Chapter III: Pretrial Issues, Adjudication and Sentencing

Policy Statement 8: Consultation with Victim

Educate individuals who have been victimized by a defendant with a mental illness, or their survivors, about mental illness and how the criminal justice system deals with defendants with mental illness.

Victims in most jurisdictions have constitutional or statutorily defined rights.  Generally, these involve the right to be informed of key events in the processing of the case, including charging decisions, plea agreements, and release decisions.. [1]      

Prosecutors or their agents have traditionally played a key role in the provision of victim support services, including explaining the often complex court processes to the victims of crime.  This provision of support - explanations and education - begins as the charges are reviewed and filed, and goes on throughout the court process.  It is important to stress that the victim of a crime committed by a person with a mental illness has no more rights than any other victim in a similar situation, but may have more needs.  When the mental health status of the accused is relevant to the processing of the criminal case, the pain of the victim can be exacerbated by the even more confusing jargon, procedures, decisions, and even dispositions that might arise in the prosecution of that person. 

It must be kept in mind that most crimes committed by people with mental illness are minor, and may involve no victim.  Victims' issues, in general, are most relevant where the crime is a serious one, involving harm or risk of harm to the victim.  The recommendation that follows is meant to address these types of crimes.

Recommendations:

a.
Assure that victim assistance offices have the expertise to meet the special needs of  people who have been victimized by someone with a severe mental illness.
  1. See www.ncvc.org for more on statutes concerning victims rights.

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