Victim Advocacy Program of the U.S. Navy
Between 1982 and 1990, the United States Congress enacted a series of laws designed to inform victims and witnesses of crime of their rights and positions in the criminal justice system. The last of the series, the Victims' Rights and Restitution Act of 1990, imposed a duty on departments and agencies of the United States engaged in detecting, investigating, or prosecuting crimes, and incarcerating those convicted, to see that victims are accorded specific rights and certain services. Congress via the President directed the Department of the Navy (DON) meet mandatory requirements in relation to the rights of victims and witness within the military justice system. Today, the U.S. Navy is a benchmark organization in regards to the rights of victims and witnesses. The provisions described in this essay are not limited to offenses prosecuted at courts-martial (equivalent to a felony offense and trial). Crime victims and witnesses do not forfeit their status when offenses are referred for non-judicial punishment or administrative separation processing (minor offenses). In overseas locations, these terms are limited to victims and witnesses who are military members (and their families), Department of Defense civilian employees, a
Although the Navy does not explicitly provide for victim restitution and assistance for victims and witnesses, victim advocates must advise victims of their right to apply for compensation from state compensation programs in accordance with the Victims' Rights and Restitution Act of 1990. Law enforcement investigators, and criminal investigators shall inform all victims and witnesses, as appropriate, of: The status of the investigation of the crime, to the extent providing such information does not interfere with the investigation. To conclude my discussion on the rights of victims and witnesses within the DON, I will discuss one victim right the Navy has their hands tied on. However, if a state is trying a military member for a sexual assault under their jurisdiction, than that state my require an HIV test conducted by one of their agencies. Additionally during any court proceedings within the DON, convening authorities should provide a private, waiting area out of the sight and hearing of the accused and defense witnesses. The transfer of the inmate from one facility to another. The escape (and subsequent return to custody), work release, furlough, or any other form of release from custody of the inmate. After court proceedings, the government must: Take appropriate action to ensure that property of a victim or witness held as evidence is safeguarded and returned as expeditiously as possible. Notification of the scheduling, including changes and delays, of each court proceeding the victim is entitled to or required to attend. The Navy maximizes the privacy of sexual assault victim information, including information obtained by professional counselors, by requiring it be carefully safeguarded with access limited to authorized personnel with a "need to know" basis. Victims of sexual assault often feel victimized by the criminal justice system when questioned about their conduct or inaction (sexual or not) before and during a sexual assault. Following a determination by the military judge that remote live testimony of a child is appropriately pursuant. Consultation concerning a decision to dismiss the charges, or to enter into a pretrial agreement. Courts-martial evidence laws protect rape victims against courtroom attacks on their reputations and revelation of irrelevant details of their sex lives. In the case of proceedings conducted aboard ship or in a deployed environment, provide the private waiting area to the greatest extent practicable.
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Acceptance Essays
