Victims' Rights

All clients will be informed of the Victim’ Rights as outlined in the Gila River Indian Community Criminal Code: GR-03-13 Revised Title 5 Criminal Code, Chapter 17 Victims Rights

CHAPTER 17.  VICTIMS’ RIGHTS 

1.1701. Victims’ Rights.

A. These rights shall be construed to preserved and protect a victim’s rights to just and due process. Notstanding the provisions of any other section in the Rules of Criminal Procedure or Section 5.710, Domestic Violence, a victim shall have and be entitled to assert each of the following rights:

1. The right to be treated with fairness, respect, and dignity, throughout the criminal proceedings.

2. The right to be free from intimidation, harassment, or abuse, throughout the criminal proceedings.

3. The right to be given reasonable, accurate, and timely notice of date, time, and lace of the any criminal proceedings.

4. The right to be present at all criminal proceedings.

5. The right to be informed of any release or proposed release of the defendant, whether that release is before expiration of the sentence or by expiration of the sentence, and whether the release is permanent or temporary in nature.

6. The right to be immediately notified of any escape of the defendant.

7. The right to confer with the prosecutor, prior to trial when applicable, in connection with any decision involving pre-conviction release of the defendant, a plea bargain, a decision not proceed with a criminal prosecution, dismissal of charges, or any other disposition prior to trial, and the right to be informed of the reasons for any decision made.

8. The right to be reasonably heard at any proceeding involving pre-conviction release, plea, sentencing, post-conviction, release, or any probation proceeding.

1.  The victim’s right to be heard is not exercised in the capacity of a witness, and therefore the victim/survivor is not subject to cross-examination.
2. The victim’s statement is not subject to disclosure, except in relation to proving the guilt of the defendant at trial.
3. The prosecutor and defense shall be afforded the opportunity to explain, support, or deny the victim’s statement.
4. The victim’s statement shall be relevant to the purpose of the hearing.
5. The victim’s right to heard may be exercised, at the victim’s discretion, through oral statement, submission of a written statement, or submission of a statement through an audiotape or videotape or other electronic means.

9. The right to require the prosecutor to withhold, during discovery and other proceedings, the home address, and telephone numbers of the victim/survivor, the name, address, and telephone number of the victim’s/survivor’s place of employment; provided, however, that for good cause shown by the defendant, the court may order that such information be disclosed to defense counsel and may impose such further restrictions as are appropriate, including a provision that the information shall not be disclosed by defense counsel to any other person than defense counsel’s staff, and shall not be disclosed to the defendant.

10.The right to refuse an interview, deposition, or other discovery request by the defendant, the defendant’s attorney or advocate, or other person acting on behalf of the defendant.

1. After charges are filed all defense requests to contact, interview, or depose the victim/survivor shall be initiated through the prosecutor.
2. The victim’s/survivor’s response to any defense request for interviews shall be communicated through the prosecutor.
3. The prosecutor shall not be required to forward any correspondence from the defendant, the defendant’s attorney, or defendant’s advocate to the victim/survivor or the victim’s/survivor’s representative, but is required to make a reasonable and good faith effort to inform the victim/survivor of a request for an interview or statement.
4. If there is any comment or evidence at trial regarding the victim’s/survivor’s refusal to be interviewed, the court shall instruct the jury that the victim/survivor has the right to refuse an interview under the Code.
5. For purpose of a pretrial interview, a law enforcement officer shall not be considered a victim/survivor if the act that would have made him a victim/survivor occurs while the law enforcement office is acting in the scope of his or her official duties.
6. The right of condition any defense counsel interview or deposition on any of the following: specification of a reasonable date, time, duration, and location of interview or deposition: the right of the prosecutor and crime victim advocate to attend the interview or deposition; the right to specify the manner, if any in which the interview or deposition is recorded: and the right to terminate the interview or deposition is recorded: and the right to terminate the interview or deposition if it is not conducted in a dignified and professional manner.

11. The right to view any pre-sentence report relating to the crime against the victim/survivor, except those parts excised by the court or made confidential by law. If the court excises any portion of the pre-sentence report the court shall inform the parties and shall state on the record it’s reasons for the excision.

12. The right to view a probation status report relating to the crime of domestic violence against the victim/survivor upon the offenders’ completion of court ordered domestic violence services or treatment, however the victim/survivor may not view those parts excised by the court or made confidential by law.  IF the court excises any portion of the probation status the court shall inform the parties and shall state on the records its reasons for excision.

13. The right to proceedings from unreasonable delay, and prompt and final conclusion of the case after conviction and sentence.

14. The right to informed of disposition of the case.

15. The right to full and timely restitution from the defendant (s) convicted of criminal conduct that caused the victim’s/survivor’s loss or injury.

1. Any order of restitution shall be as fair as possible to the victim/survivor or the victim’s/survivor’s estate without unduly complication or prolonging the sentencing process.
2. If the court does not order restitution, or orders only partial restitution, the court shall state on record the reason(s) for that action.
3. The court may order restitution for the value of property on the date of the damage, loss or destruction; for medical expenses; for income loss suffered as a result of the offense; for funeral expenses.