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The History of Crime Victims' Rights In America

This is an historical overview of crime victims' rights in the United States.

Volunteers gather in front of the US Capitol to collect signatures supporting the Federal Crime Victims’ Rights Amendment

1965

  • First Crime victim compensation program established in California (Maryland’s program created in 1972)

1974

  • The federal law Enforcement Assistance Administration (LEAA) funded the first victim/witness programs in Brooklyn and Milwaukee District Attorney’s offices

1975

  • First Victims’ Rights Week organized by the Philadelphia District Attorney
  • National Organization for Victim Assistance (NOVA) founded to expand victims' rights & services

1976

  • First Victim impact statement created in California

1977

  • The National Association of Crime Victim Compensation Boards is established

1978

  • The National Coalition Against Domestic Violence is formed & initiates the introduction of the Family Violence Prevention & Services Act in U.S. Congress

1979

  • Crime Victims’ Legal Advocacy Institute founded by Frank Carrington – later renamed the Victims’ Assistance Legal Organization (VALOR) to promote victims’ rights in the civil & criminal justice systems

1980

  • Mothers Against Drunk Driving (MADD) founded
  • Parental Kidnapping Prevention Act passed by U.S. Congress
  • First Crime Victims’ Bill of Rights passed in Wisconsin

1981

  • President Ronald Reagan proclaims the First “Crime Victims’ Rights Week” in April

1982

  • President Reagan appoints the Task Force on Victims of Crime – Final Report offers 68 recommendations to improve the treatment of crime victims, including an amendment to the 6th Amendment of the U.S. Constitution to guarantee victims’ rights to be present & heard at critical stages of judicial proceedings
  • The Federal Victim & Witness Protection Act is passed
  • California’s Proposition 8 is passed to guarantee restitution & other statutory reforms for crime victims
  • The Missing Children’s Act is passed by Congress to help find missing children through FBI National Crime Information Center (NCIC) computer system

1983

  • The Office for Victims of Crime (OVC) was created by U.S. Department of Justice to implement recommendations from the President’s task Force
  • The U.S. Attorney General established a Task Force on Family Violence
  • President Reagon honors crime victims in First White House Rose Garden ceremony
  • First National Conference of the Judiciary on Victims of Crime held at National Judicial College in Reno
  • Wisconsin passes First Child Victim & Witness Bill of Rights
  • International Association of Chiefs of Police adopts Crime Victims’ Bill of Rights

1984

  • The Victims of Crime Act (VOCA) is passed & establishes the Crime Victims Fund from federal criminal fines & penalties to support state victim compensation & service programs
  • President Reagon signs Justice Assistance Act which establishes financial & support assistance to state & local governments
  • The National Minimum Drinking Age Act is enacted
  • The National Center for Missing & Exploited Children is created
  • The Spiritual Dimension in Victim Services is founded to involve faith communities in victim services
  • U.S. Congress passes the Family Violence Prevention & Services Act to fund domestic violence programs
  • The ad hoc committee on the constitutional amendment formalizes plans to secure passage of state amendments
  • Concerns of Police Survivors (COPS) is organized for survivors of officers killed in the line of duty
  • First National Symposium on Sexual Assault is co-sponsored by OVC & FBI to create awareness on federal level for needs of rape & sexual assault victims
  • A victim/witness notification system is established within the Federal Bureau of Prisons
  • Victim/witness coordinator positions are established in the U.S. Attorney’s offices
  • First Victim Services Certification Program is established at California State University
  • OVC establishes the Office for Victims of Crime Resource Center

1985

  • The National Center for Victims of Crime is founded (originally named to honor Sunny von Bulow) to promote the rights & needs of crime victims
  • The United Nations General Assembly passes the International Declaration on the Rights of Victims of Crime & the Abuse of Power
  • The Federal Crime Victims Fund deposits total $68 million

1986

  • NOVA convenes a forum to refine a national plan to secure state constitutional amendments for crime victims
  • Rhode Island passes a constitutional amendment granting victims rights to restitution, victim impact statements & to be treated with dignity & respect
  • The Federal Crime Victims Fund deposits total $62 million
  • Victim compensation programs have been established in 35 states

