Right to be Heard
When crime victims have a right to be heard, this means the victim is entitled to speak directly to the court, orally or in writing, during a particular proceeding. This right is most commonly conferred for proceedings related to a defendant’s pre-trial release, regarding a plea agreement, at a sentencing hearing, and/or at a parole proceeding considering the offender’s release. Depending on the jurisdiction, victims may need to take some particular action to initiate this right.
This right to be heard, like other crime victims’ rights, does not make victims a party to the case. It merely entitles victims to provide a personal account of the crime’s impact and/or state their concerns about the potential outcome of the proceeding in order to assist the judge in making a decision. Module 8 will explore some specific instances in which the victim may have the ability to enter the criminal case as a party.
Consult your agency’s state-specific supplemental guide regarding a victim’s right to be heard in your jurisdiction.