Virginia Constitution Article I § 8-A – Rights of victims of crime
Terms Used In Virginia Constitution Article I § 8-A - Rights of victims of crime
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- That in criminal prosecutions, the victim shall be accorded fairness, dignity and respect by the officers, employees and agents of the Commonwealth and its political subdivisions and officers of the courts and, as the General Assembly may define and provide by law, may be accorded rights to reasonable and appropriate notice, information, restitution, protection, and access to a meaningful role in the criminal justice process. These rights may include, but not be limited to, the following:
- 1. The right to protection from further harm or reprisal through the imposition of appropriate bail and conditions of release;
- 2. The right to be treated with respect, dignity and fairness at all stages of the criminal justice system;
- 3. The right to address the circuit court at the time sentence is imposed;
- 4. The right to receive timely notification of judicial proceedings;
- 5. The right to restitution;
- 6. The right to be advised of release from custody or escape of the offender, whether before or after disposition; and
- 7. The right to confer with the prosecution.
This section does not confer upon any person a right to appeal or modify any decision in a criminal proceeding, does not abridge any other right guaranteed by the Constitution of the United States or this Constitution, and does not create any cause of action for compensation or damages against the Commonwealth or any of its political subdivisions, any officer, employee or agent of the Commonwealth or any of its political subdivisions, or any officer of the court.
The amendment ratified November 5, 1996 and effective January 1, 1997—Added a new section (8-A).