Understanding Victims’ Rights in South Carolina Court/Notifier Trai… · Understanding Victims’ Rights in South Carolina (c) Pamela Jacobs Consulting, 2015. Any reproduction
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UnderstandingVictims’ Rights in
South Carolina
(c) Pamela Jacobs Consulting, 2015. Any reproduction of this presentation, inwhole or in part, is strictly prohibited without the written consent of the owner.
South Carolina Facts
• The sexual assault rate in South Carolina hasexceeded the national average since 1982.
• In just one year, domestic violence programs inSouth Carolina respond to almost 30,000 hotlinecalls.
• In just one year, sexual assault programs in SouthCarolina serve approximately 5,000 victims, overhalf of whom are children.
• South Carolina is second in the nation for the rate ofwomen murdered by men.
Abusive parentsare more likelyto seek solecustody thannon-abusiveparents.
When abusiveparents do seekcustody of theirchildren, they aresuccessful 70%of the time.
American Psychological Association,Violence and the Family: Report of TheAmerican Psychological AssociationPresidential Task Force on Violence and theFamily, (1996). American JudgesFoundation, Domestic Violence and theCourt House: Understanding theProblem…Knowing the Victim. See Appel &Holden, The Co-Occurrence of Spouse andPhysical Child Abuse: A Review andAppraisal, 12(4) Journal of FamilyPsychology 578-599 (1998). See alsoBancroft, L., & Silverman, J. (2002). TheBatterer As Parent: Addressing the Impactof Domestic Violence on Family Dynamics.Thousand Oaks, CA: Sage.
S.C. Constitution, Article ISECTION 24. Victims' Bill of Rights.
(A) To preserve and protect victims' rights to justiceand due process regardless of race, sex, age, religion,or economic status, victims of crime have the rightto:
(1) be treated with fairness, respect, anddignity, and to be free from intimidation,harassment, or abuse, throughout thecriminal and juvenile justice process, andinformed of the victim's constitutionalrights, provided by statute;
(7) confer with the prosecution, after the crimeagainst the victim has been charged, before the trialor before any disposition and informed of thedisposition;
(8) have reasonable access after the conclusion of thecriminal investigation to all documents relating tothe crime against the victim before trial;
(9) receive prompt and full restitution from theperson or persons convicted of the criminal conductthat caused the victim's loss or injury, including bothadult and juvenile offenders;
(10) be informed of any proceeding when any post-conviction action is being considered, and be present at anypost-conviction hearing involving a post-conviction releasedecision;
(11) a reasonable disposition and prompt and finalconclusion of the case;
(12) have all rules governing criminal procedure and theadmissibility of evidence in all criminal proceedings protectvictims' rights and have these rules subject to amendment orrepeal by the legislature to ensure protection of these rights.
(B) Nothing in this section creates a civil cause ofaction on behalf of any person against any publicemployee, public agency, the State, or any agencyresponsible for the enforcement of rights andprovision of services contained in this section.
The rights created in this section may be subject to awrit of mandamus, to be issued by any justice of theSupreme Court or circuit court judge to requirecompliance by any public employee, public agency, theState, or any agency responsible for the enforcement ofthe rights and provisions of these services contained inthis section, and a willful failure to comply with a writof mandamus is punishable as contempt.
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Writ of Mandamus
• Order by superior courtcommanding the performance of aspecified act or duty
Victims/witnesses who wish to be notifiedmust provide their:
legal namecurrent mailing addresscurrent telephone number
to either a law enforcement agency,prosecuting agency, summary court judge,DOC, DPPP, or DJJ.
(B) A victim who wishes to receive restitution must, withinappropriate time limits set by the prosecuting agency or summarycourt judge, provide the prosecuting agency or summary courtjudge with an itemized list which includes
the values of property stolen, damaged, or destroyed; propertyrecovered; medical expenses or counseling expenses, or both;income lost as a result of the offense; out-of-pocket expensesincurred as a result of the offense; any other financial losses thatmay have been incurred; an itemization of financial recovery frominsurance, the offense victim's compensation fund, or other sources.The prosecuting agency, court, or both, may require documentationof all claims.
This information may be included in a written victim impactstatement.
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(C) A victim who wishes to be present for any plea, trial, orsentencing must notify the prosecuting agency or summarycourt judge of his desire to be present. This notification maybe included in a written victim impact statement.
(D) A victim who wishes to submit a written victim impactstatement must provide it to the prosecuting agency orsummary court judge within appropriate time limits set bythe prosecuting agency or summary court judge.
(E) A victim who wishes to make an oral victim impactstatement to the court at sentencing must notify theprosecuting agency or summary court judge of this desire inadvance of the sentencing.
SECTION 16-3-1520.(A) A law enforcement agency must provide a victim, free ofcharge, a copy of the initial incident report of his case,
and a document which:
(1) describes the constitutional rights the State grants victimsin criminal cases;(2) describes the responsibilities of victims in exercising theserights;(3) lists local victim assistance and social service providers;(4) provides information on eligibility and application forvictim's compensation benefits; and(5) provides information about the rights of victims andwitnesses who are harassed or threatened.
(B) A law enforcement agency, within a reasonable time of initialcontact, must assist each eligible victim in applying for victim'scompensation benefits and other available financial, socialservice, and counseling assistance.
(C) Law enforcement victim advocates, upon request, mayintervene with, and seek special consideration from, creditors ofa victim who is temporarily unable to continue payments as aresult of an offense and with the victim's employer, landlord,school, and other parties as considered appropriate through theinvestigative process.
