detention, and release of the offender, and about whatsoever courtroom order to seal the offender'south criminal records.
- Detect of the rights provided in this chapter and under the laws of the District of Columbia.
- Be notified of any available victim abet or other appropriate person to develop a safe program and appropriate services.
DC Lawmaking Section 23-1901
Victims' Rights at Sentencing
- Criminal offense victims shall accept the right to be present at the defendant'south sentencing, release, parole, post-confidence, and tape-sealing hearings.
- Crime victims shall have the right to submit, prior to the imposition of sentence, a written victim touch argument containing information apropos whatsoever emotional, psychological, financial, or physical damage washed to or loss suffered past the victim.
- In determining the appropriate sentence to be imposed on the defendant, the Court shall consider any victim impact argument submitted in accordance with this affiliate and such statement shall exist made a part of the pre-sentence study filed past the Court Services and Offender Supervision Agency.
- Crime victims shall have the right to offer at the accused'south release or parole hearing a written statement of the victim's opinion whether the accused should be granted release or parole.
- Offense victims shall have the right to make a argument at the accused's sentencing and record-sealing hearings. The absence of the crime victim shall non forbid the courtroom from property the sentencing or record-sealing hearings.
- (1) In add-on to a crime victim, a representative of a community afflicted by the crime of which the defendant has been convicted shall have the right to submit, prior to imposition of sentence, a community impact statement and the court shall consider the customs affect argument in determining the appropriate judgement to exist imposed on the defendant. If more than i customs is affected, each may submit a statement pursuant to this paragraph.
- (two) Sentencing in a misdemeanor case shall not exist continued solely because a community touch on statement has not been submitted.
- (three) The Main Approximate of the Superior Court shall establish reasonable procedures with respect to fourth dimension and way in which community impact statements are submitted to the courtroom.
DC Code Section 23-1904
Rights in the Juvenile Justice Arrangement
- Be treated with nobility, respect, courtesy, sensitivity, and with respect for the victim's or eyewitness'south privacy
- Exist notified in advance of the dates and times of juvenile factfinding hearings, transfer hearings, disposition hearings, and post-disposition hearings.
- During whatever stage of the investigative proceedings or court proceedings, to provided, to the extent practicable, a waiting area that is separate from the child declared to be delinquent and the family unit and friends of the kid declared to exist delinquent.
- Be informed by the appropriate juvenile justice agency of financial assistance, criminal injuries compensation, and any other available social services available to the victim, and receive assistance or information on how to apply for such programs
- Be advised of the right to take stolen and other property promptly returned and, on written request, have the belongings promptly returned past law enforcement agencies when means can be employed to otherwise satisfy evidentiary requirements for prosecution, unless there is a compelling police enforcement reason for retaining the stolen property.
- Be informed, in appropriate cases, past the Corporation Counsel of the correct to request restitution.
- A victim and the victim'due south immediate family members have the right to submit a victim impact statement in all cases and have the victim touch on statement considered in the disposition of the instance. The Corporation Counsel and the Managing director of Social Services shall inform the victim and the victim'due south immediate family members or caretaker, or their duly authorized attorney, of such right.
- Before, during, and immediately after any court proceeding, the court shall provide advisable safeguards to minimize the contact that may occur between the respondent, or respondent's family and witnesses forrespondent, and the victim, eyewitnesses for the Corporation Counsel, and the family of the victim or the Corporation Counsel's eyewitnesses.
- Except as otherwise mandated past law, the District government shall not be required to disclose the names or addresses of its witnesses prior to a hearing.
- The respondent, the respondent'southward chaser or another person acting on behalf of the respondent shall conspicuously identify himself or herself every bit being, representing, or interim on behalf of the respondent at the beginning of whatsoever contact with the victim, the victim's family unit, or other person believed to be eyewitnesses to the offenses charged.
DC Code department sixteen-2340
Sexual Assault Survivors Rights
- The correct non to be prevented from, or charged for, receiving a medical forensic test.
- The right to have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter.
- The correct to exist informed of any result of a sexual assault bear witness collection kit, including a DNA contour match, toxicology report, or other information collected as part of a medical forensic exam, if such disclosure would not impede or compromise an ongoing investigation.
- The right to be informed in writing of policies governing the collection and preservation of a sexual assault testify collection kit.
- The right to, upon written request, receive written notification from the appropriate official with custody of the evidence drove kit not later than 60 days before the appointment of the intended destruction or disposal of the kit.
- The right to be granted, upon written request, further preservation of the kit or its probative contents.
- The right to be informed of these rights.
Public Constabulary No. 114-236
Rights of Child Victims
- In some cases, a court may permit the kid to testify outside the court, using a two-style closed circuit tv set, or in a deposition before the trial.
- A child victim's identity must remain confidential.
- When possible, a child abuse squad, including law, prosecutors, doctors, and therapists, should be assembled to support the victimized child and prevent farther trauma.
- In some cases, the judge may order the courtroom closed to anyone who does non have a direct involvement in the case.
- In some cases, the judge may appoint a guardian ad litem to advocate throughout the court proceedings for the best interests of the child.
- When testifying, the child has the right to be accompanied and supported past an adult.
eighteen U.S. Lawmaking § 3509
Federal Crime Victims' Rights
- The right to be reasonably protected from the defendant.
- The right to reasonable, authentic, and timely detect of any public courtroom proceeding, or whatever parole proceeding, involving the crime or of any release or escape of the accused.
- The right not to be excluded from any such public court proceeding, unless the court, afterwards receiving articulate and convincing show, determines that testimony by the victim would exist materially altered if the victim heard other testimony at that proceeding.
- The correct to be reasonably heard at whatever public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
- The reasonable right to confer with the attorney for the Government in the case.
- The correct to full and timely restitution equally provided in law.
- The right to proceedings gratuitous from unreasonable delay.
- The right to be treated with fairness and with respect for the victim's dignity and privacy.
- The right to be informed in a timely way of any plea deal or deferred prosecution agreement.
- The right to exist informed of these rights nether this section and the services described in section 503(c) of the Victims' Rights and Restitution Act of 1990 (42 U.Due south.C. § 10607(c)) and provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice.
18 U.S. Code § 3771
Source: https://ovsjg.dc.gov/page/crime-victims-legal-rights
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