Fact sheets index

Victims'Rights: Responsibilities of the Criminal Justice System

Under Vermont law, as the victim of a crime, you have certain rights.  If you are the victim of a "listed crime," you have additional rights.  You are the victim of a "listed crime" if the defendant (the accused offender) tried to commit or committed any of the crimes against you listed on the last page. In this handout, the rights of victims of "listed crimes" will be printed in italics, and noted with an *.

	GENERAL RIGHTS

All victims of crime have the following rights:

 ·	To be treated with courtesy and sensitivity by the court system and the State's Attorney's office. - 13 V.S.A. §5303(c)
 ·	To the cooperation of State's Attorneys, local police, local social services agencies and courts in gaining your rights. - 13 V.S.A. §5307
 ·	To expect that those responsible ensure that the prosecution moves smoothly and promptly, and that they cooperate when you want to enforce civil rights and remedies after a prosecution, including preserving and producing evidence and documents, and providing testimony. - 13 V.S.A. §5303(c)
 ·	To receive, on request, oral or written information required under §§5301-5319.  The person furnishing information can rely on the most recent name, address and telephone number you provided. - 13 V.S.A. §5317
 ·	To receive, on request, prompt notification by any state agency having custody of an adult offender before he/she is released on bail or conditions of release, furlough or other community program, or when he/she escapes or is recaptured, dies or receives a pardon or his/her sentence is made less severe.  The address and phone number used to notify you will be kept confidential. - 13 V.S.A. §5305(a)
 ·	To refuse to answer questions asked outside a courtroom or deposition (sworn testimony outside of court) by people working for the defense or prosecution. - 13 V.S.A. §5314(b)
 *	To expect anyone associated with the prosecution or defense who comes in contact with you or your family to properly identify him/herself and his/her employer. - 13 V.S.A. §5316 
 ·	To have your home address and workplace kept confidential by witnesses testifying in a criminal proceeding - unless the court finds that nondisclosure will harm the accused's case. - 13 V.S.A. §5310
 *	To be present during all court proceedings involving adult defendants - except in some limited circumstances. - 13 V.S.A. §5309
 *	To expect that an employer not fire or discipline you or a family member or a representative for honoring a subpoena to testify. - 13 V.S.A. §5313

If The Victim Cannot Exercise Her/His Rights

A family member may exercise your rights:
 ·	If you are a minor or are unable to exercise your rights under §§5301-5319, 13 V.S.A. §7006, or 28 V.S.A. 507.  If more than one family member tries to exercise your rights, the court may choose who may exercise those rights based on your best interest.  If no family member is able to exercise your rights, where you have the right to address the court or parole board, your victim advocate or other representative may attend and read to the court or parole board a written statement you or a family member prepared without the help of the State's Attorney or a police officer. - 13 V.S.A. §5318(a)
 ·	If you are a minor or are incapacitated, incompetent, or deceased and unable to exercise your rights under 13 V.S.A. §§5305, 5308-5317, 7006; 28 V.S.A. §§205, 252, 507; and 33 V.S.A. §5529a.

	POLICE AGENCIES

You have the right to expect that police agencies which:
 ·	Investigate the crime will, after initial contact, on request, promptly give you written information about your legal rights under 13 V.S.A. §§5301-5319 and the availability of:
	- 	Assistance, including medical, housing, counseling and emergency services;
	- 	Victim's Compensation and the name, street address and phone number of the Center for Crime Victims Services;
	- 	Protection, including protective court orders;
	- 	Your and the defendant's access to case records which are public under the law. - 13 V.S.A. §5314(a) 
 *	Investigate the crime will, as soon as practicable after initial contact, at your request, use reasonable efforts to give you all of the following information as relevant:
	-	The accused's identity unless he/she is under 18 or it is incompatible with law enforcement purposes;
	- 	Whether the accused has been taken into custody;
	- 	The file number of the case, and the name, office street address and phone number of the officer assigned to investigate the case;
	- 	The State's Attorney's name, office street address and phone number; and
	- 	An explanation that no one is required to answer questions asked outside a courtroom or deposition by people working for the defense or prosecution. - 13 V.S.A. §5314(b)
 *	Cited or arrested the accused will, at your request, notify you of the arraignment. - 13 V.S.A. §5308
 ·	Are holding your property as evidence to take reasonable care of the property and, at your request, when the State's Attorney's allows, promptly notify you when it may be picked up - unless the property is contraband or subject to forfeiture. - 13 V.S.A. §5311

	VICTIM ADVOCATES IN STATE'S ATTORNEY'S OFFICES

You have the right receive the following services - except as otherwise provided by law:
 ·	Information about the level of available protection and help in getting police protection from harm and threats of harm resulting from your cooperation with the court system;
 ·	Information about your right to request notification of a defendant's release or escape from appropriate agencies;
 ·	Help and support in dealing with police agencies and getting property returned;
 ·	Short-term counseling and support;
 ·	Referrals for further services;
 ·	Information about getting witness fees and restitution;
 ·	Help documenting and preparing requests for restitution and insurance reimbursement;
 ·	Help getting financial assistance and minimizing loss of pay or benefits resulting from your involvement in the criminal justice process;
 ·	Notification when a court proceeding involving your case is or is not going to take place unless the accused is under 18;
 ·	Needed transportation to court proceedings. - 13 V.S.A. §5304(a)
 ·	Be present at depositions when you ask for personal support. - V.R.Cr.P. 15(f)
 ·	Notification of the conclusion of your case; and
 ·	Information about appearing at the offender's sentencing. - 13 V.S.A. §5304

