What rights do victims have in your state


Assignment task: This Discussion arises from your Week 2 readings, and moves beyond them. Outside research to address these issues is required. Use the online library for additional sources of information and research.  In addition, I recommend utilizing the Legal Studies Program Guide.

Now that you have an appreciation of some of the ways that crime affects victims, please consider the kinds of victims' rights available in your state as well as federal protections for victims.

1) What rights do victims have in your state, under both state and federal law?  Legally, are they all truly rights, or are some (or all) of them privileges?  (What is the difference?) (State of Louisiana.)

2) What is the origin of these rights and/or privileges (e.g., state or federal constitutions, statutes, case law, etc.)?  What, if anything, do their origins tell you about their relative legal significance?  For example, if a right is protected by federal statute and by state constitution, what might this mean, legally?  Trace the source's history (e.g., legislative history of a statute or factual / procedural history of a case) to help you make your assessment. (State of Louisiana.)

3) What changes, if any, do you think should be made to the rights victims have in your state?  For example, is victim compensation adequate?  Why or why not?  If you were a victim advocate in your state, what other rights would you want to see added for victims? (State of Louisiana.)

4) Do you think the confidentiality laws are adequate for victims in your state?  Why or why not?  If you think that change is needed, how would you like to see them changed? (State of Louisiana.)

5) Did you learn any new terminology as you explored this week's topic?  If so, what?  Did that terminology change as time went by, or has it remained the same?  Either way, can you glean information from that (change, or lack thereof) about victim advocacy [within the context of that term(s)] in your state? (State of Louisiana.)

6) Now, choose a real crime to analyze in which a victim was impacted.  Apply what you have learned to that case.  Did the victim receive all of the available rights or privileges to which he/she was entitled?  Why or why not? (State of Louisiana.)

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