Answer to Question 1
Answer: Some states have built the philosophy of victims' rights into statutes which call for specific rights of protection, notice, and reparation to victims. Some states have even ratified constitutional amendments to protect the rights of victims. Review California Constitution and statutes. These laws were designed to prevent a convicted offender from capitalizing on his/her crime through various media deals. The first state legislation, from which the Son of Sam laws were first enacted, came from New York. Today, they exist in numerous states as well as in federal statutes. In most states, the victim must obtain a civil judgment for eligibility to file a claim. In other states, claim applications are made through the state's victim compensation program. Victim impact statements may take the form of written documents made a part of the probation department's pre-sentence report furnished to the court. These statements allow a victim or the family of a victim to describe their loss, suffering, and trauma experienced from the crime. Many jurisdictions also allow for oral allocution, that is, the right to make a statement in open court prior to the court imposing sentence. The impact of these on courts, however, is questionable. Discuss the constitutional implications such impact evidence may have in the context of a capital murder offense, Payne v. Tennessee. (Notice how the court's recitation of the facts almost telegraphs the court's holding.)Although generally acceptable, there are due-process limits to the admission of victim impact evidence. Victim evidence that is unnecessarily duplicative or prejudicial may be excluded by trial courts. Trial judges must make the decision of allowing victim impact evidence after considering the relative value-added status of the victims.
Answer to Question 2
Answer: The following must be in the answer:
a. The Violence against Women Act, which provides financial support for police, prosecutors, and victims services in cases involving sexual violence or domestic abuse
b. The right of allocution provision, permitting victims of federal violent and sex crimes to speak at the sentencing of their assailants
c. A requirement that federal sex offenders and child molesters pay restitution to their victims
d. Increased penalties for frauds perpetrated against older victims
e. Additional money for the federal Crime Victims Fund and the victim-support programs it funds.
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