The right to be informed refers to a crime victim’s right to receive information regarding the criminal justice process and the status of the case related to their victimization. Where this right exists, victims should periodically be informed of the development of the case throughout the duration of the case. Some states’ crime victim rights laws also require that victims be provided with information about victim services, which could be information about the state’s crime victims’ compensation board, crisis services, social services, etc. This is another right that may require the victim to take affirmative steps to initiate.

The right to be present means that the victim has a right to be physically present during proceedings related to the case. Obviously, in order to attend one must have sufficient notice that the proceedings will take place. Which stages of a case and which proceedings the victim has a right to be present at varies among jurisdictions. For example, Colorado has a state constitutional amendment that grants crime victims the right to be present at all “critical stages.” The implementing statute which defines “critical stages” enumerates 25 stages/proceedings, ranging from the prosecutor’s filing of charges or decision not to file charges all the way through post-conviction proceedings. Colorado’s law also provides an example of rights that must be initiated by the victim. For any “critical stage” included in the Colorado statute that occurs after the defendant’s sentencing (such as parole hearings), the victim must request notification in writing in order to receive continued notice.¹

Generally, the requirement of keeping the victim informed throughout the process will fall to the prosecutor’s office as the prosecutor is the party that has both the necessary current information related to the case and contact with the crime victim.