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(D) A law enforcement agency, upon request, mustmake a reasonable attempt to inform a victim of thestatus and progress of his case from initial incidentthrough:
(1) disposition in summary court;
(2) the referral of a juvenile offender to theDepartment of Juvenile Justice; or(3) transmittal of a general sessions warrant to theprosecuting agency.
SECTION 16-3-1525.
A law enforcement agency, upon effecting the arrest ordetention of a person accused of committing an offenseinvolving one or more victims, must make a reasonableattempt to notify each victim of the arrest or detentionand of the appropriate bond or other pretrial releasehearing or procedure.
A law enforcement agency, before releasing to hisparent or guardian a juvenile offender accused ofcommitting an offense involving one or more victims, mustmake a reasonable effort to inform each victim of therelease.
A law enforcement agency, upon effecting the arrest ordetention of a person accused of committing an offenseinvolving one or more victims, must provide to the jail,prison, or detention or holding facility, including a mentalhealth facility, DJJ (if minor), prosecutor, summary court (iftriable in summary court the name, mailing address, andtelephone number of each victim.
The names, addresses, and telephone numbers of victimsand witnesses contained in the files of a jail, prison, ordetention or holding facility, including a mental healthfacility, are confidential and must not be discloseddirectly or indirectly, except as necessary to providenotification.
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A law enforcement agency must provide any measuresnecessary to protect the victims and witnesses,including transportation to and from court andphysical protection in the courthouse.
If bond is set by a summary court judge, arresting agencymust reasonable attempt to notify each victim of his rightto attend the bond hearing and make recommendations tothe judge.
The notification must be made sufficiently in advance toallow the victim to exercise his right.
Summary court judge must ask the facility having custody ofthe defendant to verify that a reasonable attempt wasmade to notify the victim sufficiently in advance.
If notice was not given in a timely manner, the hearing mustbe delayed for a reasonable time to allow notice.
The Judge must impose bond conditions which are sufficientto protect a victim from harassment or intimidation.
(K) Upon scheduling a preliminary hearing in acase involving a victim, the summary courtjudge reasonably must attempt to notify eachvictim of each case for which the defendant hasa hearing of his right to attend.
Department or agencies having custody ofan accused person must notify thevictim before the release, or uponescape or transfer to another facility.(Applies to adults and juveniles)
The summary court reasonably must attempt tonotify each victim of his right to:
(1) be present and participate in all hearings;(2) be represented by counsel;(3) pursue civil remedies; and(4) submit an oral or written victim impactstatement, or both, for consideration by thesummary court judge at the dispositionproceeding.
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(B) The summary court must provide to each victim who wishesto make a written victim impact statement a form that solicitspertinent information regarding the offense, including:
(1) the victim's personal information and supplementary contactinformation;(2) an itemized list of the victim's economic loss and recoveryfrom any insurance policy or any other source;(3) details of physical or psychological injuries, or both, includingtheir seriousness and permanence;(4) identification of psychological services requested or obtainedby the victim;(5) a description of any changes in the victim's personal welfareor family relationships; and(6) any other information the victim believes to be important andpertinent.
(C) The summary court judge must inform a victim ofthe applicable procedures and practices of the court.(D) The summary court judge reasonably must attemptto notify each victim related to the case of each hearing,trial, or other proceeding.(E) A law enforcement agency and the summary courtmust return to a victim personal property recoveredor taken as evidence as expeditiously as possible,substituting photographs of the property and itemizedlists of the property including serial numbers andunique identifying characteristics for use as evidencewhen possible.
(G) If the sentence is more than 90 days,the summary court judge must forward acopy of the victim’s impact statementand/or name, mailing address, andtelephone number of each victim within15 days to the DOC, DJJ, DPPP, or diversionprogram.
(H) The names, addresses, and telephonenumbers of victims and prosecutionwitnesses … are confidential and must notbe disclosed directly or indirectly.
S.C. Code SECTION 16-3-1550
(C) For proceedings in the circuit or familycourt, the law enforcement and prosecutingagency must make reasonable efforts toprovide victims and prosecution witnesseswaiting areas separate from those used bythe defendant and defense witnesses.
Conduct relationships with colleagues and otherprofessionals in such a way as to promote mutual respect,public confidence, and improvement of service.
Serve the public interest by contributing to theimprovement of systems that impact victims of crime.(Advocate for better systems).
Conduct relationships with colleagues and otherprofessionals in such a way as to promote mutual respect,public confidence, and improvement of service.
National Victim Assistance Standards Consortium (NVASC) Ethical Standards
Ethical Service = Victims First
Recognize the interests of the victim as primaryresponsibility.
Refrain from behaviors that communicate victimblame, suspicion regarding victim accounts of thecrime, condemnation for past behavior, or otherjudgmental, anti-victim sentiment.
Respect the victim’s right to self-determination.
National Victim Assistance Standards Consortium (NVASC) Ethical Standards
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Ethical Services = Unpack Your Own Stuff
Respect and protect the victim’s civil rights.
Do not discriminate against a victim or another staff memberon the basis of race/ethnicity, language, sex/gender, age,sexual orientation, (dis)ability, social class, economic status,education, marital status, religious affiliation, residency, orHIV status.
National Victim Assistance Standards
Consortium (NVASC) Ethical Standards
Ethical Service Means … Offering non-judgmental services
Ensuring that victims are not put in more danger byour actions
Continuing to learn about options for victims
Maintaining confidentiality—always
Being aware of community resources
Collaborating with other professionals/agencies
Understanding that the victim is theexpert on his/her life, and shouldbe the driver, not the passenger