Some cases begin with Grand Jury proceedings rather than with the filing of a criminal complaint. A Grand Jury is a group of citizens who meet to examine the evidence against individuals who may be charged with a crime. The Grand Jury's work is done in complete secrecy. Only an Assistant United States Attorney, a stenographer, and the witnesses subpoenaed to deliver Grand Jury testimony are allowed in the grand jury room.
After hearing the evidence presented by the Assistant United States Attorney, the Grand Jury will decide whether there is probable cause to believe that a crime has been committed. If the Grand Jury decides that there is probable cause to believe that the defendant has violated a criminal law of the United States, they will return an indictment. If the Grand Jury finds that this is not true, they will return a "no bill.
Although a Grand Jury proceeding is not a trial, it is a serious proceeding. Witnesses are placed under oath, their testimony is recorded, and their testimony may be used later during the trial. It is important to carefully review what you remember about the crime before testifying before the Grand Jury.
You must tell the truth. Before testifying before the Grand Jury, you will probably meet with the case agent or the Assistant United States Attorney. The Grand Jury does not necessarily call every witness to testify.
Sometimes the Grand Jury will return indictments on the basis of an agent's testimony alone. If you are called to testify, the Assistant United States Attorney should be able to give you an approximate time when your testimony will be heard. Unfortunately, it is not always possible to schedule testimony to the minute.
Your appearance may involve waiting to be called before the Grand Jury, so you should bring some reading material or other work along with you. You should be aware that if you are testifying at trial, your statements made to the Grand Jury must be disclosed to the defendant. A preliminary hearing will be held in cases where an indictment does not follow a criminal complaint right away. The United States Attorney does not have to prove the defendant's guilt at this hearing, but must present evidence to show that there is good reason known as "probable cause" to proceed with the charges against the defendant.
Usually, the law enforcement officer alone can provide sufficient evidence showing that it is probable that the defendant committed the offense. Occasionally, witnesses may be subpoenaed to testify. If you receive such a subpoena, you should contact the Assistant United States Attorney who is handling the case as soon as possible.
At the arraignment hearing, the charges in the indictment are read to the defendant, and his or her bail conditions are reviewed by the court. The defendant is given an opportunity to plead guilty or not guilty to the charges at this time.
Before the trial, the court may hear requests, known as "motions" by the defendant or the United States. Examples of these may include motions to suppress evidence, to compel discovery, or to resolve other legal questions.
If you are needed at a motion hearing, you will be notified by the United States Attorney's Office. The Pre-Trial Witness Conference. Sometime before the trial date, the Assistant United States Attorney in charge of the case may contact you by letter or phone asking you to come to a pre-trial conference.
The purpose of this conference is to prepare you for trial, and to review the evidence. You are entitled to receive a witness fee for attending this conference if you are otherwise eligible for witness fees.
In many felony cases, the only contact witnesses have with prosecutors is at the pre-trial conference and at the trial. Normally, when the trial date has been set you will receive a subpoena.
You may face serious penalties for failing to appear as directed by the subpoena. Check your subpoena for the exact time and place at which you should appear. If for any reason you are unable to appear as the subpoena directs, you should immediately notify the Assistant United States Attorney who is working on the case.
Felony trials usually proceed as scheduled; however, sometimes a trial may be delayed. There are a number of reasons Manchild - Victim Of Circumstance - V.O.C. Demo (File) a trial is delayed or postponed. For example, the defendant may plead guilty at the last minute. If this happens, the trial will be canceled. At other times, the defendant or the Assistant United States Attorney asks for, and is granted, a continuance to a future date.
Sometimes the trial has to be postponed a day or more because other cases being heard by the court have taken longer than expected. The United States Attorney's Office will do everything it can to notify you of any postponement in advance of your appearance in court. It is not uncommon to have to wait for some period of time before being called to the courtroom to give testimony.
For this reason, it is a good idea to bring some reading material or other work to occupy your waiting time. Usually, you will first be questioned by the Assistant Manchild - Victim Of Circumstance - V.O.C. Demo (File) States Attorney. Then the defendant's attorney has the right to question you. The Assistant United States Attorney may then ask follow-up questions. The judge may also ask you questions.
The defendant will be present in court during this time. After you have testified in court, you should not tell other witnesses what was said during your testimony until the case is over. Thus, you should not ask other witnesses about their testimony, and you should not volunteer information about your own.
