Briefing Paper On Legal Issues And Witness Protection In Criminal Cases - Tables PROTECT YOURSELF Accident First Aid Preserving Evidence Before Hiring a Lawyer Hiring the "Right Lawyer" Check Lawyer's Record California's one year statute GET HELP Free Consultation National Consumer Complaint Center Register to Vote IMPORTANT http://www.scotland.gov.uk/cru/kd01/green/briefing-15.htm
Extractions: BRIEFING PAPER ON LEGAL ISSUES AND WITNESS PROTECTION IN CRIMINAL CASES Crime and Punishment (Scotland) Act 1997 Criminal Procedure (Scotland) Act 1995 (as amended) Criminal Procedure and Investigation Act 1996 Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) 1950 Recommendation No. R (85) 11 on the Position of the Victim in the Framework of Criminal Law and Procedure Recommendation No. R (87) 21 on Assistance to Victims and the Prevention of Victimisation Recommendation No. R (97) 13 on Intimidation of Witnesses and Rights of the Defence (Council of Europe) Resolution on the Protection of Witnesses in the Fight Against International Organised Crime 95/C 327/04 EU 23 Nov. 1995 Creation of an effective United Nations Crime Prevention and Criminal Justice Programme G.A. Resolution 46/152 UN G.A. O.R. 46th Session, Supp. No. 49 UN Document A/46/49 1992 International Covenant on Civil and Political Rights G.A. Resolution 2200 A (XXI) 1966
Restitution: Making It Work, Legal Series Bulletin #5 provides an overview of state legislation and current issues related to the to pay.Thisbulletin and the others in the legal Series highlight Status of the law. http://www.ojp.usdoj.gov/ovc/publications/bulletins/legalseries/bulletin5/welcom
Extractions: Over the past three decades, the criminal justice field has witnessed an astounding proliferation of statutory enhancements benefiting people who are most directly and intimately affected by crime. As of 2000, all states had passed some form of legislation to benefit victims. In addition, 32 states have recognized the supreme importance of fundamental and express rights for crime victims by raising those protections to the constitutional level. Restitution: Making It Work, the fifth in the series, provides an overview of state legislation and current issues related to the collection of court-ordered restitution to crime victims. Although every state has enacted legislation on this issue, many crime victims who are awarded restitution never receive any money or receive only a small portion of what the court has ordered the defendant to pay.This bulletin and the others in the Legal Series highlight various circumstances in which relevant laws are applied, emphasizing their successful implementation. We hope that victims, victim advocates, victim service providers, criminal justice professionals, and policymakers in states across the Nation will find the bulletins in this series helpful in making sense of the criminal justice process and in identifying areas in which rights could be strengthened or more clearly defined.We encourage you to use these bulletins not simply as informational resources but as tools to support victims in their involvement with the criminal justice system.
Victims Of Crime Resource Center - McGeorge School Of Law providing information and referral, the Center provides legal research on victims'issues for service rights, which are widely used by law enforcement and http://www.1800victims.org/
Extractions: The Victims of Crime Resource Center, located on the McGeorge School of Law campus in Sacramento, California, has operated the State of California's toll-free 1-800-VICTIMS line since 1984. McGeorge students, under attorney supervision, provide information and referral statewide to victims, their families, victim service providers, and other interested parties. The Center publishes and distributes thousands of free informational materials yearly concerning victims' rights. Center staff research legal issues related to victims, monitor legislation, publish a newsletter, and participate in outreach activities. The Center is mandated and funded by legislation and is operated in cooperation with the Office of Criminal Justice Planning.
