VICTIMS RIGHTS

In 1994, the citizens of the State of Idaho passed a Crime Victim's Rights Constitutional Amendment. This Amendment gives victims 10 specific rights as they move through the criminal justice process:

• To be treated with fairness, respect, dignity and privacy throughout the criminal justice process;
• Permitted to be present at all criminal justice proceedings;
• Entitled to a timely disposition of the case;
• Given prior notification of trial court, appellate and parole proceedings and, upon request, to information about the sentence, incarceration or release of the defendant;
• Heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration or release of the defendant unless manifest injustice would result;
• To be informed of a possible plea agreement by the prosecuting attorney prior to entry into that agreement in criminal or juvenile offenses involving crimes of violence, sex crimes, or crimes against children;
• Allowed to refuse an interview, ex-parte contact or other request by the defendant or any other person acting in behalf of the defendant, unless such request is authorized by law;
• Consulted by the pre-sentence investigator during the preparation of the pre-sentence report and shall be allowed to read the report prior to the sentence hearing;
• Assured the expeditious return of any stolen or other personal property by law enforcement agencies when no longer needed as evidence;
• Notified whenever the defendant or suspect is released or escapes from custody.

REPORT A NEW CASE

MADD Idaho receives all cases by referral.  You can refer a case by phone at 208-853-3700 or email us as much information as possible to idaho.id@madd.org.

• Name of defendant
• Case Number
• City/County
• Charge
• Judge
• Prosecutor
• Defense Attorney
• Court dates
• Specifics of Crash or Repeat Offender

Victim Advocate

What is a Victim Advocate?  How can one help me?

MADD Victim Advocates assist victims in criminal justice proceedings and, in many cases, will accompany victims to court. They also may be able to provide a list of local professional counselors, civil attorneys and clergy who are skilled at working with crash victims.

Here are some specific ways a MADD Victim Advocate can help:

• Inform you about drunk driving laws and victim rights.
• Monitor the court case against the defendant.
• Provide a list of civil attorneys skilled in handling wrongful death and personal injury cases.
• Assist in preparing a victim impact statement.
• Accompany you to court to offer support and inform you about legal procedures.
• Represent your family with statements to the media.
• Assist with the development of probation conditions if the offender does not go to prison.
• Apply for financial assistance through the Crime Victims' Compensation Fund.

Contact Miren Aburusa for assistance.

Miren Aburusa: miren.aburusa@madd.org

What is a 'Victim Impact Statement?'

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In most jurisdictions, a Victim Impact Statement is simply an open letter to the judge from the victim/survivor or their loved one describing the physical, financial, and emotional loss relative to the drunk driving crash. It may be the one time that the victim's voice is heard in a system set up to protect the rights of the defendant.

An effective Victim Impact Statement:

• can be read aloud in three to five minutes
• does not repeat evidence presented in trial
• focuses on what the crime means to the victim emotionally, physically, spiritually and/or financially
• is simple and descriptive
• communicates how the victim's life is different due to the crash

If you need assistance or would benefit from sample letters, please call the MADD Idaho State Office.

Links for Victims

Crime Victim Compensation Application and Information:

http://www2.state.id.us/iic/crimevictims.htm

Idaho Council on Domestic Violence and Victim Assistance:

http://www2.state.id.us/crimevictim/index.cfm

Canyon County Prosecutor - David L. Young

http://www.canyoncounty.org

Ada County Prosecutor - Greg Bower

http://www.adaweb.net/

Common Legal Terms and Defintions

http://www.lawlib.state.md.us/glossary.html