Without the participation and cooperation of crime victims and witnesses,
the criminal justice system would cease to function. The rights of
these individuals should be given full recognition and protection.
The State has the responsibility to enhance and protect the necessary
role of crime victims and witnesses in the criminal justice process.
In furtherance of this, the improved treatment of these persons should
be assured through the establishment of specific rights. These rights
are among the most fundamental and important in assuring public confidence
in the criminal justice system.
Crime victims and witnesses are entitled to the following rights:
- To be treated with dignity and compassion by the criminal justice
system
- To be informed about the criminal justice process
- To be free from intimidation
- To have inconveniences associated with participation in the criminal
justice process minimized to the fullest extent possible
- To make at least one telephone call provided the call is reasonable
in both length and location called
- To medical assistance if, in the judgment of the law enforcement
agency, medical assistance appears necessary
- To be notified if presence in court is not needed
- To be informed about available remedies, financial assistance
and social services
- To be compensated for their loss whenever possible
- To be provided a secure, but not necessarily separate, waiting
area during court proceedings
- To be advised of case progress and final disposition
- To the prompt return of property when no longer needed as evidence
- To submit a written statement about the impact of the crime to
a representative of the county prosecutor's office which shall be
considered prior to the prosecutor's final decision concerning whether
formal criminal charges will be filed
- To make, prior to sentencing, an in-person statement directly
to the sentencing court concerning the impact of the crime. This
statement is to be made in addition to the statement permitted for
inclusion in the presentence report by N.J.S. 2C:44-6. In any homicide
prosecution the victim's survivor may display directly to the sentencing
court at the time of this statement a photograph of the victim taken
before the homicide.