Legal Scholarship On The WWW : Human Rights Part III examines three issues vital to the legitimacy of the Tribunalthe legalbasis for the individuals involved, and the bodies of law to be http://www.law.cam.ac.uk/essays/humanr.htm
Extractions: Human Rights Report of the 11th Session of the Working Group on Indigenous Peoples by Catherine J Iorns. An outline of the discussion of the session's agenda items. The major items were the debate on the draft Declaration of Rights of Indigenous Peoples and the Review of Developments, where Indigenous Peoples worldwide present statements to the session describing their current circumstances. There were also reports on studies conducted by Working Group members and by a Maori group. There were comments on the International Year of the World's Indigenous Peoples and on the World Conference of Human Rights. The Working Group's future was discussed, as were funding issues. (E Law, Volume 1, Number 1, 1993) The Ministry of Truth Redefined: A Consideration of Privacy and Data Protection Law with Specific Consideration of the Role of International Human Rights Law by Jamie H Lyford. This paper looks at the issue of privacy in light of the information age. Particular emphasis is made in the Australian context. National and international laws are also examined. (E Law, Volume 1, Number 3, September 1994) Racial Vilification and ICERD in Australia by Louise Johns. This report deals with the requirement for countries to make racial vilification illegal under article 4(a) of the International Convention on the Elimination of Racial Discrimination. It examines the content and extent of this requirement, considering attempts by the UK, Canada and NZ to comply. The report then considers Australia's attempts to comply, with emphasis on the proposed Racial Hatred Act, and continues with a brief look at State law in this area. It concludes with a consideration of certain public concerns which may prevent the Commonwealth law being passed. (E Law, Volume 2, Number 1, April 1995)
Request Error The court will consider several issues before determining a the court's attentionso that a legal ruling can attorney with experience in civil law, or contact http://www.uslaw.com/library/article/article_471.html?area_id=9
Extractions: Quiz: Will I Be Arrested? Misdemeanors are less-serious crimes. They are generally punishable by a fine or incarceration in the county jail for less than one year. The prosecutor does not usually convene a grand jury to investigate and charge misdemeanor offenses, although such charges can be generated along with felonies. Most Misdemeanors are charged by written indictment and in many jurisdictions, poor defendants are not entitled to a court-appointed lawyer. Often, Misdemeanors are handled by special courts with abbreviated procedures. For instance, the defendant may have to request and pay a fee in order to get a jury trial. Misdemeanor traffic offenses may have pre-set penalties in the form of scheduled fines. The consequences for misdemeanor convictions are generally less severe than for felony convictions. A person with a misdemeanor crime on his record may still be able to serve on a jury, practice his or her profession, and vote. Serious felonies like assault and sexual abuse may have misdemeanor charges as part of the statutory scheme. For instance assault causing severe bodily injury is a felony, but simple assault that leaves no lasting injury is a misdemeanor. Likewise, rape is a felony, but lascivious acts is a misdemeanor. Quiz: Will I Be Arrested?
Victim Law Litigation Topics Outright 1. Pretrial Dismissal Outright victim's legal Inability to in Trial SelectedEvidentiary issues In Trial A C. Changing the Common law Relevancy of http://www.lclark.edu/org/ncvli/litigation.html
Law, Legislation And Government including many of interest to victim assistance and law Harassment law UK Managedby a UK lawyer, this site deals with legal issues on harassment of all http://www.vaonline.org/legal.html
Extractions: Home Search Networks Contact ... Site Index - Text Version Law / Legislation / Government International Resources Canada United Kingdom United States ... Related Documents Centre for Europe's Children : The Centre for Europe's Children is the Documentation and Information centre for the Programme for Children which the Council of Europe, in co-operation with UNICEF, intends to promote the United Nations Convention on the Rights of the Child. Comparative Criminal Justice Resources : A deceptively small looking index page leads to hundreds of links dealing with criminal justice, law and government around the world. Cyberlaw Encyclopedia : A vast resource of information on law, technology and the Internet. This site is based in Canada and some information may not be applicable in your jurisdiction; always consult with a local professional in the applicable field. International Centre for Criminal Law Reform and Criminal Justice Policy : The Centre is an independent, non-profit institute, officially affiliated with the United Nations. They are dedicated to making a substantial contribution to national and international efforts to reduce crime and improve justice. This site contains publications, occasional papers and reports, an events/conference listing and on-line forum facility, plus links to affiliated organizations. Internet Legal Resource Guide : Listing over 4000 sites in 238 nations and with more than 850 stored page and downloadable files, this is a very comprehensive source of information on law around the world, though mainly focusing on the USA.
Reports & Studies - (National Center For Victims Of Crime) Oriented Policing Services for law enforcement agencies clear and concise informationabout key legal issues components of correctionsbased victim services. http://www.ncvc.org/resources/reports/
Extractions: Statistics Recommended Reading Helpful Links The National Center for Victims of Crime publishes a broad range of magazines, newsletters, studies, reports, and other publications A comprehensive collection of posters to promote awareness on a variety of victim-related issues. Raise awareness about crime victimization and its impact with this set of five full-color postcards In our effort to provide easily accessible information, at no cost, we have placed our most recent original publications on-line, including: This joint report by the National Center and the National Council on Crime and Delinquency analyzes existing, but largely unnoticed, research and data on the crime experiences of teenagers, ages 12 to 19, who make up 14 percent of the general population, but represent 25 percent of victims of violent crime. The report also outlines promising prevention and intervention strategies. Learn More Download a PDF of this report Developed by the National Center for Victims of Crime and the Police Foundation under a grant from the COPS office of the U.S. Department of Justice, this 105-page publication provides âfirst responderâ guides to dealing with specific types of crime victims; a âmodelâ policy for the prevention of repeat victimization; and the benefits of developing relationships between the police, crime victims, and victim organizations.
