James H. Stark - The rights of crime victims

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Page i James H. Stark is a graduate of the New York University School of Law, where he was an Arthur Garfield Hays Civil Liberties Fellow and a member of the law review. He is presently practicing law in New York City. Howard W. Goldstein, who is a partner in the New York City law firm of Mudge, Rose, Guthrie, Alexander and Ferdon, is a former chief appellate attorney in the office of the United States attorney for the Southern District of New York, Criminal Division. He is a graduate of New York University Law School, where he was also an Arthur Garfield Hays Civil Liberties Fellow and an editor of the law review.

Page ii Other Banatam Books in the series Ask your bookseller for the books you have missed. THE RIGHTS OF AUTHORS AND ARTISTS by Kenneth P. Norwick, Jerry Simon Chase, and Henry R. Kaufman THE RIGHTS OF CRIME VICTIMS by James H. Stark and Howard W. Goldstein THE RIGHTS OF EMPLOYEES by Wayne N. Outten with Noah A. Kinigstein THE RIGHTS OF GAY PEOPLE by Thomas B. Stoddard, E. Carrington Boggan, Marilyn G. Haft, Charles Lister, and John P. Rupp THE RIGHTS OF PRISONERS by David Rudovsky, Al Bronstein, and Edward I. Koren THE RIGHTS OF SINGLE PEOPLE by Mitchell Bernard, Ellen Levine, Stefan Presser, and Marianne Stecich THE RIGHTS OF TEACHERS by David Rubin with Steven Greenhouse THE RIGHTS OF THE CRITICALLY ILL by John A. Robertson THE RIGHTS OF WOMEN by Susan Deller Ross and Ann Barcher THE RIGHTS OF YOUNG PEOPLE by Martin Guggenheim and Alan Sussman YOUR RIGHT TO GOVERNMENT INFORMATION by Christine M. Marwick THE RIGHTS OF INDIANS AND TRIBES by Stephen L. Pevar

Page iii AN AMERICAN CIVIL LIBERTIES UNION HANDBOOK The Rights Of Crime Victims James H. Stark and Howard W. Goldstein General Editor of this series: Norman Dorsen, President ACLU BANTAM BOOKS TORONTO NEW YORK LONDON SYDNEY AUCKLAND

Page iv THE RIGHTS OF CRIME VICTIMS A Bantam Book / published by arrangement with The American Civil Liberties Union Bantam edition / April 1985 All rights reserved. Copyright 1985 by the American Civil Liberties Union. Cover copyright 1985 by Bantam Books, Inc. This book may not be reproduced in whole or in part, by mimeograph or any other means, without permission. For information address: Bantam Books, Inc. ISBN 0-553-24817-0 Published simultaneously in the United States and Canada Bantam Books are published by Bantam Books, Inc. Its trademark, consisting of the words "Bantam Books" and the portrayal of a rooster, is Registered in U.S. Patent and Trademark Office and in other countries. Marca Registrada. Bantam Books, Inc., 666 Fifth Avenue, New York, New York 10103. PRINTED IN THE UNITED STATES OF AMERICA O 0 9 8 7 6 5 4 3 2 1

Page v Contents Preface vii Introduction 1 I. Victims and Their Rights 11 II. The Right to Participate in the Criminal Justice System 19 III. The Right to Compensation 102 IV. The Right to Restitution 148 V. The Right to Bring Civil Actions for Damages Against the Criminal and Third Parties 188 VI. The Right to Share in the Profits from the Criminal's Depictions of the Crime 265 VII. The Right to Be Free of Victim or Witness Intimidation 281 VIII. The Right to Resolve Disputes Outside the Traditional Justice System 301 IX. The Rights of Elderly Crime Victims 320 X. The Rights of Domestic Violence Victims 335 XI. The Rights of Rape Victims 384 Appendix A. State-by-State Analysis of Victim Compensation Laws 399 Appendix B. Crime Victims' Compensation Programs 405 Appendix C. Suggestions for Retaining an Attorney 410 Appendix D. Dispute Resolution Programs 412 Appendix E. State Domestic Violence Laws

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