1. Victim Issues issues. librademia@libertocracy.com. Copyright © 1999 (4999) The Libertocracy© Association, the Government of Librademia©. and Gregory Flanagan. All rights http://www.mincava.umn.edu/hart/victimi.htm

VICTIM ISSUES By Barbara J. Hart, Esq. Domestic violence victims are both similar to and strikingly different from other victims of violent crime. Thus, they require all the information, assistance and input that facilitates the committed, informed participation of other victims and witnesses, but beyond these, they require enhanced protection and advocacy. Battered women are often similar to other victims of violent crime in that they want perpetrators to stop their conduct, to pay dues for the crimes committed and to compensate victims for the losses sustained as a result of their criminal conduct. They are also similar to other crime victims in that they have interests in justice that may differ from the interests of the justice system. They may want privacy or anonymity in the prosecution process while the criminal justice system values public accountability. They may want speedy disposition while the justice system labors at a snail's pace. They may want input in decisions about plea negotiations and sentencing while the justice system concludes that this inclusiveness precludes the expeditious handling of criminal cases, unduly interferes with prosecutorial discretion or intrudes upon the rights of defendants. What is also true about battered women, as it is of other victims of violent crime, is that they are not all cut from the same cloth and do not all want the same outcomes. Battered women have varied interests in participation in prosecution process and in outcomes. There is no profile of a battered woman witness that fits all or most battered women.

2. Victim Services 800.464.4123. . Criminal restitution law outlines the restitution and economic losses that a victim can recover for advice regarding their individual legal issues. http://www.vaonline.org/vsu.html

Home Search Networks Contact ... Site Index - Text Version Victim Services and Assistance Government, Law Enforcement and Public Programs Australia Austria Canada Czech Republic ... Related Documents If you'd like to have your service or program listed in our links directory, please contact us at Australia Australian Capital Territory Victim Assistance Scheme : Basic program, service and contact information is provided, along with links to regional and national services. Justice Tasmania Victim Assistance Unit : This organization provides counseling, advocacy, compensation information and is in the process of developing an offender registry database that will allows victims to access information about offenders’ location and progress in the prison system. Lifeline Victims of Crime Service : A Tasmanian support service which offers advocacy, support, investigation information, as well as help with victim rights, compensation and crime impact statements. Their site includes background, service and contact details, plus information on victim rights and crisis reactions. Northern Territories Department of Public Prosecutions Victim Support : Providing support, counseling, referral, advocacy and information to victims, their site provides background, program and service details, along with links to victim compensation, victim impact statements and directories of other services.

3. AFSC, Ann Arbor: National Prison Legislation Alerts (ADA/Victim Rights Amendment rights" even farther let alone all the constitutional issues. with law enforcement, victim information to the defense, legal resource centers, "impact" statements, restitution, http://www.afsc.org/mich/nationalLegAlert.html

National Prison Legislation Alerts (ADA/Victim Rights Amendment) Dear Friends: In addition to the recent transfer of 157 prisoners to Virginia because of "overcrowding" in Michigan prisons, there are two pending national legislative acts/constitutional amendments that we would like to draw your attention to. Despite a recent ruling by the Supreme Court that the ADA does apply to prisoners, there is a proposed "State and Local Prison Relief Act" to exempt correctional facilities from following the ADA. There is speculation that Senator Strom Thurmond is hoping to amend S. 2266 onto the Senate Appropriations Bill. This could happen fast. Please contact your Senator with your opposition. Soon there should be more info at: http://www.nami.org/pressroom/ On July 7th, The Victim's Rights Constitutional Amendment was voted out of the Senate Judiciary Committee. The next step is a full vote in the senate, followed in the house. This is a complex issue, but in general, it widens the gap between "victim's rights" and "prisoner rights" even farther let alone all the constitutional issues. For example, survivors of domestic violence who act in self-defense against their abusers: there is no clear victim or offender. Check out for an online version: http://www.criminaljustice.org/TESTIFY/test0012.htm

4. The Law Society Of Manitoba - Information For The Legal Profession The law Society of Manitoba web site has been developed for use by the law Society's members and the public. Practising law In Rethinking victim rights law. Topics covered include health care consumers their rights, obligations and remedies. health care providers their rights and obligations. legal issues http://www.lawsociety.mb.ca/cle_pitblado.htm