Extractions: Family Court Juvenile Court Criminal Court Small Claims Court ... Jury Duty Legal Resources Filing or defending a case in court can be very complicated. There are many rules and procedures to follow, and the courts differ in how some things are done. Also, many cases require immediate kinds of actions that a person with little or no legal training may be unaware of. For example, anyone involved in an auto accident should interview witnesses and gather evidence as soon as possible. Timely legal advice can stop small problems from becoming larger ones. If you need legal help, look in the Yellow Pages of the phone book under "Attorney Referral Services," "Attorneys," or "Lawyers." Some publicinterest groups, such as those concerned with civil liberties and housing discrimination, also offer legal guidance. In addition, many local bar associations sponsor free legal advice clinics. Free legal services for qualified poor people are available from the National Legal Services Corporation (e.g., Legal Aid Society and Legal Services Foundation). People accused of a crime who cannot afford an attorney may apply for free help from the public defender's office. The courts may also be a source of legal asistance. Each court has a family law facilitator who can provide information on child, spousal, family, and medical support at no charge. Each court also has a small claims advisor who provides free help to people involved in small claims matters. Many courts have self-help centers with information and referrals. In addition, law school "clinical" programs sometimes provide free or low-cost legal aid.
Extractions: The most current version of these guidelines is available (in PDF) from VOMA Mission Statement The mission of VOMA is to provide inspiration, leadership and information-sharing in the development and support of various models of justice which create opportunities for dialogue between victims, offenders and their communities for the purpose of healing and restoration. I. Preamble Victim-Offender Mediation (also known as Victim-Offender Dialogue and/or conferencing) is the process of bringing together the victim of a crime and his or her offender in a safe, controlled setting that is assisted by a trained mediator. Using mediation skills and processes of voluntariness, neutrality, confidentiality, problem-solving, and self-determination, the mediator facilitates a discussion between the parties and provides a structure for the opportunity to allow grieving and healing. It should be understood that the process of mediated dialogue is not necessarily a resolution of conflict but may be a process of healing. The mediator addresses the needs of each party and helps them communicate and explore options. The purposes are to provide:
National Tribal Justice Resource Center in which courts have addressed the issues, and current or hot topics relating toeach legal issue restitution Making It Work (NCJ 189193), victim Input into http://www.tribalresourcecenter.org/news/newsdetails.asp?24
Extractions: Washington, D.C., September 5, 1996 A victim's rights amendment to the U.S. Constitution is an unnecessary infringement on the states' powers and would prove too costly and cumbersome to implement, according to a letter released today by 160 prominent law professors and legal scholars from across the country. The letter notes that almost all states already have statutes or constitutional provisions protecting victims' rights to restitution or to participate in sentencing proceedings, and that a constitutional amendment could actually make criminal proceedings more complex and time consuming and would lead to "more, not less, uncertainty in the criminal justice process." Joining the debate, a group of families of murder victims has released a statement opposing the proposed amendment, different versions of which are pending before the U.S. Senate and House of Representatives. Murder Victims Families for Reconciliation (MVFR) expresses concerns that the amendment would cause problems and additional delays for crime victims and their survivors. The organization notes that the proposals are based on "a flawed understanding of the needs of crime victims and their survivors." For example, regarding the draft proposals to create a victim right "to final disposition free from unreasonable delay," the victims group statement says "Victims are
Crime Victim FAQs --- Michigan PACC should immediately contact the law enforcement agency However, the Michigan CrimeVictim's Compensation Fund cannot give legal advice on private legal issues. http://www.michiganprosecutor.org/VictFAQs.htm
Extractions: CRIME CAN BE A FRIGHTENING EXPERIENCE. You often feel violated by the intrusion into your life and are left with feelings of anger and pain. While the criminal justice system is designed to protect, support and serve our communities, most citizens do not learn about it until after they become victims of crime - the worst possible time to try to understand the complex roles and responsibilities of each of the "players" in the system. However, no criminal can be successfully prosecuted without the valuable assistance of victims and witnesses. This page will answer many of the most common questions asked by crime victims. Other pages summarize how a criminal case proceeds through court, and explain legal terms commonly used in criminal cases. Please see our Steps in a Criminal Prosecution web page for a summary. I feel that a crime has been committed. How do I press charges? Can I report a crime directly to the Prosecutor's office?