1987

  • The National Victims’ Constitutional Amendment Network (NVCAN) & Steering Committee are formed
  • The Federal Crime Victims Fund deposits total $77 million
  • Security on Campus, Inc. is established to raise awareness about crime & victimization on our nation’s campuses
  • The American Correctional Association establishes a Task Force on Victims of Crime
  • National Domestic Violence Awareness Month is designated to commemorate battered women
  • U.S. Supreme Court rules in 5-4 decision in Booth v Maryland that victim impact statements are unconstitutional & in violation of the 8th Amendment
  • Florida advocates conduct successful petition campaign to get constitutional amendment on the 1988 ballot

1988

  • Constitutional Amendments are introduced in Arizona, California, Connecticut, Delaware, Michigan, South Carolina & Washington; Florida & Michigan amendments are passed
  • VOCA amendments legislatively establish the Office for Victims of Crime, induce state compensation programs to cover victims of domestic violence, homicide & drunk driving & new priority category for funding victim assistance to include previously underserved victims of violent crime
  • The Federal Crime Victims Fund deposits total $93 million
  • The National Aging Resource Cenet in Elder Abuse is established
  • OVC sets aside funds for the Victim Assistance in Indian Country grant program
  • The Federal Drunk Driving Prevention Act is passed raising the minimum drinking age to 21
  • OVC establishes a Federal Emergency Fund for victims in the federal criminal justice system

1989

  • Texas & Washington pass state constitutional amendments
  • The Federal Crime Victims Fund deposits total $133 million
  • The U.S. Supreme Court reaffirms in South Carolina v Gathers that victim impact statements violate the 8th amendment when applied to the penalty phase in capital cases

1990

  • Congress passes the Hate Crime Statistics Act requiring collection of data for crimes motivated by racial, religious, ethnic or sexual orientation prejudice
  • The Student Right-to-Know & Campus Security Act is passed requiring institutions of higher learning to disclose crime information
  • The Federal Crime Victims Fund deposits total $146 million
  • The Arizona constitutional amendment is placed on the ballot & is ratified
  • The National Child Search Assistance Act requires law enforcement to enter missing children reports in NCIC computer
  • The Victims’ Rights & Restitution Act incorporates a Bill of Rights for federal crime victims & codifies services that should be available to them
  • Congress passes legislation proposed by MADD to prevent drunk drivers & other offenders from filing bankruptcy to avoid paying restitution or civil fines
  • The Victims of Child Abuse Act of 1980 is passed & requires reforms to make the federal system less traumatic for child victims & witnesses

1991

  • The U.S Supreme Court in Payne v Tennessee reverses its earlier decisions & rules that testimony & prosecutorial arguments on the victim’s good character & victim impact statements do not violate the defendant’s constitutional rights
  • U.S. Representative Ilena Ros-Lehtinen files the First Congressional Joint Resolution to place victims’ rights in the constitution
  • The Federal Crime Victims Fund deposits total $128 million
  • The U.S. Attorney general issues comprehensive guidelines for the treatment of federal crime victims
  • The American Probation & Parole Association establishes a Victim issues Committee addressing concerns related to community corrections
  • The InterNational parental Child Kidnapping Act makes the unlawful removing of a child outside the U.S. a federal felony
  • The New Jersey constitutional amendment is passed & ratified by voters Colorado introduces & passes a constitutional amendment in 15 days
  • OVC provides funding for the National Victim Center for Civil Legal Remedies for crime victims
  • The U.S. Supreme Court rules in Simon & Schuster v New York Crime Victims Board that New York’s notoriety-for-profit statute was overly broad & unconstitutional

