The Attorney General Guidelines for Victim Witness Assistance defines a crime victim a “person directly and proximately harmed as a result of the commission of a Federal offense or any offense in the District of Columbia (18 U.S.C. § 3771(e)) if the offense is charged in federal district court. If a victim is under 18 years of age, incompetent, incapacitated, or deceased, a family member or legal guardian of the victim, a representative of the victim’s estate, or any other person so appointed by the court may exercise the victim’s rights, but in no event shall the accused serve as a guardian or representative for this purpose. (18 U.S.C. § 3771(e)) A victim may be a corporation, company association, firm, partnership, society, or joint stock company. (1 U.S.C. § 1).”
Upon request, a crime victim may receive information specific to the investigation, such as when charges are filed, arrest, upcoming trial date or logistics. A crime victim may request information and/or referral for services according to a specific need. This referral may include, but not be limited to, counseling, medical assistance, emergency shelter, transportation, relocation, and/or information about State Crime Compensation.
State crime compensation programs exist in every state in the country, plus the District of Columbia, Puerto Rico, and the Virgin Islands. Crime victim compensation programs administered by state governments promote the recovery of more than 100,000 victims every year, paying out close of $250 million annually. Victims of most violent or personal crimes, including assault, rape, child abuse, and domestic violence, as well as family members of murder victims, are eligible. Property crime, such as theft and burglary, are generally not compensable by state compensation programs. Crime victim compensation programs pay for medical care, mental health counseling, lost wages and support, and funerals; For more information, see the National Crime Victim Assistance Board.
Children are one of the most vulnerable identified and reported victims in drug related crime investigations. These child victims are often referred to as Drug Endangered Children (DEC).
A drug endangered child is under the age of 18 years old and lives in or is exposed to an environment where illegal drugs are used, possessed, distributed, diverted, and/or manufactured. This includes the non-medical use of pharmaceutical drugs. The resulting harm to a child may be physical, sexual, emotional abuse and/or neglect; traumatic stress; exposure to drug paraphernalia, hazards, pornography; unfit living conditions; high risk behavior; exposure to domestic and/or community violence.
In addition, children are at risk of being forced to participate in illegal or sexual activity in exchange for drugs or money likely to be used to purchase drugs.
Law enforcement may be the first on scene to identify a drug endangered child. However, the identification can be made by any of the professionals in the course of responding to related or unrelated matters.
A drug endangered child may:
- Be a victim of physical, sexual and/or emotional abuse and/or neglect.
- Not receive basic care including lack of food, sanitary and safe living conditions or schooling.
- Deficient in grooming, supervision and nurturing; have inappropriate sleeping conditions; and may require medical and/or dental treatment.
- Witness domestic or community violence.
- Have access to weapons.
- Test positive for an illegal drug caused by inhalation, needle sticks, ingestion, or passive smoke inhalation.
- May have increased risk of contamination; exposure to toxic chemicals, fire and explosions; and other hazardous living conditions especially in situations where methamphetamine, butane hash oil and other illegal drugs are manufactured.
Crime victims’ rights laws apply equally to child victims. When law enforcement identifies a child victim, they refer to local Child Protective Services professionals, Child Advocacy Centers (CAC), Multidisciplinary Response Teams and/or other professionals who provide a coordinated response focused on the child.
The multidisciplinary team approach involves local law enforcement, first responders, prosecutors, child protective services, medical and mental health professionals. The team may include other professionals identified in the community such as code enforcement, public health, educators, school nurses, school social workers and more.
A cooperative alliance is formed in the community where information is shared and there is case coordination. In some communities, a memorandum of understanding is initiated that supports the effort.
In having a coordinated response in place, a child identified in a drug environment is provided immediately. During evidence collection, photographs are taken from the child's perspective, of illegal drugs and/or hazards. The report and photographs are given to the prosecutor for possible filing of charges of child endangerment, abuse or neglect.
The founder of the DEC response is Sue Webber Brown, a former Narcotics Detective and District Attorney Investigator, Butte County, California.
After determining that children in drug environments were not receiving the services so desperately needed, Sue created the response and then worked with Mike Ramsey, District Attorney, Butte County, California, to develop the first DEC protocol.
Shortly thereafter, local DEC programs were created in communities all over the country, and in 2003, a national DEC program was established. Since that time, the movement to identify and aid drug endangered children has expanded in scope and impact to include partners on the federal, state, tribal and local levels recognizing the problem and implementing intervention strategies.
Under Title 18, U.S.C., Section 3771(a), a crime victim has the following rights:
- The right to be reasonably protected from the accused.
- 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.
- The right not to be excluded from any such public court proceedings, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
- The right to be reasonably heard at any public proceeding in the district court involving release, plea, (or) sentencing, or any parole proceeding.
- 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 victims, dignity and privacy.
A crime victim may at any time seek the advice of a private attorney concerning these rights at your own expense and discretion. A crime victim may file a complaint against any employee of the Department of Justice who violated or failed to provide the rights established under the Crime Victims' Rights Act of 2004, 18 U.S.C. Section 3771.
The Department of Justice has established the Office of the Victims’ Rights Ombudsman to receive and investigate complaints filed by crime victims against its employees and has implemented Procedures to Promote Compliance with Crime Victims’ Rights Obligations, 28 C.F.R. Section 45.10.
Contact the Crime Victims' Rights Ombudsman
Victims’ Rights Ombudsman
Executive Office for United States Attorneys
Department of Justice | RFK Main Justice Building | 950 Pennsylvania Ave., N.W. | Room 2261 | Washington, DC 20530-0001
Toll-Free: (877) 574-9302 | Phone: (202) 252-1010 | Fax: (202) 252-1011
Email: usaeo.VictimOmbudsman@usdoj.gov
