The Federal Victim and Witness Protection Act of 1982
In 1982 Congress enacted the Federal Victim and Witness Protection Act, a bill designed to protect and assist victims and witnesses of federal crimes. The law permits victim-impact statements in sentencing hearings to provide judges with information concerning financial, psychological, or physical harm suffered by victims. The law also provides for restitution for victims and prevents victims and/or witnesses from being intimidated by threatening verbal harassment. The law establishes penalties for acts of retaliation by defendants against those who testify against them.
Victims who provide addresses and telephone numbers are to be notified of major events in the criminal proceedings, including the arrest of the accused, the times of any court appearances at which the victim may appear, the release or detention of the accused, and the victim's opportunities to address the sentencing court. The guidelines also recommend that federal officials consult victims and witnesses to obtain their views on such procedures as proposed dismissals and plea negotiations. Officials must not disclose the names and addresses of victims and witnesses.
Federal Victims of Crime Act (VOCA)
In 1984 Congress passed the Federal Victims of Crime Act (VOCA, PL 98-473), which committed the federal government to promote state and local victim support and compensation programs. The act established the Crime Victims Fund (see above). Two significant changes were made in the VOCA in 1988. To be eligible for federal funds, the 1998 amendments required that state programs must also include compensation for survivors of victims of drunk driving and domestic violence. These two groups had previously been excluded from compensation.
The Comprehensive Crime Control Act of 1990
In 1990 President George Bush signed the Comprehensive Crime Control Act (PL 101-647) that covered many aspects of crime control, including protection for victims of child abuse, penalties for Savings and Loan fraud, and mandatory death penalties. Included in the law is the Victims' Rights and Restitution Act of 1990, which secures victims of federal crimes the right to be treated with fairness and respect, reasonably protected from the accused, notified of court proceedings, afforded an opportunity to meet with a federal prosecutor, and provided with restitution. The act also bars criminals and convicted drunken drivers from declaring bankruptcy to avoid paying restitution.
The Compensation and Assistance to Victims of Terrorism or Mass Violence Act (1996)
In spring of 1996 Congress amended the VOCA (Justice for Victims of Terrorism Act of 1996, PL 104-132). The act authorized compensation for citizens victimized by terrorist acts, both at home and abroad. The law allows the director of the Victims Crime Fund (see above) to make supplemental grants to states to assist residents who are victims of terrorism.
After the terrorist attacks on the United States of September 11, 2001, the October 2001 USA Patriot Act authorized the transfer of emergency supplemental appropriation funding into the Emergency Reserve account to assist victims of the attacks. On April 22, 2002, the OVC announced that it had awarded $40 million to offer mental health counseling for victims of the September 11 attacks, their families, and crisis responders who helped victims of the attacks. The grants included funds to compensate victims for counseling services and to support state and local programs that offer various forms of counseling.
The Air Transportation Safety and System Stabilization Act
On September 22, 2001, the 107th Congress enacted Public Law 107-42, "The Air Transportation Safety and System Stabilization Act." In addition to requiring the federal government to compensate the air carriers for losses incurred as a result of the September 11th attacks, the Act established the "September 11th Victim Compensation Fund of 2001." The fund provides compensation to victims of the attacks who elect not to join in litigation (lawsuits) seeking additional money. The fund compensates any individual who was physically injured, or the families and beneficiaries of victims killed, as a result of the terrorist-related aircraft crashes of September 11th, 2001. The amount of non-economic loss compensation includes a $250,000 non-economic award for each deceased victim as well as $100,000 for the spouse and each dependent of a deceased victim. Although life insurance pay-outs, pensions and retirement accounts may be deducted from the final amount, the Department of Justice stated that it would be very rare that a claimant would receive less than $250,000.
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