Justice for All Act of 2004

18 U.S.C. § 3771 (A) provides crime victims with the following rights:

  1. The right to be reasonably protected from the accused
     

  2. The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused
     

  3. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determined that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding
     

  4. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding
     

  5. The reasonable right to confer with the attorney for the Government in the case
     

  6. The right to full and timely restitution as provided in law
     

  7. The right to proceedings free from unreasonable delay
     

  8. The right to be treated with fairness and with respect for the victim's dignity and privacy.
     

  9. The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.
     

  10. The right to be informed of the rights under this section and the services described in section 503(c) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice.

 

The right to be treated with fairness and with respect for the victim's dignity and privacy.

California Constitution, Article I, Section 28(B)

In order to preserve and protect a victim's rights to justice and due process, a victim shall be entitled to the following rights: 

  1. To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process
     

  2. To be reasonably protected from the defendant and persons acting on behalf of the defendant
     

  3. To have the safety of the victim and the victim's family considered in fixing the amount of bail and release conditions for the defendant
     

  4. To prevent the disclosure of confidential information or records to the defendant, the defendant's attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim's family or which disclose confidential communication made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law
     

  5. To refuse an interview, disposition, or discovery request by the defendant, the defendant's attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents
     

  6. To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case
     

  7. To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings
     

  8. To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue

Victims' Bill of Rights "Marsy's Rights"

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P.O. Box 28944

San Diego, CA

92198

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