1992

  • The Federal Crime Victims Fund deposits total $221 million
  • Five states: Colorado, Kansas, Illinois, Missouri & New Mexico ratify constitutional amendments for victims’ rights
  • The Battered Women’s Testimony Act, which urges states to accept expert testimony in cases involving battered women is passed
  • Massachusetts approves a bill creating a statewide computerized domestic violence registry
  • 28 states pass anti-stalking legislation
  • The U.S. Congress re-authorizes the Higher Education Bill which includes the campus Sexual Assault Victims Bill of Rights
  • The Association of Paroling Authorities, International establishes a Victim issues Committee
  • The U.S. Supreme Court in R.A.V.v City of St. Paul strikes down a local hate crime ordinance in Minnesota

1993

  • President Clinton signs the “Brady Bill” requiring a waiting period for handgun purchases
  • Congress passes the Child Sexual Abuse Registry Act, establishing a national repository for information about child sex offenders
  • Wisconsin ratifies its constitutional amendment for victims’ rights bringing the total to 14 states with amendments
  • 22 states pass anti-stalking statutes bringing the total number to 50 plus the District of Columbia
  • The Federal Crime Victims Fund deposits total $144 million

1994

  • Six states pass constitutional amendments for victims’ rights (largest number in one year): Alabama, Alaska, Idaho, Maryland, Ohio & Utah
  • Kentucky becomes the first state to institute automated telephone voice notification to crime victims of their offender’s release status
  • President Clinton signs a comprehensive package of federal victims’ rights legislation as part of the Violent Crime Control & Law Enforcement Act that includes:
    • Violence Against Women Act
    • Enhanced VOCA funding
    • Enhanced sentences for drunk drivers with child passengers
    • Establishment of a National Child Sex Offender Registry
  • The American Correctional Association Victims Committee publishes Report & Recommendations on Victims of Juvenile Crime
  • The Federal Crime Victim Fund deposits total $185 million
  • OVC establishes the Community Crisis Response Program to improve services to communities experiencing multiple victimizations

1995

  • The U.S. Department of Justice issues Attorney General Guidelines for victim & witness assistance
  • The National Victims’ Constitutional Amendment Network proposes the first draft of language for a federal constitutional amendment for victims’ rights
  • The first class graduates from the National Victim Assistance Academy in Washington, D.C.
  • The Federal Crime Victims Fund deposits total $233 million

1996

  • Federal Victims’ Rights Constitutional Amendments are introduced in both houses of Congress with bipartisan support
  • Eight states ratify passage of constitutional amendments raising the total number to 29
  • The Community Notification Act, “Megan’s Law”, provides notification to communities of the location of convicted sex offenders by amendment to the National Child Sexual Abuse Registry Law
  • President Clinton signs the Antiterrorism & Effective Death Penalty Act, providing strengthened antiterrorism efforts, making restitution mandatory in violent crime cases, & expanding compensation & assistance to victims of terrorism at home & abroad
  • The National Domestic Violence Hotline is established to provide crisis intervention
  • The Federal Crime Victims Fund deposits total $ 525 million
  • The VOCA definition of “crime victim” is expanded to include victims of financial crime, allowing for counseling, advocacy & support services
  • The Church Arson Prevention Act is signed into law
  • The Office of Juvenile Justice & Delinquency Prevention issues the Juvenile Justice Action Plan for rights & services to victims of juvenile offenders
  • The Drug-induced Rape Prevention Act is enacted to address the issue of drug facilitated rape & sexual assault

1997

  • A federal victims’ rights constitutional amendment is re-introduced in the 105th Congress with strong bipartisan support
  • In June, President Clinton reaffirms support of the victims’ rights amendment in a Rose Garden Ceremony
  • A federal anti-stalking law is enacted by Congress
  • Congress passes the Victims’ Rights Clarification Act to clarify existing federal law allowing victims to attend & provide victim impact during sentencing in both capital & non-capital cases, specifically to address the needs of the Oklahoma City bombing
  • The Federal Crime Victim Fund reaches its 2nd highest year in funding collections with total deposits of $363 million
  • OVC publishes New Directions from the Field: Victims’ Rights & Services for the 21st Century & launches its homepage, www.ojp.usdoj.gov/ovc