Pitblado Lectures Practising Law In An Aboriginal Reality The 2001 Isaac Pitblado Lectures November 23rd and 24th, 2001 The Aboriginal Reality: Understanding the Manitoba Demographics Professor Wanda Wuttunee Professor John Borrows The Métis: In Search of Recognition Jean Teillet The Constitutional Rights of Manitoba’s Métis: Questions Without Answers Heather Leonoff, Q.C. Walking the Tightrope Blindfolded: The Legitimacy and Uncertainty of Striving for Balance in the Context of the Rights of Aboriginal People Thomas A. Saunders Is the Fiduciary Role of Government Changing? S. Ronald Stevenson Aboriginal Women: Neglected Rights Lore M. Mirwaldt, Q.C. Aboriginal Child Welfare: New Players, New Processes, New Practices Kaye Dunlop, Q.C. Consultation with Aboriginal Communities in Resource Management: Resources, Rules and Reasons Kathleen Murphy Selected Current Issues in Aboriginal Rights Cases: Evidence, Limitations and Fiduciary Obligations Harley Schachter First Nations Governments in Manitoba: The Changing Role of the Lawyer Irene Linklater Band Government: Providing Legal Advice Within a Political Dynamic Kimberley Gilson Income Tax and First Nations Cy Fien Checklist of Concerns for Lenders’ Solicitors When Making Loans to First Nations and/or First Nations’ Owned/Controlled “Ordinary Commercial” Corporatoins Edward D. Brown

5. Ordering Restitution To The Crime Victim, Legal Series Bulletin #6 a series of bulletins addressing salient legal issues affecting crime Restitutionto the Crime victim, the sixth of state laws addressing the rights of victims http://www.ojp.usdoj.gov/ovc/publications/bulletins/legalseries/bulletin6/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. Ordering Restitution to the Crime Victim, the sixth in the series, provides an overview of state laws addressing the rights of victims to receive court-ordered restitution from offenders in criminal cases.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.

6. Legal Scholarship On The WWW : Human Rights legal Essays indexed by subject 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. Human rights. The Working Group's future was discussed, as were funding issues. (E law, Volume Struggle for a restitution Policy in the 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)

7. Restitution Worldwide Holocaust victim Assets Claims. legal issues Bearing on the restitution of GermanCultural Property William R Youngblood (Emory International law Review, Volume http://www.law.cam.ac.uk/restitution/rest.htm

Restitution Worldwide Restitution front page Search Restitution ... ABA Journal Cover Story Examines the Call for Slavery Reparations (November 2000) Africa Reparations Movement (UK) Apartheid lawsuit spotlights US "holocaust" lawyer Fagan (ANC Daily News Briefing) (June 2002) Art Law and Cultural Property Law - an introduction Institute of Art and Law Association for Restitution of Private Property in Macedonia Association of Jewish Refugees - Central Office for Holcaust Claims (UK) ... British Museum receives restitution claim (May 2002) Bulgaria: Problematic Restitution of the Church Property (August 2001) Calls for Slavery Restitution Getting Louder (also here and here (New York Times) (June 2001) Central Office for Holocaust claims (UK) (Association of Jewish Refugees) Central Registry of Information on Looted Cultural Property 1933-1945 Commission on Restitution of Land Rights Commission for Looted Art in Europe Companies sued over link to slave trade by Gethin Chamberlain (March 2002) Conference on Jewish material claims against Germany Confiscation of Jewish property in Norway during World War II Cultural Property: Return and illicit trade (Commons Culture, Media and Sport Committee 7th Report)

8. Restitution Law an insurance company, but case law is changing the general rule is the victim mustmake independent counsel for advice regarding their individual legal issues. http://www.911law.com/restitution_law.htm

Law Firm of Richard L. Duquette Law Firm of Richard Duquette 1015 Chestnut Ave., Suite A2 Carlsbad, CA 92008 Criminal Restitution Law For an overview of restitution guidelines see California Penal Code Section 1202.4 which outlines the restitution and economic losses that a victim can recover from a defendant convicted of a crime. Consult with an Attorney. Furthermore, all persons who suffer loss as a result of criminal activity had a right to restitution from those convicted of the crime, California Constitution, Article I, Section 28B, and California Penal Code Section 1202.4(a)(1). A victim that incurs a loss that is caused by the defendants' conduct is entitled to restitution. See People v. Carbajal , (1995) 10 C 4th 1114, 1122 (Hit and Run). The statutory language limits recovery to a direct victim. People v. Torres , (1997) 59 CA 4th 1 and People v. Barkett (1999) 21 C 4th 226. No recovery to an insurance company, but case law is changing, so research it! Further, a defendant may not be required to pay restitution to victims of claims that were not charged. See

