Download Understanding Victim Family Survivor Rights_Manning

Understanding Victim Rights in
Mass Violence Cases
Katharine L. Manning
Executive Office for U.S. Attorneys
U.S. Department of Justice
Outline
• General overview of victims’ rights in the federal
criminal justice system
• Unique issues arising in according victim rights
in mass violence cases
• Applying victim rights in mass violence cases
• Case studies
Federal Victims’ Rights Laws
• Victims’ Rights and Restitution Act
(1990), 42 U.S.C. section 10607 –
mandatory services
• Crime Victims’ Rights Act (2004), 18
U.S.C. section 3771 – enforceable rights
Definition of Victim
• VRRA: person that has suffered direct physical,
emotional or pecuniary harm as a result of the
commission of a crime
• CVRA: person that has suffered direct and
proximate harm as a result of the commission of
a Federal offense
VRRA Services
• Identification
• Protection
• Information
• Services referrals
• Return of property
CVRA Rights
•
•
•
•
•
•
•
•
Protection
Notification
Attendance
Hearing
Conferring with the prosecutor
Restitution
Proceedings free from delay
Fairness and respect for dignity and privacy
Unique Challenges
• Injury to victims is severe, complex, and
long lasting
• Intense media coverage
• Victims can be geographically diverse and
large in number
• Length of time from crime to criminal
justice proceedings
• Often, victim was symbol for government
→ expectations of government
Who is a Victim?
• Family members of deceased
• Those who suffered physical injuries at the
scene
• Those who lost property
• First responders
• The community as a whole?
Identifying Victims
• Developing victim list is a priority. Who is
missing? Who is the next of kin? Contact
information for NOK
• Privacy issues between NGOs and government
• Distant families
• Foreign victims
• Can use media to help with getting word out
Services During Investigation
• Information, information, information
• Death notification
• Return of remains, personal effects
• Centralized information/respite center for
victim families
• Assistance with emergency travel and expenses
• Temporary housing
Services During Investigation
• Crisis intervention: water and tissues rather
than therapy
• Assistance with financial and legal issues such as
victim compensation, insurance claims, death
certificates, wills and estates, charitable funds
• Services for special groups especially children,
first responders
• Funeral and burial planning
• Quality control: prevent fraud and identity theft
Services Transitioning to Prosecution
• FACs are closing down, need continued points of
contact
• Providers are moving toward longer-term
services such as a case management office,
unmet needs committee (800 numbers, website,
office location)
• Mental health counseling needs emerge
• Keep up communication
Coordination
• Many agencies respond to victims
• Roles are different but may overlap
• Pre-planning at all levels necessary
• Coordinate to avoid gaps, duplication,
confusion.
Notice
• CVRA notification requirement is any public
court proceeding involving the crime or any
release or escape of the accused. 18 U.S.C.
3771(a)(2)
• Where number of victims is too large, notice can
be made by alternate means under 3771(d)(2)
• Try to communicate with victims before the
media
• Websites, possibly password-protected, and
email can get information out quickly
Attendance
• 18 U.S.C. § 3771 (a)(3): Victims have right not to
be excluded from public court proceedings, but
no right to have govt. pay for travel to attend
court.
• Mental health plan: Assess victims and
witnesses for physical and emotional distress,
include support for victims when they
participate or attend court proceedings as well as
how to get them help when they are at home
• Plan for attendance when large number want to
attend – lottery, sign-up, etc.
Right to be Heard
• Under CVRA – right to be reasonably heard at
any public proceeding involving release, plea,
sentencing or parole. 18 U.S.C. § 3771 (a) (4)
• In large cases, not all victims may be able to
speak in court or give individual VIS
• Can do cumulative VIS or choose representative
victims
• Consider recording VIS on DVD
• Future: video teleconferencing
• Death penalty: can collect views by email.
Conferring
• Right to confer with prosecutor, 18 U.S.C.
3771(a)(5)
• Briefing meetings/bridge calls: good chance
for victims to ask questions about the status
of case, receive information about referrals
• E-mail groups: facilitates fast notification.
Important for pleas and other situations
where you may not have much time.
Respect for Dignity and Privacy
• Right to be treated with fairness and
respect for victim’s dignity and privacy, 18
U.S.C. 3771(a)(8)
• Assistance with media requests
• Information about trial presentations
• Safe Haven during trial
• Lots of communication
Oklahoma City
Investigative Stage
• Family Assistance Center
▫
▫
▫
▫
▫
Information
Place to congregate
Counseling
Death notices
Donations
• Services to first responders
• Streamlined Process for Crime Victims’
Compensation Benefits
Prosecution Stage
• Set up database for communication by letter
• Prosecutors met individually with family
members re: victim impact
• Group briefings in OKC
• Assistance with media
• Attendance at trial
• CCTV
• Safe Haven at trial and CCTV site
Oklahoma City – new laws
• 18 U.S.C. § 3510(a): gives federal crime victims
the right to attend the trial regardless of whether
the victim intends to make a statement or
provide any information in relation to the
sentence
• 42 U.S.C. § 10608: allowed closed-circuit
televising of the trial to an auditorium in
Oklahoma City so that victims did not have to
travel to Denver to exercise their right to observe
the trial
Ongoing Support
September 11th
Services During Investigation
• Family Assistance Center at Pier in NY,
Pentagon
▫
▫
▫
▫
Place to report missing
Victim compensation information
Coordination of NGO assistance
Briefings
• Victim Identification
• 9/11 Fund
• Individual meetings with prosecution team
Moussaoui Prosecution
•
•
•
•
CCTV
Victim impact testimony
Communication and briefings
Assistance with media
Ongoing Support
• Military
commissions
• 9/11 memorials
• Continued
communication
Current Cases
Ft. Hood Shooting
Arizona Shooting
Communication
Ongoing Issues
• Communication with large number of victims,
many of whom may live overseas, or don’t speak
English
• Handling media interest
• Diversity of victim pool, in where they are
situated and what they need
• Communicating first with the victims
• Ensuring personal interaction
• Coordinating response among agencies
• Addressing needs of the community
Questions?
Katharine L. Manning
[email protected]
(202) 252-5838