Spotlight on: Victims' Rights and Juvenile Court

by Stephanie Muller1

No one chooses to be the victim of crime. It can happen to anyone. When it does, the physical, financial and emotional effects can be devastating. Justice system professionals come into contact with crime victims when they are most vulnerable and most volatile. To work effectively with victims of crime, prosecutors must be sensitive to victims' concerns and, aware of victims' rights legislation, as well as potential sanctions for violations of those rights. Unfortunately, the structure of the juvenile court system complicates work with victims. Confidentiality of records, limited resources, and the "best interests of the child" philosophy can leave crime victims feeling re-victimized, powerless and forgotten by the justice system. Consequently, juvenile prosecutors must also be well versed in the legal constraints imposed on information sharing by the juvenile justice system.

Victims' Rights

Currently, every state has some type of victim legislation, and 31 states have passed constitutional amendments guaranteeing the rights of crime victims. Although it varies from state to state, legislation generally requires that victims of crime "...be treated by agents of the state with dignity, respect, and sensitivity during all phases of the criminal justice process."2 Generally, victims are afforded the right to information about the defendant and the case, the right to be present at all hearings and the right to be heard in court prior to sentencing. Prosecutors are encouraged to develop a through understanding of the victims' rights legislation in their jurisdictions, and to honor those rights in every case.

Potential Consequences for Violations of Victims' Rights

In many states, there are no consequences for criminal justice professionals who violate victims' rights. Some advocacy groups believe that fewer than half of all crime victims make it through the system without having their rights violated. In states without formal remedies, it is the responsibility of all criminal justice professionals to police themselves and their colleagues to insure that victims' rights are protected. In an increasing number of states, however, sanctions can be imposed for violations of victims' rights. For example:

• In Colorado, the Governor's Victims' Coordinating Program at the Division of Criminal Justice is the agency responsible for addressing victims' rights complaints. If the issue cannot be resolved through informal means, the offending agency may be required to provide appropriate training sessions.
  
  
• In Minnesota, the Office of the Crime Victims' Ombusdsman (OCVO) handles complaints from victims who believe their rights have been violated. Upon investigation, if a violation is found, recommendations are made to the offending agency. These could include attendance at victim awareness classes, the creation of policies and procedures, or any other measure the ombudsman believes is necessary to prevent future violations. Although OCVO has no authority to sanction a person or an agency, if the recommendations are not complied with, the ombudsman may release the investigation report to the media. OCVO investigates violations by law enforcement, prosecutors, probation officers, victim/witness assistance programs and some government officials.
  
  
• In Maryland, the victim Services Project Coordinator, in the Governor's Office of Crime Control and Prevention, receives all victims' rights complaints, including those involving judges. If the offending person does not cooperate during the informal process, his or her supervisor is contacted. If there is still no agreeable resolution, the offending person can be required to attend a suitable training and may receive a letter of reprimand.

Prosecutors should be aware of any potential sanctions that exist in their jurisdictions and institute policies and procedures to avert any problems.

Effective Use of Victim Advocates

In prosecutors' offices that employ victim/witness staff, victim advocates are the first line of defense against victims' rights violations. Advocates can perform a wide variety of tasks, assisting victims throughout the court process. The following are some of the services advocates provide:

• Advocates can be responsible for the majority of the victim contact, taking some of the burden off the attorneys. Advocates can explain the juvenile justice process and address any questions, concerns, fears or frustrations. They can assist in pre-trial interviews and preparing victims to testify.
  
  
• Advocates can provide victims with information about any compensation funds or other state or local funding that is available to help offset their financial losses.
  
  
• Advocates can instruct victims on how to obtain restraining orders/protective orders and prepare victim impact statements. They can confirm service of subpoenas, appropriate agencies, support groups, shelters and victim compensation organization.
  
  
• Advocates can interact with and gather information from police, schools, social services, parole and probation departments, insurance companies, victims' employers and any other agencies that may become involved.

Through ongoing communication, advocates are often able to form a valuable and trusting relationship with victims. They can provide support and information during court proceedings, help angry or anxious victims remain clam during a very stressful process, and relay important information between the victim and the prosecutor. Prosecutors are encouraged to develop good working relationships with their victim advocates, both to facilitate better prosecutions and to protect victims' rights.

Victims' Rights in Juvenile Court

Complicating the victims' rights issue in juvenile court are the complex and confounding confidentiality of records statutes that protect the privacy of juvenile offenders. While a few jurisdictions grant public access to juvenile court activities and records, many courts are closed and most records closely monitored to protect the identity and privacy of juvenile offenders. Absent clear statutory mandates or case authority, defining the extent of crime victims' rights in juvenile court is an intractable problem.

Presently, 48 states have some type of victim rights legislation that is specific to juvenile court, but in some of these states, the rights may include nothing more than allowing the victim to know the name of the juvenile, if requested, or to request restitution. This inherent unfairness in the system forces prosecutors and other practitioners to constantly balance the needs of victims for information about defendants and cases with the juveniles' rights to privacy and confidentiality of records.

Fortunately for crime victims, the juvenile court system on whole is moving away from rigid restrictions on information sharing. In the wake of high profile, extremely violent offenses committed by juveniles in recent years, justice system practitioners have recognized the need to share information with each other. Juvenile court systems across the country are beginning to break with traditional concepts of juvenile court and explore other innovative criminal justice models that include the victim, the offender and the community in the justice system. Criminal justice philosophies such as balanced and restorative justice and community prosecution not only allow information sharing, they require it. These philosophies, especially restorative justice, actively engage victims at every stage of the process, giving them information and opportunities for input into the resolution of cases. This level of involvement, while voluntary on the part of victims, increases their sense of control and gives them confidence that justice will be done.

Conclusion

Victims, whether victimized by adults or juveniles, have a need and a right to know that the court system will act swiftly and fairly to bring about a just result in their cases. In juvenile court, prosecutors and other practitioners must make every effort to protect the rights of crime victims while adhering to existing confidentiality laws. Victim advocates can be invaluable assets to the prosecutors as they strive to bridge the gap between victims' rights and the juvenile justice system.

1 Victim Advocate/Program Assistant, APRI
2 The Constitution of Maryland, Declaration of Rights -- Article 27