9. On-Line Publications Victims' Rights Sourcebook The victims' rights Sourcebook provides instant access to information about crime victims' rights Category Society Crime Sex Offenses Statistics and Research...... Policy Comprehensive Legislative Information Center issues - In Congress 3-A, Informingvictims of Their legal rights. awarded to the National victim Center by http://www.ncvc.org/law/SBOOK/TOC.HTM

10. Untitled The judge asks a local law professors, who specializes in victims' rights, to prosecutethe Discuss the legal issues involving the victim of the http://www.law.utah.edu/faculty/websites/cassellp/victims_finalexam.html

UNIVERSITY OF UTAH COLLEGE OF LAW Rights of Crime Victims Spring, 1999 Professor Paul Cassell May 7, 1999 FINAL EXAMINATION Instructions This examination begins at 8:30 p.m. It is designed to be a two-hour examination with two questions of one hour each. Each of the two questions will be given equal weight in determining the final grade. You are given an extra hour to allocate as you see fit. You must turn in your examination by 11:30 p.m. This is essentially an open book examination. You may have the following materials with you: your textbook, my supplemental materials, any materials distributed during the course, any outline that you may have prepared by yourself or with other students. You may not have the following materials: any commercial publications, hornbooks, or the like. In accordance with standard law school procedure, do not write your name anywhere on your exam or any other information that could be used to identify you. Write your exam number on your exam. This permits evaluation without knowledge of the exam-taker's identity. If possible, please do not write in pencil (it is difficult to read). Page limits: if you are handwriting this exam, you are limited to a

11. Victims Rights twenty years ago, the idea of legal rights for victims the definitions and boundariesof criminal law and procedures in all aspects of victim issues and victim http://www.trynova.org/Victims/cwrights.html

NATIONAL ORGANIZATION FOR VICTIM ASSISTANCE Member of the National Voluntary Organizations Active in Disaster Home About NOVA Board Members Contact Us ... Victim Assistance Crime Victim and Witn ess Rig hts Basic Rights Revisited When the victims movement was founded over twenty years ago, the idea of legal rights for victims of crime was a distant ring of hope for those who had suffered the trauma of victimization. Its early sound was a simple statement of seven principles, first articulated in 1980. Victims and witnesses have a right to protection from intimidation and harm. Victims and witnesses have a right to be informed concerning the criminal justice process. Victims and witnesses have a right to reparations. Victims and witnesses have a right to preservation of property and employment. Victims and witnesses have a right to due process in criminal court proceedings. Victims and witnesses have a right to be treated with dignity and compassion. Victims and witnesses have a right to counsel. Determined victims and their advocates continue to fight for victim rights. Since 1980, every state has sought to translate these principles into policies and practice. Thirty-two states have passed

12. Victims - Links To Legal Resources: Criminal Law: Victims obtaining the rights that the law provides and to victim support, victimrelated issues,and crime of Sexual Abuse - Articles, links, legal resources, statutes http://mishpat.net/law/Criminal_law/victims/

Bookstore Cyberlaw News Discuss Law Legal News Legal Information Criminal law : victims victims Rape Victims support groups Advocate Statistical Reporting Software - ASRS was created to assist domestic violence, family violence, sexual assault, and victims of crime service providers and coalitions to collect and report victim demographics and incident statistics. (Added: 01 Jan 2001 Rate It Get Site Info AIC: International Victimology - An edited selection of papers given at the 8th International Symposium on Victimology held at the Convention Centre in Adelaide, South Australia in August 1994, Proc. no. 27. (Added: 01 Jan 2001 Rate It Get Site Info Am I A Fraud Victim? - Information provided by Trans Union to determine if you are a victim of credit fraud. (Added: 01 Jan 2001 Rate It Get Site Info Avoid Becoming a Victim of Credit Card Fraud - Information for merchants who operate e-commerce sites on recognizing signs of fraud and what to do if you become a victim. (Added: 01 Jan 2001 Rate It Get Site Info Battered But Not Beat - Kathy's domestic violence story. How you can overcome domestic violence and make a change for the better today. (Added: 01 Jan 2001 Rate It Get Site Info Burgled Helpline - UK site offering help and advice for victims of burglary.

