Leonardo Angiulo: Victim Rights in Massachusetts
Monday, September 15, 2014
First and foremost is the right to remain informed of developments in the case. This access to information begins on the day of arraignment and continues through to a defendant's incarceration. In addition, the right to be informed includes having access to prosecutors throughout the pretrial and trial term. That access includes preparation before trial, or in the event of a plea, the presentation of a victim impact statement. Of course, all of this doesn't happen automatically. It takes hard working prosecutors and victim witness advocates employed by the Commonwealth to get the job done.
There are also a number of financial services that the Victim Bill of Rights brings to those in need. Victims of violent crime, for example, are eligible for compensation through the Victim Compensation and Assistance Division of the Massachusetts Attorneys General's Office. In implementing that fund, the division is guided by codes of Massachusetts Regulation on the subject. Those regulations address everything from definitions of injury to eligibility. They also provide certain protections such as limiting debt collection for medical or dental bills until a determination is made of whether, or not, a person will receive such benefits.
Like any public benefit, some readers may begin to wonder where the funding for such generous programs comes from. In part, that question was answered by the legislature when it enacted the Victim Bill of Rights. Specifically, section 8 of Chapter 258B of the Massachusetts General Laws imposes assessments that are paid by criminal defendants. Whenever the court takes a plea, or verdict, resulting in a conviction or admission to sufficient facts, the mandatory victim fee is imposed. Those monies go the Victim and Witness Assistance Fund in order to make sure the resources are in place to make these statutory programs available.
All the money in the world won't erase the effects of a violent act. It can, however, help victims to get the mental and physical health services that they need to begin repairing the damage done. In addition, having a dedicated victim witness advocate in their corner to explain the process and a prosecutor to give them a voice in the courtroom can make the difference between relief and despair. While no one can undo what has been done, there are many people involved in the criminal justice system that are committed to the idea that a victim has rights that will be honored.
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