A Claim of Violation of Crime Victim's Right(s) Under Article I, Section 42(1)(a) to (g) or 43, of the Oregon Constitution (for use in juvenile delinquency case) is a legal claim made by a crime victim in a juvenile delinquency case that their rights have been violated. These rights are outlined in Article I, Section 42(1)(a) to (g) and 43 of the Oregon Constitution. The rights of crime victims under Article I, Section 42(1)(a) to (g) of the Oregon Constitution include: 1. The right to be treated with fairness and respect for the victim's dignity and privacy throughout the criminal justice process (Section 42(1)(a)); 2. The right to be notified of and present at all proceedings involving the criminal conduct, the right to be heard in any such proceedings, and the right to confer with the prosecuting attorney concerning the disposition of the case (Section 42(1)(b)); 3. The right to restitution from the person who committed the criminal offense (Section 42(1)(c)); 4. The right to have the safety of the victim and the victim's family considered in fixing the amount of bail and release conditions for the person accused of the criminal offense (Section 42(1)(d)); 5. The right to protection from the accused person during the criminal justice process (Section 42(1)(e)); 6. The right to have the criminal justice system make a good faith effort to accommodate the victim's safety, dignity, and privacy (Section 42(1)(f)); and 7. The right to be informed of these rights (Section 42(1)(g)). In addition, Section 43 of the Oregon Constitution grants crime victims the right to enforce these rights in a court of law. Therefore, a Claim of Violation of Crime Victim's Right(s) Under Article I, Section 42(1)(a) to (g) or 43, of the Oregon Constitution (for use in juvenile delinquency case) is a claim that one or more of these rights has been violated by the juvenile delinquency court or its officials.
Claim of Violation of Crime Victim's Right(s) Under Article I, Section 42(1)(a) to (g) or 43, of the Oregon Constitution (for use in juvenile delinquency case)
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FAQ
The Justice for All Act of 2004 was enacted to protect crime victims' rights, eliminate the substantial backlog of DNA samples collected from crime scenes and convicted offenders, and improve and expand the DNA testing capacity of federal, state, and local crime laboratories.
The Crime Victims' Rights Act (18 U.S.C § 3771), enacted in 2004, specifies a broad set of rights for victims of federal crimes and authorizes federal funding for programs to assist victims in asserting, accessing and enforcing those rights.
(1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
"Victims of crime are entitled to certain basic rights including, but not limited to, the right to be informed, to be present, and to be heard at all critical stages of the federal and state criminal justice process to the extent that these rights do not interfere with existing Constitutional rights."
Victims' right to justice includes the right to: play a meaningful role in the criminal or juvenile justice process. be treated with dignity and respect. receive fair and impartial treatment.
Article I Section 42 (1)(a) provides: Upon specific request, the crime victim has the right to be informed in advance of any critical stage of the proceedings held in open court when the defendant or alleged youth offender will be present and to be present at each such stage of the proceedings.
The reasonable right to confer with the attorney for the government in the case. The right to full and timely restitution as provided in law. The right to proceedings free from unreasonable delay. The right to be treated with fairness and with respect for the victim's dignity and privacy.
Under the Oregon Constitution, a crime victim has ?the right to receive prompt restitution from the criminal convicted criminal who caused the victim's loss or injury.? Or Const, Art I, § 42(1)(d).