Crime victim laws sometimes ignored.

Despite the explosion of state laws promising crime victims they will be told of offenders' arrests, trials, and parole dates, many are not getting the message, according to victims' rights advocates.

The National Center for Victims of Crime (NCVC) in Arlington, Virginia, released the results of a study it conducted to determine the effectiveness of state constitutional amendments and other laws designed to protect victims. The center concluded that despite the prevalence of state and local laws throughout the country, more and better work needs to be done on behalf of victims.

The NCVC said it surveyed victims in two states in which victims' rights laws are considered strong and in two states where protection is considered weak. The center sought to find out whether victims from the "strong-protection states" had better experiences with the justice system.

"Overall the research revealed that strong legal protection makes a difference, but [the research] also revealed that even in states where legal protection is strong, some victims are not afforded their rights," the study said, adding that lack of awareness, funding, and enforcement hampers the "actual delivery of victims' rights."

Some survey findings:

* Far more victims in strong-protection states than in weak-protection states were notified of the defendant's pretrial release, but more than 60 percent of victims in those strong-protection states did not receive notice.

* Nearly twice as many victims in strong-protection states were notified of the sentencing hearing date, yet more than 40 percent of victims in those states were not notified.

* Almost 75 percent of victims in strong-protection states were told about available victim services, while less than 50 percent in weak-protection states received this information.

* Almost 40 percent of victims in the strong-protection states were not told they could make an impact statement at the offender's parole hearing. The study said the number of victims who were notified in weak-protection states was smaller, but it did not give detailed figures.

* Most victims in both strong- and weak-protection states who were notified of offenders' sentencing hearings and their right to participate actually attended the hearings (72 percent of those notified) and made impact statements (93 percent of those who attended).

* Relatively few victims in either group exercised their right to make recommendations at bond hearings or to attend parole hearings, even when they were aware of their rights and of the proceedings.

* Thirty-nine percent of local criminal justice officials in the strong-protection states knew that their state had a constitutional amendment enumerating victims' rights.

* State leaders--such as governors, attorneys general, heads of state criminal justice agencies, and heads of state crime victims' organizations--"generally were aware of the status of victims' rights and the challenges of implementing them."

* Even where legal protection was strong, a majority of state leaders indicated they were aware of problems victims are experiencing in obtaining benefits and services. The problems most frequently cited had to do with victim notification.

* Fifty-five percent of local officials in strong-protection states and 34 percent in weak-protection states viewed funding for victim services as adequate; 39 percent in the strong-protection states and 27 percent in the weak-protection states viewed funding for implementation of victims' rights laws as adequate.

Improvements

To improve the treatment of crime victims in their criminal justice systems, leaders in weak-protection states most frequently named the "establishment, enhancement, and/or enforcement of victims' rights laws as their top priority." Increased funding was a secondary priority, the study showed.

"Among leaders in the strong-protection states, the largest percentage of responses [regarding priorities] dealt with issues of ireased funding and resources for victim-related services and programs, followed by the need for better education of criminal justice officials regarding victims' rights," the study said.

To receive a copy of the study, The Rights of Crime Victims--Does Legal Protection Make a Difference?, contact the National Criminal Justice Reference Service at [phone] and ask for document NCJ-173839. A summary of the study is available online at http://www.ncvc.org.