13. 9. Legislating Victim Rights the victim with information about their legal recourse after Arizona's law providesvictims of juveniles the right Protection issues can also show the court's http://www.ncjfcj.unr.edu/homepage/today/VF_9.htm

9. Legislating Victim Rights Home Back Next What are the rights of victims of juvenile offenders? Over the past few years, more and more states have passed legislation to provide specific rights to victims of juvenile offenders. Some states limit their rights to victims of juveniles whose cases would have been felonies if committed by adults. In these instances, victims of misdemeanor property offenses have fewer rights. Many states have a fairly comprehensive list of rights for victims of serious juvenile offenses. The rights provided by many states include, but are not limited to, the following: Information Rights Providing the name and address of offenders, their parents, the law enforcement officer, etc. Notice Rights Informing victims of the status of the case, and of different proceedings such as hearings, reviews, releases, and plea negotiations. Confidentiality Rights The right to keep the name and address of the victim confidential, to closed proceedings, to open felony juvenile records to victims. Protection Rights Involves finger printing juveniles who commit violent acts, considering the victim's safety when determining the juvenile's detention, providing the victim with information about their legal recourse after intimidation by the juvenile, and reasonable protection and safety.

14. Victim Rights Notification Page arrest. The judge issues the warrant. law enforcement officers are requiredto advise the accused of his or her legal rights. First http://www.houstonda.org/victimrights.html

Houston County Georgia Office of District Attorney Victims' Rights under Georgia Law O.C.G.A. § 17-17-1 et seq INTRODUCTION CONFIDENTIALITY DEFENDANT MAY BE RELEASED PENDING TRIAL DESIGNATION OF SOMEONE TO ACT IN YOUR PLACE ... NUMBERS AND ADDRESSES OF AGENCIES When the Magistrate Court issues a warrant for the arrest of person, and you are listed as a victim of that crime, Georgia has important laws concerning you in the legal system. You have both rights and responsibilities under these laws. The purpose of this page is to explain your rights and responsibilities under our legal system. This page will also explain where you may obtain more information concerning different stages of the criminal process. If you have any questions about the information contained in this page, contact the prosecuting attorney's office, or the authorities listed under a particular topic. The address and telephone number for each of the agencies discussed in this document are listed at the end of this page. INTRODUCTION In order for you to exercise your rights under the law, you must give your telephone number and address to the proper authorities. The telephone number must be for a regular landline phone, and not a pager or other electronic device.

15. Victim/Witness Florida Statutes, provides legal rights established for role involves cooperatingwith law enforcement in in obtaining Crime victim Compensation, restitution http://sa18.state.fl.us/vicsvcs/vicwit.htm

Victim Witness Services Division n award-winning national and statewide leader in quality services to crime victims. Purpose of Victim Services In the aftermath of crime, victims often experience emotional pain and trauma as well as confusion concerning the legal process. The Victim Witness Services Division is dedicated to ensuring that the needs and the rights of crime victims and witnesses are met through compliance with the law, and with respectful and fair treatment. On January 3, 1989, with the enactment of Article 1, Section 16, Paragraph (b), of the Florida Constitution , the State of Florida became the first state in the nation to change their constitution to include the rights of crime victims. As a victim or witness of crime, you have certain rights and are entitled to information regarding what you may expect from the criminal justice system and how you may receive any available assistance needed as a result of the crime. Section 960.001, Florida Statutes

16. MBA: About Our Legal System the victim of a crime, you have certain legal rights. If Clerk issues a complaint,he will also issue a The rights contained in this law include Prompt court http://www.massbar.org/lawhelp/legal_info/index.php?sw=3126&full_id=183

17. Connecticut Victim Rights' Statutes the judge presiding over the legal proceeding shall Units can provide informationabout these issues. also be sent to the appropriate law enforcement agency http://www.smith-lawfirm.com/victims_statutes_1.html

