 States Beginning with NNebraskaNebraska Crime Victims Hotline402-471-2194 Nebraska does have a constitutional amendment that includes rights for crime victims. It was passed in 1997. This amendment reads as follows: (1) A victim of a crime, as shall be defined by law, or his or her guardian or representative shall have: The right to be informed of all criminal court proceedings; the right to be present at trial unless the trial court finds sequestration necessary for a fair trial for the defendant; and the right to be informed of, be present at, and make an oral or written statement at sentencing, parole, pardon, commutation, and conditional release proceedings. This enumeration of certain rights for crime victims shall not be construed to impair or deny others provided by law or retained by crime victims. (2) The legislature shall provide by law for the implementation of the rights granted in this section. There shall be no remedies other than as specifically provided by the Legislature for the enforcement of the rights granted by this section. (3) Nothing in this section shall constitute a basis for error in favor of a defendant in any criminal proceeding, a basis for providing standing to participate as a party to any criminal proceeding, or a basis to contest the disposition of any charge.
NevadaNevada Crime Victims Hotline702-885-4065 Nevada does have a constitutional amendment that includes rights for crime victims. It was passed in 1996. This amendment reads as follows: 1. [Pertains to the rights of the defendant] 2. The legislature shall provide by law for the rights of victims of crime, personally or through a representative, to be: (a) Informed, upon written request, of the status or disposition of a criminal proceeding at any stage of the proceeding; (b) Present at all public hearings involving the critical stages of a criminal proceeding; and ( c ) Heard at all proceedings for the sentencing or release of a convicted person after trial. 3. Except as otherwise provided in subsection 4, no person may maintain an action against the state or any public officer or employee for damages or injunctive, declaratory or other legal or equitable relief on behalf of a victim of a crime as a result of a violation of any statute enacted by the legislature pursuant to subsection 2. No such violation authorizes setting aside a conviction or sentence or continuing or postponing a criminal proceeding. 4. A person may maintain an action to compel a public officer or employee to carry out any duty required by the legislature pursuant to subsection 2.
New JerseyFamilies of Homicide VictimsGoals/Purpose: Provides support to families who have lost a loved one through homicide. Englewood, New Jersey Please contact the Self Help Clearinghouse at (201) 625-7101 for further details on this group.
Homicide Survivors
New Jersey Crime Victims Hotline
Parents of Murdered Children
Voices for Victims New Jersey does have a constitutional amendment that includes rights for crime victims. It was passed in 1991. This amendment reads as follows: A victim of a crime shall be treated with fairness, compassion and respect by the criminal justice system, shall not be denied the right to be present at public judicial proceedings except when properly sequestered in accordance with law or Court Rule prior to completing his or her testimony as a witness, and shall be entitled to those rights and remedies as may be provided by the Legislature. For the purposes of this paragraph, the phrase "victim of a crime" shall mean: a) a person who has suffered physical or psychological injury or has incurred loss of or damage to personal or real property as a result of a crime or an incident involving another person operating a motor vehicle while under the influence of drugs or alcohol, and b) the spouse, parent, legal guardian, grandparent,child or sibling of the decedent in the case of a criminal homicide.
New MexicoNew Mexico Crime Victims Hotline505-841-4694
New Mexico Survivors of Homicide New Mexico does have a constitutional amendment that includes rights for crime victims. It was passed in 1992. This amendment reads as follows: A. A victim of arson resulting in bodily injury, aggravated arson, aggravated assault, aggravated battery, dangerous use of explosives, negligent use of a deadly weapon, murder, voluntary manslaughter, involuntary manslaughter, kidnapping, criminal sexual penetration, criminal sexual contact of a minor, homicide by vehicle, great bodily injury by vehicle or abandonment or abuse of a child or that victim's representative shall have the following rights as provided by law: the right to be treated with fairness and respect for the victim's dignity and privacy throughout the criminal justice process; the right to timely disposition of the case; the right to be reasonably protected from the accused throughout the criminal justice process; the right to notification of court proceedings; the right to attend all public court proceedings the accused has the right to attend; the right to confer with the prosecution; the right to make a statement to the court at sentencing and at any post-sentencing hearings for the accused; the right to restitution from the person convicted of the criminal conduct that caused the victim's loss or injury; the right to information about the conviction, sentencing, imprisonment, escape or release of the accused; the right to have the prosecuting attorney notify the victim's employer, if requested by the victim, of the necessity of the victim's cooperation and testimony in a court proceeding that may necessitate the absence of the victim from work for good cause; and the right to promptly receive any property belonging to the victim that is being held for evidentiary purposes by a law enforcement agency or the prosecuting attorney, unless there are compelling evidentiary reasons for retention of the victim's property. B. A person accused or convicted of a crime against a victim shall have no standing to object to any failure by any person to comply with the provisions of Subsection A of Section 24 of Article 2 of the constitution of New Mexico. C. The provisions of this amendment shall not take effect until the legislature enacts laws to implement this amendment.
New YorkNew York Crime Victims Hotline518-473-9649 212-587-5160
Victim Information & Notification Everyday (VINE-NY)
Victim Services 24 Hour Crime Victims Hotline
Survivors of Homicide Unlike crime victims in thirty-one other states, crime victims in New York have no constitutional rights.
North CarolinaCitizens Against Violent CrimeP.O. Box. 10247 Charlotte, NC. 28212
Victim Assistance Victim Assistance counsels victims of crime and assists the victim and his or her family in working with the police, court and social service system. Assistance is provided at no cost to families and victims of such crimes as robbery, sexual assault, homicide, rape and domestic violence. North Carolina does have a constitutional amendment that includes rights for crime victims. It was passed in 1996. This amendment reads as follows: (1) Basic Rights. Victims of crime, as prescribed by law, shall be entitled to the following basic rights: (a) The right as prescribe by law to be informed of and to be present at court proceedings of the accused. (b) The right to be heard at sentencing of the accused in a manner prescribed by law, and at other times as prescribed by law or deemed appropriate by the court. (c) The right as prescribed by law to receive restitution. (d) The right as prescribed by law to be given information about the crime, how the criminal justice system works, the rights of victims, and the availability of services for victims. (e) The right as prescribed by law to receive information about the conviction or final disposition and sentence of the accused. (f) The right as prescribed by law to receive notification of escape, release, proposed parole or pardon of the accused, or notice of a reprieve or commutation of the accused's sentence. (g) The right as prescribed by law to present their views and concerns to the Governor or agency considering any action that could result in the release of the accused, prior to such action becoming effective. (h) The right as prescribed by law to confer with the prosecution. (2) No money damages; other enforcement. Nothing in this section shall be construed as creating a claim of money damages against the State, a county, a municipality, or any of the agencies, instrumentalities, or employees thereof. The General Assembly may provide for other remedies to ensure adequate enforcement of this section. (3) No ground for relief in criminal case. The failure of inability of any person to provide a right or service provided under this section may not be used by a defendant in a criminal case, an inmate, or any other accused as a ground for relief in any trial, appeal, post-conviction litigation, habeas corpus, civil action, or any similar criminal or civil proceeding.
North DakotaNorth Dakota Crime Victims Hotline701-224-4151 Unlike crime victims in thirty-one other states, crime victims in North Dakota have no constitutional rights. As of April, 2000, the National Center for Victims of Crime has not received any information regarding the introduction of a victims' rights constitutional amendment in the North Dakota legislature.
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