The Felony Sentencing Hearing. If the defendant is convicted, the judge will set a date for sentencing. The sentencing hearing offers victims the important opportunity to tell the court how the crime affected them. Victim Impact Statement: when the defendant is convicted, by plea or by trial, the victim may submit a "Victim Impact Statement. The defendant and his or her attorney typically see the Victim Impact Statement.
Pre-Sentence Report: the probation officer will incorporate information from the Victim Impact Statement into a pre-sentence report that he or she will submit to the court before the defendant is sentenced. A pre-sentence report is a document completed by the Probation Office which details the defendant's criminal history, the defendant's background, and the impact of the crime.
This pre-sentence report will become a formal part of the court record and, as such, will be seen by the defendant and his or her attorney. Victim Allocution: if you are the victim of a violent crime or sexual abuse, the close family member of a child victim, a deceased victim, or an incapacitated victim, you will have an opportunity to inform the court about the crime's impact on you.
The defendant will be present when this occurs. Only the judge has the power to impose a sentence. Judges follow federal sentencing guidelines when issuing a sentence. These guidelines Manchild - Victim Of Circumstance - V.O.C. Demo (File) to assure that sentences are relatively uniform and fair. Sentencing alternatives permitted under the guidelines include placing the defendant on probation, which allows the defendant to be released into the community under supervision of the court for a period of years.
The judge may also formulate a sentence involving a combination of these sentencing alternatives. Restitution is the payment of money by the defendant to the victim, or to the court, for damages caused by his or her actions. The court will issue an order of restitution in cases where restitution is mandatory and will consider issuing a restitution order in cases where restitution is discretionary. See " How can I get my money back? If you are a victim, you should cooperate fully with the United States Probation office in preparing a Victim Impact Statement regarding the impact of the crime and the need for restitution.
Any criminal offense punishable by imprisonment for a term not exceeding one year is a misdemeanor. Misdemeanors include such offenses as assaults, possession of controlled substances and some tax law violations. Petty offenses are a type of misdemeanor and include offenses against traffic laws, as well as many regulations enacted by the agencies of the United States. Initiating Misdemeanor Cases.
Misdemeanor cases are not presented to a Grand Jury and can be initiated in a variety of ways. The United States Attorney may file a criminal information or a complaint with the court charging a misdemeanor. This is usually done after an Assistant United States Attorney and a law enforcement officer review the evidence. It is the United States Attorney's task to decide whether a case will be brought and how that case will be charged.
The Assistant United States Attorney may speak to victims and witnesses, or the law enforcement officer working the case will report the victim's and witnesse's statements to the Assistant United States Attorney. The Misdemeanor Arraignment Hearing. Once the complaint or information is filed, a date is set for the defendant to appear before a United States Magistrate Judge for arraignment. In cases where an arrest has been made prior to the filing of a complaint or information, the arraignment occurs immediately.
An arraignment before a United States Magistrate Judge is a hearing during which the defendant is informed of his or her rights, advised of the right against self-incrimination, informed about assistance of counsel, notified of his or her right to have the case heard before a United States District Court Judge or before a United States Magistrate Judge, and notified of the dates for further proceedings in the case.
The Magistrate Judge will review facts presented by the Assistant United States Attorney and the defendant, and will set conditions of bail release. Those conditions may include the defendant promising to appear on the date set for trial, the promise of a money bond to be forfeited if the defendant fails to appear, or other conditions of release that seem fair and appropriate to the Magistrate Judge. The purpose of bond is to ensure that the defendant will be present when the case is heard for final disposition.
It is not necessary for victims or witnesses to appear at the arraignment unless they have been specifically instructed to do so by the case agent or the Assistant United States Attorney. Manchild - Victim Of Circumstance - V.O.C. Demo (File)the legislature abolished the Board of Examiners and established the State Board of Control in its place. The Board also assumed many of the functions of the Board of Examiners. It consisted of three members appointed by the Governor.
During this era, the Board of Control was, according to one newspaper editorial, "the most important bureau of the State government, with the largest measure of power in directing the activities of the government. A major government reorganization inpromulgated by Governor C. Youngtransferred most of the Board's responsibilities to the Department of Finance and to the State Controller. Activity of the Board of Control from its reorganization in through the mids consisted of many routine procedures.
Determination and authorization of claims during its twice-monthly meetings was a significant part of the workload. The State Merit Award Program, instituted inprovided one of the earliest specialized claims programs administered by the Board of Control. The Merit Award Program allowed state employees to be financially rewarded for their suggestions that reduced or eliminated state expenditures or improved operations after those suggestions were implemented.