Home Directions Family Law Victims Law ... Site Table If we take the justice out of the criminal justice system, we leave behind a system that serves only the criminal. Final Report, President's Task Force on Victims of Crime, 1982 Table of Contents Right to Notification Attendance at Court Proceedings and Victim Testimony/Input Restitution/Compensation Access to Confidential Records/Test Results ... Statutes of Limitation for Victims of Sexual Abuse Susan K. Smith Attorney at Law 39 Russ Street Second Floor Hartford, CT 06106-1566 Tel: (860) 297-0035 Fax: (860) 297-0040 152 Simsbury Rd. (Route 10) Riverdale Farms Bldg. 9 Avon, CT 06001 Voice: (860) 678-1860 Fax: (860) 297-0040 Connecticut's Victim's Rights Statutes Excerpted from Crime Victims: A Formula For Justice , a report by the Office of Victim Services to the Judiciary Committee of the General Assembly on Public Act 97-257: An Implementation Plan for Serving the Crime Victims of Connecticut Right to Notification Assistance at crime scene and notification re: rights and services.

18. Victims Rights And Support Organizations Tennessee Coalition policymakers about crime victim’s issues, to educate state, law enforcement officeror law enforcement agency of violent crime (due to legal requirements and http://www.tvcscc.org/

Victims Rights and Support Organizations Tennessee Coalition Against Domestic and Sexual Violence East Tennessee Victims Rights Organization Shelby County Victim's Assistance Program You Have The Power ... Community Services Directory Online Chat Support Groups Our Purpose The Tennessee Victims of Crime State Coordinating Council has been established to promote awareness of the needs of victims of crime and the families of victims of crime, to provide awareness of the needs of victims of crime and to coordinate and assist the efforts of victims' rights organization. We do not provide direct services assistance to individual victims or families of victims, but will instead refer victims and/or will advise victims of resources available to victims. This website attempts to provide information to the public, professionals and policymakers about crime victim’s issues, to educate, train and provide technical assistance to professionals assisting victims of crime and to provide information regarding services available to victims of crime. We want you to know that as a victim, you have rights. Regardless of your gender, age, sexual orientation, education, social standing, or financial status. The state of Tennessee has created a Victim's Bill of Rights. Below lists those rights:

19. Victim Rights Act Compliance services, victim assistance resources, legal resources, mental members include representativesfrom law enforcement and who attempt to resolve issues as early http://dcj.state.co.us/ovp/vra.htm

OVP Home OVP Staff Your Victim Rights VOCA ... Back to DCJ Your Victim Rights The victim rights information listed here is also available in a brochure format. You may download the brochure from the links listed below, or you may call Heidi Pomfret (Division of Criminal Justice, Office of Victims Programs, 303-239-4497) to order printed copies of the brochure. The brochure is available in both English and Spanish. The following downloads are available in Adobe Acrobat (version 3.0) file format. This file format is view-only and print-only. You will need the Adobe Acrobat Reader to download these files. The Acrobat Reader is available FREE OF CHARGE at Adobe's website. Victims and Witnesses Have Rights (English version) (Adobe Acrobat 3.0) (61K) Victimas y Testigos Tienen Derechos (Spanish version) (Adobe Acrobat 3.0) (188K)

20. Untitled 1995); Modernisation of the INMARSAT Convention issues Facing the victim culture 1998 European Human rights law Review 730. The legal Constitution United http://www.lgu.ac.uk/law/lawlinks/research/publications.htm

Research Research Staff Publications Contact us Publications Dr. Michael Arnheim Common Law (ed.), Dartmouth, 1994 Drafting Settlements of Disputes, (Butterworths), 1994 (Butterworths), 1999 British Constitutional Law, forthcoming 2000. Silas Beckwith Frances Burton Family Law and Practice (Cavendish, 1996) Professor S.K. (Charles) Chatterjee "Contractual Negligence can fall within an Arbitration Clause: An Analysis of the Judicial Guidelines developed by the English Courts" Arbitration The Arbitration between American Manufacturing and Trading Inc. and The Republic of Zaire: When Challenges to the Jurisdiction of an ICSID Tribunal are not Valid" Journal of International Arbitration (1999). "Legal Interpretation of the Term 'Without Delay' under UCP" .Accepted for publication in the International Journal of Banking Regulation "The Limits to Continuing Obligations under the Listing Rules of the London Stock Exchange". European Financial Services Law Dr Harvey Cohen ‘Swaps and Restitution’ in "

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