1998

  • A new bipartisan version of the federal Victims’ Rights Amendment (SJ Res 44) is introduced with passage in the Senate Judiciary Committee, but no House action
  • Four new states pass state victims’ rights constitutional amendments: Louisiana, Mississippi, Montana & Tennessee
  • The Higher Education Amendments of 1998 is passed to address binge drinking & illegal alcohol consumption on college campuses
  • The Child Protection & Sexual Predator Punishment Act is enacted, providing sentencing enhancements & addressing sex crimes against children
  • The Crime Victims with Disabilities Act is passed to gather information about the extent of individuals with developmental disabilities
  • The Identity Theft & Deterrence Act is passed outlaws identity theft & directs the Sentencing Commission to consider factors in determining penalties, to acknowledge reports & to provide victims with information
  • The Federal Crime Victim funds deposits total $324 million

1999

  • SJR 3, the Federal Victims’ Rights Constitutional Amendment is introduced before the 106th Congress
  • The Victim Restitution Enforcement Act is introduced requiring mandatory restitution
  • Violence Against Women Act II is introduced before Congress
  • OVC issues first grants to create State Victim Assistance Academies
  • The National Crime Victim Bar association is formed by the National Center for Victims of Crime
  • The Federal Crime Victims Fund deposits total $985 million

2000

  • The Violence Against Women Act of 2000 is signed into law by President Clinton
  • The Internet Fraud Complaint Center website, is created by the U.S. Department of Justice, FBI, & the National White Collar Crime Center
  • The Federal Victims’ Rights Constitutional Amendment (SJR 3) is addressed in the full Senate, but later withdrawn because of insufficient votes for approval
  • The U.S. Congress passes a new national drunk driving limit if 0.08
  • The Victims of Trafficking & Violence Protection Act (for immigrant victims) is passed
  • The Federal Crime Victims Fund deposits total $777 million

2001

  • Congress responds to the 9/11 terrorist acts with new laws providing tax relief, compensation, funding for new services & civil claims as part of the Air & Transportation Safety & System Stabilization Act & the USA Patriot Act of 2001
  • The reauthorization of the Violence Against Women Act of 1994 is passed with some expanded funding & services
  • The Child Abuse prevention & Enforcement Act & Jennifer’s Law allows use of Byrne grant funds for prevention & costs of entering victims in FBI’s NCIC database
  • The Federal Crime Victims Fund deposits total $544 million

2002

  • All 50 states, District of Columbia, US Virgin Islands, Puerto Rico, & Guam have established crime victim compensation programs
  • The National Association of VOCA Assistance Administrators is created and OVC sponsors
  • The National Public Awareness & Education Campaign to promote the scope & availability of victims’ rights & services nationwide, offers the first “Helping Outreach Programs to Expand” grants to grassroots, non-profit, community- based victim organizations to improve services & sponsors regional roundtables for victims
  • The Federal Crime Victims Fund deposits total $519 million

2003

  • The Office for Victims of Crime celebrates its 20th anniversary of service
  • The Senate Judiciary Committee passes the Federal Victims’ Rights Constitutional Amendment: "But The House Fails to Take Action"
  • Congress makes the Office on Violence Against Women a permanent independent office
  • The Protect Act of 2003 (Amber Alert) creates a national network of AMBER (America’s Missing: Broadcast Emergency Response) to facilitate rapid law enforcement & community response to kidnapped or abducted children
  • Congress passes the Prison Rape Elimination Act to address the issue of rape in correctional institutions

2004

  • U.S. Congress passed the strongest federal crime victims' legislation in nation's history after failure to approve a Federal Constitutional Amendment; H.R. 5107, The Justice For All Act of 2004, strengthens the rights of victims of federal crimes and provides enforcement and remedies when there is failure to comply; Title 1 is named in honor of five victims: Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis and Nila Lynn; H.R. 5107 also includes provisions for DNA analysis backlog
  • The Senate Judiciary Committee passes the Federal Victims’ Rights Constitutional Amendment: "But The House Fails to Take Action"

 

 

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