A crime victim's constitutional rights are further defined in the Crime Victims' Rights Act, which was passed by the General Assembly in 1998 to implement the Victims' Rights Amendment. The Act specifies the roles of various criminal justice officials in supplying the information the victim is to receive, as well as in implementing other victims' rights at each stage in a criminal case.
Responsibilities of Law Enforcement
Law enforcement agencies provide the victim with the following:
- Information about the availability of medical services
- Information about crime victims' compensation
- Contact information for the prosecuting District Attorney's office
- Contact information for the investigating law enforcement agency to ask about an accused's arrest or release from custody
- Information about an accused's opportunity for pretrial release.
Responsibilities of the District Attorney's Office
The District Attorney's office is responsible for the following:
- Providing the victim with information that explains the victim's rights
- Notifying the victim of the date, time and place of all trial court proceedings involving the accused, if the victim so desires
- Providing a secure waiting area during court proceedings
- Providing the victim with the opportunity to talk with the attorney prosecuting the case, before the case is disposed, about the victim's views of the disposition of the case
- Providing the victim the right to make a statement telling the sentencing judge the impact the case has had on the victim, prior to disposition of the case
- Informing the victim of the disposition of the case within thirty (30) days of the final proceeding
- Telling the victim of any rights the defendant has to appeal the case
- Submitting victim identification information to the court at the time of sentencing
Responsibilities of Other Agencies
In addition to notice about trials and convictions, the victim is also entitled to receive notice as follows:
- The Attorney General's Office notifies the victim of any appellate court proceedings.
- The Governor's Office gives notice of any clemency proceedings.
- The agency having custody of a defendant committed to jail or prison notifies the victim of the minimum custody status, upcoming release, escape, capture, or death of an incarcerated defendant.
- The Division of Community Corrections gives information to the victim concerning the supervision status, probation hearings, absconding, capture, termination of probation, discharge from probation, or death of a probationer.
Victim Impact
A victim has the right to offer evidence of the impact of the crime, to be considered by the court or the jury in sentencing the defendant. This evidence can include:
- A description of the injuries - physical, psychological, or emotional - that the victim suffered
- An explanation of any economic or property loss
- A request for restitution
Responsibilities of the Victim
As shown above, several agencies have responsibilities to notify the victim of various events, if the victim requests to be notified. In the case of any changes in the victim's address or telephone number, it is the victim's responsibility to notify the appropriate agencies of the new address or telephone number. Communicating any address changes to the various agencies mentioned above, as well as to the Clerk's office in the county in which the case was disposed, is important not only for the victim's receipt of future notices, but also for the future payment of any restitution ordered by the judge.
To find the telephone number of the of the District Attorney or Clerk of Superior
Court in a particular county, see
District Attorney or
Clerk of Superior Court.
The following are the numbers for other agencies that may need to be notified of changes:
- Attorney General's Appellate Division: Janet Cook, 919-716-6500
- Department of Correction's Office of Victim Services: 866-719-0108
- Governor's Clemency Office: 919-715-1695