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Cheatography

California: Victim Bill of Rights Cheat Sheet (DRAFT) by [deleted]

Bill of Rights for Crime Victims

This is a draft cheat sheet. It is a work in progress and is not finished yet.

Introd­uction

Marsy’s Law signif­icantly expands the rights of victims in Califo­rnia. Under Marsy’s Law, the California Consti­tution article I, § 28, section (b) now provides victims with the following enumerated rights

Rights

1. To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimi­dation, harass­ment, and abuse, throughout the criminal or juvenile justice process.
2. To be reasonably protected from the defendant and persons acting on behalf of the defendant.
3. To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
4. To prevent the disclosure of confid­ential inform­ation or records to the defendant, the defend­ant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confid­ential commun­ica­tions made in the course of medical or counseling treatment, or which are otherwise privileged or confid­ential by law.
5 To refuse an interview, deposi­tion, or discovery request by the defendant, the defend­ant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
6. To reasonable notice of and to reasonably confer with the prosec­uting agency, upon request, regarding, the arrest of the defendant if known by the prosec­utor, the charges filed, the determ­ination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial dispos­ition of the case.
7. To reasonable notice of all public procee­dings, including delinq­uency procee­dings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-c­onv­iction release procee­dings, and to be present at all such procee­dings.
8. To be heard, upon request, at any procee­ding, including any delinq­uency procee­ding, involving a post-a­rrest release decision, plea, senten­cing, post-c­onv­iction release decision, or any proceeding in which a right of the victim is at issue.
9. To a speedy trial and a prompt and final conclusion of the case and any related post-j­udgment procee­dings.
10. To provide inform­ation to a probation department official conducting a pre-se­ntence invest­igation concerning the impact of the offense on the victim and the victim’s family and any sentencing recomm­end­ations before the sentencing of the defendant.
 

Victum Rights

Continued

11. To receive, upon request, the pre-se­ntence report when available to the defendant, except for those portions made confid­ential by law.
12. To be informed, upon request, of the convic­tion, sentence, place and time of incarc­era­tion, or other dispos­ition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
13. To restit­ution.
It is the unequi­vocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restit­ution from the persons convicted of the crimes causing the losses they suffer.
 ­ ­ ­ ­ ­ a. Restit­ution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or dispos­ition imposed, in which a crime victim suffers a loss.
 ­ ­ ­ ­ ­ b. All monetary payments, monies, and property collected from any person who has been ordered to make restit­ution shall be first applied to pay the amounts ordered as restit­ution to the victim.
 ­ ­ ­ ­ ­ c. To the prompt return of property when no longer needed as evidence.
14. To be informed of all parole proced­ures, to partic­ipate in the parole process, to provide inform­ation to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.
15. To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-j­udgment release decision is made.
16. To be informed of the rights enumerated in paragraphs (1) through (16).