The Board of Control appointed four of the five board members to the State Merit Award Board and provided final action decisions for compensation to state employees.
Inthe Board was given the responsibility of administering the state's new "Good Samaritan" law also known as "Indemnification of Private Citizens"which provided compensation for citizens who suffered damages while trying to prevent a crime or apprehend a criminal.
The increasing size and complexity of state government required that uniform rules and regulations be developed and implemented regarding fiscal matters and the need for equitable treatment. Another Manchild - Victim Of Circumstance - V.O.C.
Demo (File) to create the Government Claims Program was the increased number of claims filed against the State, overloading the courts and creating a substantial backlog. This program dealt with specific fiscal operations managed by the Board such as: review of discharge of accounts receivable by the state; refunds, credits, and cancellation of taxes; sale and disposal of unclaimed property; transfer of funds between state agencies; determination of pro-rata share of administrative costs payable by each state agency; determination of headquarters for purposes of travel claims; and hearings regarding purchase and bid protests.
Among the crimes covered are domestic violencechild abusesexual and physical assault, homiciderobbery, drunk driving and vehicular manslaughter. If a person meets eligibility criteria, CalVCP will compensate many types of services when the costs are not covered by other sources. At times it may amount to a complete denial of human rights to victims from particular cultural groups, classes or a particular gender, through a refusal to recognize their experience as criminal victimization.
It may result from intrusive or inappropriate conduct by police or other criminal justice personnel. More subtly, the whole process of criminal investigation and trial may cause secondary victimization, from investigation, through decisions on whether or not to prosecute, the trial itself and the sentencing of the offender, to his or her eventual release.
Secondary victimization through the process of criminal justice may occur because of difficulties in balancing the rights of the victim against the rights of the accused or the offender. More normally, however, it occurs because those responsible for ordering criminal justice processes and procedures do so without taking into account the perspective of the victim.
Farrell and Pease, The following table shows the proportion of victims in this source who will be a victim of a similar offence within a year of the event. Some of the repeat victimization is due to the victim living or being associated with the offender.
Wife battering tends to happen more than once to the same victim who continues to live with the same man. This is also true of sexual incidents. Some of the repeat victimization in property offences is due to the location of the victim or their residence. Those who live close to a concentration of potential offenders in residences that are unprotected are particularly at risk of repeat victimization.
Repeat victimization is disillusioning to victims who report their experience to the police and the criminal justice system because they were not protected. Being victimized a second time increases the psychological trauma of the event.
Victimology Diverse views exist on the focus and place of the discipline of Victimology. While some believe that Victimology should function as an independent area of enquiry, others view it as a subfield of Criminology. A second issue concerns the breadth of victim related issues to be covered in the field of Victimology.
Some scholars advocate that Victimology should limit itself to the study of victim-offender interaction. Others argue that the needs of crime victims, functioning of the organizations and institutions which respond to these needs, and the emerging roles and responsibility for crime victims within the CJS are important areas of inquiry for Victimology. One approach is to limit the concept to victims of traditional crimes such as murder, rape, robbery, burglary etc.
However, it has also been proposed to include a broader definition of the concept by covering groups such as prisoners, immigrants, subjects of medical experimentation, and persons charged with crime but not proved guilty. Whereas the accused has several rights, the victim has no right to protect his or her interest during criminal proceedings.
Sometimes, even the registering of a criminal case in the police station depends upon the mercy of the police officer: victims suffer injustice silently and in extreme cases, take the law into their own hands and seek revenge on the offender.
Though no separate law for victims of crime has yet been enacted in India, the silver lining is that victim justice has been rendered through affirmative action and orders of the apex court. Studies on crime victims by researchers started in India only during the late s. Early studies were on victims of dacoit gangs i. Singh and Jatar studied whether compensation paid to victims of dacoits in Chambal Valley was satisfactory or not.
Since the s, many scholars have conducted studies in Victimology, which have been published. Its original meaning was rooted in the idea of sacrifice or scapegoat -- the execution or casting out of a person or animal to satisfy a deity Manchild - Victim Of Circumstance - V.O.C. Demo (File) hierarchy. Over the centuries, the word victim came to have additional meanings.
During the founding of victimology in the s, victimologists such as Mendel son, Von Hentig, and Wolfgang tended to use textbook or dictionary definitions of victims as hapless dupes who instigated their own victimizations.
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