Crime Victims' Rights
Rights of Crime Survivors
| Fairness, Compassion Respect | A victim of a crime shall be treated with fairness, compassion and respect by the criminal justice system. |
| Right to be Present | A victim of a crime shall not be denied the right to be present at public judicial proceedings except when, prior to completing testimony as a witness, the victim is properly sequestered in accordance with law or the Rules Governing the Courts of the State of New Jersey. |
| Protection of victims' rights legislation | A victim of a crime shall be entitled to those rights and remedies as may be provided by the Legislature. |
Rights of Crime Victims and Witnesses (N.J.S.A. § 52:4B-36)
The legislature finds and declares that crime victims and witnesses are entitled to the following rights:
Rights of the Survivors of Homicide (N.J.S.A. § 52:4B-36-1)
a. A victim's survivor may, at the time of making the in-person statement to the sentencing court authorized by subsection n. of section 3 of P.L.1985, c. 249 (N.J.S.A. § 52:4B-36), display directly to the sentencing court a photograph of the victim taken before the homicide including, but not limited to, a still photograph, a computer-generated presentation, or a video presentation of the victim. The time, length and content of such presentation shall be within the sound discretion of the sentencing judge; and
b. A victim's survivor may, during any judicial proceeding involving the defendant, wear a button not exceeding four inches in diameter that contains a picture of the victim, if the court determines that the wearing of such button will not deprive the defendant of his right to a fair trial under the Sixth Amendment of the United States Constitution and Article I of the New Jersey Constitution. Other spectators at such judicial proceedings may also wear similar buttons if the court so determines. If the victim’s survivor seeks to wear the button at trial, the victim’s survivor shall give notice to the defendant and to the court no less than 30 days prior to the final trial date.
The legislature finds and declares that crime victims and witnesses are entitled to the following rights:
- To be treated with dignity and compassion by the criminal justice system
- To be informed about the criminal justice process
- To be free from intimidation
- To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible
- To make at least one phone call provided the call is reasonable in both length and location called
- To medical assistance if, in the judgment of the law enforcement agency; medical assistance appears necessary
- To be notified if presence in court is not needed
- To be informed about available remedies, financial assistance and social services
- To be compensated for their loss whenever possible
- To be provided a secure, but not necessarily separate, waiting area during court proceedings
- To be advised of case progress and final disposition
- To the prompt return of property when no longer needed as evidence
- To submit a written statement, within a reasonable amount of time, about the impact of the crime to a representative of the prosecuting agency which shall be considered prior to the prosecutor's final decision concerning whether formal criminal charges will be filed, whether the prosecutor will consent to a request by the defendant to enter into a pre-trial program, and whether the prosecutor will make or agree to a negotiated plea
- To make, prior to sentencing, an in-person statement directly to the sentencing Court concerning the impact of the crime. This statement is to be made in addition to the statement permitted for inclusion in the presentence report
- To have the opportunity to consult with the prosecuting authority prior to the conclusion of any plea negotiations, and to have the prosecutor advise the court of the consultation and the victim’s position regarding the plea agreement, provided however that nothing herein shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate
- To be present at any judicial proceeding involving a crime or any juvenile proceeding involving a criminal offense, except as otherwise provided by Article I, paragraph 22 of the NJ Constitution
- To be notified of any release or escape of the defendant
- To appear in any court before which a proceeding implicating the rights of the victim is being held, with standing to file a motion or present argument on a motion filed to enforce any right conferred herein or by Article I, paragraph 22 of the New Jersey Constitution, and to receive an adjudicative decision by the court on any such motion.
Rights of the Survivors of Homicide (N.J.S.A. § 52:4B-36-1)
a. A victim's survivor may, at the time of making the in-person statement to the sentencing court authorized by subsection n. of section 3 of P.L.1985, c. 249 (N.J.S.A. § 52:4B-36), display directly to the sentencing court a photograph of the victim taken before the homicide including, but not limited to, a still photograph, a computer-generated presentation, or a video presentation of the victim. The time, length and content of such presentation shall be within the sound discretion of the sentencing judge; and
b. A victim's survivor may, during any judicial proceeding involving the defendant, wear a button not exceeding four inches in diameter that contains a picture of the victim, if the court determines that the wearing of such button will not deprive the defendant of his right to a fair trial under the Sixth Amendment of the United States Constitution and Article I of the New Jersey Constitution. Other spectators at such judicial proceedings may also wear similar buttons if the court so determines. If the victim’s survivor seeks to wear the button at trial, the victim’s survivor shall give notice to the defendant and to the court no less than 30 days prior to the final trial date.
Victims of Drunk Drivers are entitled to:
- To make statements to law enforcement officers regarding the facts of the motor vehicle collision and to reasonable use of a telephone
- To receive medical assistance for injuries resulting from the accident
- To contact the investigating officer and see copies of the incident reports and, in case of a surviving spouse, child or next of kin, the autopsy reports.