On June 21, the House Judiciary Subcommittee on the Constitution held a hearing on the Crime Victims Rights Act (CVRA), Title I of the Justice for All Act (JAA) (P.L. 108-405). The CVRA provides enforceable procedural rights for crime victims in federal court, including the right to be reasonably protected from the accused; the right to be notified of public proceedings; the right to be heard at release, plea or sentencing; the right to confer with the prosecutor; the right to restitution; and the right to be free of unreasonable delays in proceedings. The JAA authorizes grants for a variety of victim assistance programs, including $11 million for organizations that provide legal and support services for crime victims in federal, state, and tribal governments, and a provision that provides grant assistance to identify victims through the DNA testing of unidentified remains.
Professor Julie Goldscheid of CUNY School of Law testified that “some of the provisions [of the CVRA], however, fall short of meeting many victims’ needs, particularly those who have fewer financial resources. For example, the act authorizes victims’ participation in criminal proceedings, but does not make any provisions to ensure that they are granted time off from work without adverse consequences.” Professor Goldscheid went on to note that the CVRA “does nothing to support counseling programs or interventions that help victims obtain crime victim compensation or other benefits for which they might be eligible. For domestic violence victims in particular, representation in orders of protection, custody and visitation, housing and employment, and benefits proceedings is critically important and can reduce the risk of future abuse. Services such as shelter programs and financial support are also a high priority. Overall, support for this wide range of programs is essential to any comprehensive approach to crime victims’ needs.”
Mary Lou Leary, executive director of the National Center for Victims of Crime (NCVC), said that there are several issues which need Congress’ attention “for the act to fulfill its promise.” She highlighted the increased demands on the federal victim notification system but noted that, “unfortunately, it appears that the additional funding authorized to meet this increased demand was never provided.” Ms. Leary said that the NCVC “strongly urges Congress to clarify that crime victims have the right to be informed of the status of an investigation, the arrest of the accused, and the filing or decision not to file charges.”
Debra Culberson testified regarding her daughter Carrie’s 1996 murder; Carrie’s remains have never been recovered. Ms. Culberson said that her concern is that neither the JAA nor the CVRA contain a national policy on unidentified remains. “We need to have mandated testing of any unidentified dead, a national repository for these test results for all states to be able to access,” she said. Mrs. Culberson went on to say that “experts estimate there are between 40,000 and 50,000 unidentified human remains in our country. Given today’s technology it is totally unacceptable for a civilized nation not to have a protocol and treat the remains of its citizens in a more appropriate way. I along with so many others, have not been able to go through the natural grieving process after the loss of a loved one…Not knowing what happened to, or where our loved ones are, we are left to mourn and wonder for the rest of our lives.”
Margaret Gavin, director of the National Crime Victim Law Institute, said that “in the CVRA Congress authorized the appropriation of money for the operation of free legal clinics so that crime victims could obtain legal services to effectively and vigorously assert and enforce their rights in the courts. There is a clear and present need for the congress to appropriate funds up to its authorization level if the new rights are to be fairly tested in a full and fair way within the adversary process that is our criminal justice system.”
