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         Law & Legal Issues Victim Rights & Restitution:     more detail
  1. Victims' Rights, Restitution, and Retribution (Independent Policy Reports Series) by Williamson M. Evers, 1996-01

21. 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
BRIEFING PAPER ON LEGAL ISSUES AND WITNESS PROTECTION IN CRIMINAL CASES
TABLE OF STATUTES
Domestic Statutes
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
European Statutes
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
International Statutes
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

22. 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
U.S. Department of Justice
Office of Justice Programs
Office for Victims of Crime
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.

23. 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/
Last Updated: 9/27/02 Site Map Services Homicide Support Compensation ... Bibliography
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.
Crime victims are often forgotten by the criminal justice system.
They also frequently experience difficult financial, psychological and legal problems as a result of the crime.
available to help you and your family cope with the effects of the crime.

24. Legal Scholarship On The WWW : Human Rights
Part III examines three issues vital to the legitimacy of the Tribunal—the legalbasis for the individuals involved, and the bodies of law to be
http://www.law.cam.ac.uk/essays/humanr.htm
Legal Essays indexed by subject
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)
  • 25. 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

    26. Newsletters - Law Offices Of David Sloane, Ft. Worth - Family Law, Criminal Defe
    you should contact your local law enforcement agency rights and protections as avictim are not Specific legal issues, concerns and conditions always require
    http://www.sloanelaw.com/FSL5CS/Newsletters/newscurrent.asp
    Newsletters
    Misdemeanors
    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?

    27. 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
    @import "http://www.lclark.edu/trillium/global/style2.css"; School of Law National Crime Victim Law Institute Victim Law Litigation Topics
    NCVLI Home
    About the Institute Contacting Us Violence Against Women Project ... A-Z Site Index
    Find People
    Victim Law Litigation Topics
    Listed below are the various topics of Crime Victim Law that are litigated. The topics below that NCVLI has litigated will soon be highlighted as links. You will be able to click on any of these topic links and read about the particular issues in the cases NCVLI has been involved with.
    Legal Definitions of "Victim"
    A. Victim Standing
    1. Trial Court Standing
    a. Common Law
    b. Statutory Victim Rights
    2. Appellate Court Standing
    3. Appellate Review of Trial Court Action
    Victim Protection A. Protection from the Defendant 1. Laws of "Reasonable Protection" 2. Criminalizing the Failure to Report Crime 3. Pretrial Release and Future Dangerousness 4. Criminal Protection Orders 5. Civil Protective Orders 6. Programs of Protection

    28. 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
    Home Search Networks Contact ... Site Index - Text Version
    Law / Legislation / Government
    International Resources Canada United Kingdom United States ... Related Documents
    International Resources
    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.

    29. 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/
    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:
    New! Our Vulnerable Teenagers: Their Victimization, Its Consequences, and Directions for Prevention and Intervention
    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
    Bringing Victims Into Community Policing
    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 “first responder” guides to dealing with specific types of crime victims; a “model” policy for the prevention of repeat victimization; and the benefits of developing relationships between the police, crime victims, and victim organizations.

    30. California Courts: Reference: Courts - How To Use: Guide To California Courts: L
    a will, arrest, and other common legal issues are also on a variety of topics, includingjuvenile law issues. free, for referral to the nearest victim center.
    http://www.courtinfo.ca.gov/reference/guide-legalresources.htm
    Guide to California Courts
    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.
    Where to Find Legal Help
    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 public—interest 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
    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.

    31. UW Law School - Victim-Offender Mediation Association - Recommended Ethical Guid
    be compelled to testify in court, a law which varies shall advise the participantsto seek independent legal counsel prior to resolving the issues and in
    http://www.law.wisc.edu/fjr/restorative/guidelines.htm
    Search
    Law School Home
    Information For Prospective Students Current Students Employers Information About Career Services Law Library Continuing Legal Education
    Victim-Offender Mediation Association
    Recommended Ethical Guidelines (Edited 9/23/98)
    © 2000 Victim Offender Mediation Association, used by permission
    Visit http://www.voma.org for more information.
    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:

    32. 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

    33. Law Professors, Victims' Families Oppose Victims' Rights Amendment
    rather than those or law enforcement or Home Criminal Justice News/issues The Champion Membership Upcoming Events/Education legal Research Publications
    http://www.criminaljustice.org/MEDIA/pr000054.htm
    September 5, 1996 For More Information:
    Jack King, Director of Public Affairs
    202-872-8600 ext. 228, media@nacdl.com
    Professors, Murder Victims' Families Express Concerns About Unintended Consequences
    Law Professors, Victims' Families
    Oppose Victims' Rights Amendment
    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

    34. 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
    Updated: April 4, 2003
    Michigan Prosecuting Attorneys
    Coordinating Council
    Credits Webmaster
    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.
    What typically happens during a criminal prosecution in Michigan? What are the steps?
    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?

    35. 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
    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.
    Bachelor of Science Degree - Option in Victimology
    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

    36. 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

    37. 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
    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.

    38. 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
    As we emerge from a darker age
    a new day dawns...
    Dr. Steven D. Walker , Coordinator
    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:
    Certificate
    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.
    A.A.S. Degree
    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

    39. 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
    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.
  • 40. LGD: Enslaved Daughters: Colonialism, Law & Women's Rights By Sudhir Chandra
    with such delicate moral issues in 'native law customs and the 'Hindu law', repeatedlyhighlighting oppressive colonial state and legal principles enunciated by
    http://elj.warwick.ac.uk/global/issue/2001-2/kakarala1.html
    Contents Introduction Hegemony of 'Master's Logic'? Conclusion Notes and References Download
    Enslaved Daughters: Colonialism, Law and Women's Rights
    by Sudhir Chandra
    Oxford University Press (1998)
    New Delhi, India Reviewed by:
    Dr Sitharamam Kakarala
    Faculty of Law
    National Law School
    India University
    lasfq@csv.warwick.ac.uk

    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[

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