	STATE'S ATTORNEY'S OFFICES

You have the right to expect that the State's Attorney's office:
 *	Will, at your request, inform you about issues concerning bail, and inform the court of your views on the defendant's being released on bail. - 13 V.S.A. §5308
 *	Will, at your request, inform you of the defendant's conditions of release if he/she is released on conditions at arraignment - 13 V.S.A. §5305(b)
 *	Will use all reasonable efforts to keep you informed of plea agreement negotiations, and consult with you throughout the negotiation process. - 13 V.S.A. §7006(e)
 ·	May be present to protect you at depositions. - V.R.Cr.P. 15(f)
 *	Will, at your request, notify you, if practicable, when the defendant asks the court for something that may substantially delay the prosecution, and inform the court of your views on the delay. - 13 V.S.A. §5312
 ·	Will give you advance notice of the date of sentencing. - 13 V.S.A. §7006(a)
 *	Will explain the following at or before the sentencing:
	- 	If the offender is sentenced to time in jail, he/she will be in the custody of the Commissioner of Corrections who can change jail time through good time credit, furlough, work-release and other early release programs;
	- 	What minimum and maximum sentences mean; and
	- 	What parole means and how it may affect the actual amount of time the offender may serve. - 13 V.S.A. §7006(d)
 *	Will, at your request, promptly inform you and explain the meaning of the offender's appealing the conviction or asking for any post-conviction remedy; and promptly notify you of the date, time and place of any hearing; and promptly notify you of the decision. - 13 V.S.A. §5315

	COURTS

If you have to give a deposition you have the right to:
 ·	Request that the defendant not be present.  If the court decides that he/she must be present, you have the right to special protections, e.g., that there be a screen between you and him/her, or that the deposition be taken by two-way closed circuit television.  V.R.Cr.P. 15(b)
 ·	Expect that the attorneys not act in ways that harass or intimidate you.  V.R.Cr.P. 15(d)(1)
 ·	Ask for a protective order if you are being harassed or intimidated. - V.R.Cr.P. 15(f)

When the offender is about to be sentenced, you have the following rights:
 ·	To attend and to express reasonably your views about the crime, the offender, and the need for restitution. - 13 V.S.A. §7006(a)
 ·	To be asked by the judge if you want to make a statement about sentencing and to have her/him consider your oral or written views offered at or outside the hearing. - 13 V.S.A. §7006(c)

Juvenile Offenders - If the offender is under 18 you will NOT be told his/her identity and cannot be present at the sentencing unless the court allows.  However, when he/she is being sentenced, you can give the court a written or tape recorded statement of your views about the crime, the sentence and your need for restitution, and the court must consider your views and inform you of the sentence. - 33 V.S.A. §5529a

	DEPARTMENT OF CORRECTIONS

If you are the victim of a listed crime, you have the right to:
 *	Receive, upon request, information about the offender's general compliance with his/her conditions of probation but not confidential information he/she revealed in treatment. - 28 V.S.A. §205(b)
 *	Notification of the time and place of a parole eligibility hearing at least 30 days in advance. - 28 V.S.A. §507(a)
 *	Be informed, at your request, of the time and place of a parole board hearing at least 30 days in advance.  You have the right to testify or submit a written statement for the parole board to consider. 
 *	Be informed, at your request, of the parole board's decision and any conditions of release they imposed. - 13 V.S.A. §5305(c)

	PAROLE BOARD

If you are the victim of a listed crime, you have a right to testify or submit a written statement for the parole board to consider. - 13 V.S.A. §5305(c)

The defendant cannot be present when you testify before the parole board unless you permit. - 28 V.S.A. §507

	LISTED CRIMES

You are the victim of a "listed crime" if the defendant attempted to commit or committed any of the following crimes against you: Aggravated assault [13 V.S.A. §1024], Arson causing death [13 V.S.A. §501], Assault and robbery causing bodily injury [13 V.S.A. §608(c)], Assault and robbery with a dangerous weapon [13 V.S.A. §608(b)], Burglary of an occupied dwelling [13 V.S.A. §1201(c)], Careless or negligent operation of a vehicle resulting in serious bodily injury or death [23 V.S.A. §1091(c) or (d)], Domestic assault or aggravated domestic assault [13 V.S.A. §§1042-1044], Kidnapping [13 V.S.A. §2405 or 2401], Leaving the scene of an accident with serious bodily injury or death [23 V.S.A. §1128(b) or (c)], Lewd or lascivious conduct [13 V.S.A. §2601], Lewd or lascivious conduct with a child [13 V.S.A. §2602], Maiming [13 V.S.A. §2701], Manslaughter [13 V.S.A. §2304], Murder or aggravated murder [13 V.S.A. §§2301, 2311], Operating a vehicle under the influence with death or serious bodily injury resulting [23 V.S.A. §1210(e) or (f)], Reckless endangerment [13 V.S.A. §1025], Sexual assault or aggravated sexual assault [13 V.S.A. §§3252, 3253 or 3201, 3202], Stalking or aggravated stalking [13 V.S.A. §§1062, 1063], Unlawful restraint [13 V.S.A. §§2406, 2407], Violation of a final relief from abuse order [13 V.S.A. §1030].