HD8 - Victims and Witnesses of Crime

  • Published: 1989
  • Author: Virginia State Crime Commission
  • Enabling Authority: House Joint Resolution 48 (Regular Session, 1988)

Executive Summary:
The full Crime Commission met on October 18, 1988 and received the report of the subcommittee. After careful consideration, the findings and recommendations of the subcommittee were adopted by the Commission. The subcommittee reviewed other studies of victim services, legislation enacted in 1988, 1988 study resolutions, as well as the results of a survey sent to each state requesting updates on legislation relating to its study areas -- victim impact statements, parole input, counselor privilege, open court disclosure of victims' and witnesses' addresses, and a victim's right to attend the trial.

The subcommittee also heard testimony from criminal justice officials at an organizational meeting on June 9, as well as testimony at a public hearing on July 26, 1988. Testimony revealed widespread dissatisfaction and disillusionment with the criminal justice system. Attorneys, corrections and parole employees, victim advocates, private citizens and victims all urged the subcommittee, to recommend legislation that, while not diminishing defendants' rights would expand the rights of crime victims and witnesses and improve their treatment by the criminal justice system.

The following recommendations were made by the subcommittee at their August 31, 1988 meeting:

Area:
A. Separate Waiting Areas

Recommendation:
Resolution to be introduced to strongly encourage separate waiting rooms for prosecution and defense witnesses when court houses are built or substantially renovated.

Area:
B. Victim Impact Statements

Recommendation:
Legislation to be introduced that, on motion of the Commonwealth's attorney and with the consent of the victim, a victim impact statement shall be included in all cases involving abduction, malicious assault, robbery, or criminal sexual assault, and may be included in all other cases except capital murder.

Area:
C. Parole Input and Notification of Release

Recommendation:
1. Legislation: Require Probation and Parole officers to notify victims of personal offenses that they have right to submit written statement to the Parole Board.
2. Legislation: Require Department of Corrections to notify victims, upon their request, when inmate is released.
3. Administration: Request that the Department of Criminal Justice Services and the Parole Board develop a brochure regarding parole and opportunities for victims to request notification.

Area:
D. Nondisclosure of Address in Open Court

Recommendation:
Legislation: During criminal trial or any hearing incident thereto, a judge may prohibit the release of the address or telephone number of the victim or witness if the judge determines that the information is not necessary or relevant.

Area:
E. Counselor Privilege

Recommendation:
Action Deferred

Area:
F. Court Room Attendance

Recommendation:
Action Deferred

Area:
G. Criminal Injuries

Recommendation:
The subcommittee agreed to defer action on Compensation Fund on this issue until JLARC completes its study. A separate report will be published by JLARC an 1988.

The subcommittee also voted to ask the Commission to continue its work next year. Among areas to be studied are those items deferred this year.