Victim Services Certificate Program in criminology but also sociology, psychology and law. Crim 177 legal issues inVictimology - 3 units of family abuse, including legal guidelines; treatment http://www.csufresno.edu/criminology/victimservices.htm
Extractions: Victims Assistance Program an education and certificate program designed to help professionals help victims become survivors. Joint program with the Center on Violence and Victim Studies, Washburn University, and the Justice Center, California State University, Fresno. Victim Services California State University, Fresno was the first university in the nation to develop and conduct a program of study which resulted in a Victim Services Certificate Program, first offered in 1985. The Victim Services Summer Institute at Fresno State has been in existence for eleven years, offering a concentrated program of study conducted over a four-week period each summer. Attendees enrolling in all four sessions receive their Certificate upon completion of the Summer Institute. The primary goal of the 12-unit (180 hour) program is to provide the knowledge, foundation and skills needed for work with crime victims. The Summer Institute is open to both Fresno State students and professionals from the field. T he Victim Services Certificate Program was followed by the development of a Bachelor of Science Degree in Criminology Option in Victimology. The Fresno State undergraduate majors in Victimology are based in the Department of Criminology. Major sheets with course requirements for the option can be obtained by
Campaign 2000 The Presidential Candidates On Crime Victim Issues guide the nation's actiosn on many important issues facing crime amendment to givevictims the legal standing to their expense face the full force of the law. http://dev.ncvc.org/pipeline/campaign2000.html
Victims' Rights attorneys, and the general public on legal issues, and to of litigation support services,and a legal humor section Expertlaw is sponsored by The law Offices of http://www.expertlaw.com/library/pubarticles/Criminal/Victims.html
Extractions: Victims' Rights By Aaron Larson The Law Offices of Aaron Larson March 2000 Contents Q. What Rights Do I Have If I Am The Victim Of A Crime? Increasingly, the rights of victims are being recognized in a formal fashion. There is a strong movement to formalize victim's rights, either through statute or constitutional amendment. While the specific rights afforded to crime victims will vary from state to state, typical victim's rights laws grant victims the right to be informed of all court proceedings relating to their case, the right to be informed of any plea offers extended to the defendant, the right to make a statement to the court at the time of sentencing, the right to an order that a convicted defendant pay restitution for losses they suffered as a result of criminal activity, the right to be informed of the sentence received by the convicted defendant, and, if the defendant is sentenced to prison, the right to be informed if the defendant is released on parole. You may be entitled to submit a statement to the parole board. Some states have victims' compensation funds, which provide some financial compensation to crime victims, and which may provide funds for counseling.
Victim/Survivor Services Program Page LE 204 Criminal law II ..3 hours. Currentlegal rights for victims will be VS 202 Diversity issues in victim http://www.kckcc.cc.ks.us/ss/sspvicti.htm
Extractions: a new day dawns... The Victim/Survivor Services Program is an innovative program for the advocates of crime victims. It is the first of its kind in the midwest and one of the most extensive programs anywhere in the United States. This program offers both theoretical and applied courses to assist those in rape counseling, domestic violence, and victim/witness programs. The program offers the following three options: The certificate program is designed for those already in the field who may also have a B.A., an M.A. or some other college courses. This is the most basic set of core courses needed by anyone working in the field today. Some of these courses are similar in content to the in-service training received by many in the field. The degree is designed to be a terminal degree for those, with little or no previous college credits, who are going to work in the field as a career. This degree will give this vocation more credibility and perhaps, in the future, more benefits. Broader than the Certificate Program, this degree exposes the student to many other liberal arts concepts. A.A.Degree
State Attorney's Office - Victim's Rights The law enforcement agency making the arrest shall Certain motions concerning legalissues may be heard at there is an emergency or legal necessity, therefore http://www.sao17.state.fl.us/victims.htm
Extractions: Victim's Rights CONSTITUTION OF THE STATE OF FLORIDA ARTICLE 1, SECTION 16(b) "Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused." If you are the victim of a crime you have the RIGHT to: Be treated with dignity and compassion. Be protected from intimidation and harm. Be informed about the availability of Crime Victim Compensation and other victim services. Be informed about the criminal justice process. (Incarcerated victims have the right to be informed and to submit written statements at all crucial stages of criminal proceedings and parole proceedings.) Submit a Victim Impact Statement (if you so desire). Have your property returned as quickly as possible.
Extractions: 1. Introduction For a long time teaching in law schools and colleges in India has been dominated by, as in the case of making legislations, the borrowed knowledge from the West. Particularly in subjects like Jurisprudence Austin, Bentham, Kelsen and Hart continue to reign even today. The search for a 'Jurisprudence of India', which is intermittently carried by some enthusiastic 'teachers', many of whom happen to be retired judges with scholarly pursuits, tends to stop at the induction of Yagnavalkyas and Manus in the lineage of the family of global jurists, and 're-searching' of the modern precepts of law and justice (that is, the principles which came to India through Colonialism) in the 'pristine' Indian past. The significant departures made from the euro-centric theorisations and/or eulogising of 'past' in the research of other social science disciplines largely remained unavailable to law students as there is no 'custom' of inter-disciplinary approach in most law schools/colleges, with very few exceptions. In this background, the recent scholarship on the colonialism-law interface[