Page:United States Statutes at Large Volume 96 Part 1.djvu/1298

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PUBLIC LAW 97-000—MMMM. DD, 1982

96 STAT. 1256

PUBLIC LAW 97-291—OCT. 12, 1982 FEDERAL GUIDELINES FOR FAIR TREATMENT OF CRIME VICTIMS AND WITNESSES IN THE CRIMINAL JUSTICE SYSTEM

18 USC 1512 ^°^-

S E C 6. (a) Within two hundred and seventy days after the date of enactment of this Act, the Attorney General shall develop and implement guidelines for the Department of Justice consistent with the purposes of this Act. In preparing the guidelines the Attorney General shall consider the following objectives: (1) SERVICES TO VICTIMS OF CRIME.—Law enforcement personnel should ensure that victims routinely receive emergency social and medical services as soon as possible and are given information on the following— (A) availability of crime victim compensation (where applicable); (B) community-based victim treatment programs; (C) the role of the victim in the criminal justice process, including what they can expect from the system as well as what the system expects from them; and (D) stages in the criminal justice process of significance to a crime victim, and the manner in which information about such stages can be obtained. (2) NOTIFICATION OF AVAILABILITY OF PROTECTION.—A victim or

witness should routinely receive information on steps that law enforcement officers and attorneys for the Government can take to protect victims and witnesses from intimidation. (3) SCHEDULING CHANGES.—All victims and witnesses who

have been scheduled to attend criminal justice proceedings should either be notified as soon as possible of any scheduling changes which will affect their appearances or have available a system for alerting witnesses promptly by telephone or otherwise. (4)

PROMPT NOTIFICATION TO VICTIMS OF MAJOR SERIOUS

CRIMES.—Victims, witnesses, relatives of those victims and witnesses who are minors, and relatives of homicide victims should, if such persons provide the appropriate official with a current address and telephone number, receive prompt advance notification, if possible, of judicial proceedings relating to their case, including— (A) the arrest of an accused; (B) the initial appearance of an accused before a judicial officer; (C) the release of the accused pending judicial proceedings; and (D) proceedings in the prosecution of the accused (including entry of a plea of guilty, trial, sentencing, and, where a term of imprisonment is imposed, the release of the accused from such imprisonment). (5) CONSULTATION WITH VICTIM.—The victim of a serious

crime, or in the case of a minor child or a homicide, the family of the victim, should be consulted by the attorney for the Government in order to obtain the views of the victim or family about the disposition of any Federal criminal case brought as a result of such crime, including the views of the victim or family about— (A) dismissal; (B) release of the accused pending judicial proceedings; (C) plea negotiations; and