Isabella Carter
South Carolina has a Victim's Bill of Rights, which was added to the State Constitution in 1996 after more than 80% of voting citizens elected to include it. This bill provides victims of crime with various rights, including the right to be treated with fairness, respect, and dignity, to be informed of criminal proceedings, to be heard at trials and court proceedings, and to be protected from the accused. These rights are designed to preserve and protect victims' rights to justice and due process, regardless of race, sex, age, religion, or economic status. The bill also allows for the amendment or repeal of rules governing criminal procedure and the admissibility of evidence to ensure the protection of victims' rights.
| Characteristics | Values |
|---|---|
| Year of Amendment | 1996 |
| Voting Percentage | 80% |
| Article | I |
| Section | 24 |
| Definition of Victim | A person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime. The term also includes the person's spouse, parent, child, or lawful representative. |
| Rights | To be treated with fairness, respect, and dignity; to be reasonably informed of criminal proceedings and to be present at them; to be heard at all trials and court proceedings; to confer with the prosecution; to be protected from the accused. |
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What You'll Learn
Victims' rights to justice and due process
In 1996, over 80% of South Carolina voting citizens elected to add the Victims' Bill of Rights to the State Constitution. This bill was added to preserve and protect victims' rights to justice and due process, regardless of race, sex, age, religion, or economic status.
The Victims' Bill of Rights grants victims of crime the following rights:
- To be treated with fairness, respect, and dignity and to be free from intimidation, harassment, or abuse throughout the criminal and juvenile justice process.
- To be reasonably informed when the accused or convicted person is arrested, released from custody, or has escaped.
- To be informed of and present at any criminal proceedings which are dispositive of the charges where the defendant has the right to be present.
- To be reasonably informed and allowed to submit either a written or oral statement at all hearings affecting bond or bail.
- To be heard at any proceeding involving a post-arrest release decision, a plea, or sentencing.
- To be reasonably protected from the accused or persons acting on their behalf throughout the criminal justice process.
- To confer with the prosecution, after the crime against the victim has been charged, before the trial or before any disposition, and to be informed of the disposition.
The Victims' Bill of Rights also includes the right to have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights. These rules are subject to amendment or repeal by the legislature to ensure the protection of victims' rights.
Furthermore, the term "victim" is defined broadly in the Victims' Bill of Rights to include not only the direct victim of a crime but also their spouse, parent, child, or lawful representative if the victim is deceased, a minor, incompetent, or physically or psychologically incapacitated.
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Fairness, respect, and freedom from intimidation
In 1996, South Carolina's voting citizens elected to add a Victims' Bill of Rights to the State Constitution. This bill ensures that victims are treated with fairness, respect, and dignity and are free from intimidation, harassment, or abuse throughout the criminal and juvenile justice process. Victims are also to be informed of their constitutional rights.
The Victims' Bill of Rights guarantees that victims be reasonably informed when the accused or convicted person is arrested, released from custody, or has escaped. They also have the right to be present at and informed of all criminal proceedings where the defendant has the right to be present. This includes the right to submit either a written or oral statement at all hearings affecting bond or bail.
Victims are also guaranteed the right to be heard at all trials and court proceedings where the accused has the right to be heard. This includes proceedings involving a post-arrest release decision, a plea, or sentencing. Victims are also allowed to confer with the prosecution regarding plea negotiations and before the trial.
The Victims' Bill of Rights also provides for the protection of victims' rights in criminal procedure and the admissibility of evidence in all criminal proceedings. These rules are subject to amendment or repeal by the legislature to ensure the protection of victims' rights. The bill also grants the authority to the General Assembly to enact substantive and procedural laws to define, implement, preserve, and protect the rights guaranteed to victims.
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Information on arrest, release, or escape
In 1996, South Carolina added the Victims' Bill of Rights to the State Constitution, which provides victims of crime with certain rights. This includes the right to be reasonably informed when the accused or convicted person is arrested, released from custody, or has escaped.
Information on Arrest
The Fourth Amendment protects all people from "unreasonable searches and seizures." This means that police officers must have "reasonable suspicion" to conduct a stop and probable cause to make an arrest. They must also obtain a warrant before conducting a search or seizure, unless the circumstances justify acting without one.
Information on Release
The Victims' Bill of Rights states that victims have the right to be reasonably informed when the accused or convicted person is released from custody. This includes the right to be notified prior to the defendant's release from a court-ordered or mandatory mental evaluation in an inpatient facility, unless the defendant is released to a law enforcement agency.
Information on Escape
The Victims' Bill of Rights also states that victims have the right to be reasonably informed if the accused or convicted person has escaped. In cases of criminal domestic violence, stalking and harassment, and physical assault, the appropriate agency or diversion program must attempt to make personal contact with the victim or the victim's guardian upon the escape of the offender.
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Presence at criminal proceedings
In 1996, over 80% of South Carolina voting citizens elected to add the Victims' Bill of Rights to the State Constitution. This bill of rights provides victims of crime with certain entitlements throughout the criminal justice process, including the right to be present at criminal proceedings.
The Victims' Bill of Rights states that victims have the right "to be informed of and present at any criminal proceedings which are dispositive of the charges where the defendant has the right to be present". This means that victims can attend criminal proceedings that are relevant to the charges against the defendant, and it also applies to guilty pleas and trials.
The right to be present at criminal proceedings is not absolute, however. For example, during the Investigation Stage of the criminal process, victims do not have an automatic right to be present. This stage involves law enforcement gathering information, interviewing parties, and collecting evidence, and it is generally closed to all except those directly involved in the investigation.
Furthermore, while victims have the right to attend preliminary hearings, they cannot attend Grand Jury proceedings, which are only open to members of the Grand Jury and the presenting law enforcement officer or solicitor.
Overall, the Victims' Bill of Rights in South Carolina provides important protections for victims of crime, including the right to be present at key criminal proceedings, thus ensuring their involvement and input in the criminal justice process.
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Submission of statements at hearings
In 1996, South Carolina's State Constitution was amended to include the Victims' Bill of Rights, which outlines provisions to protect victims' rights to justice and due process. This includes the right to submit either a written or oral statement at all hearings affecting bond or bail.
The Victims' Bill of Rights ensures that victims of crime have the right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse throughout the criminal and juvenile justice process. Victims also have the right to be reasonably informed when the accused or convicted person is arrested, released from custody, or has escaped.
The submission of statements at hearings is a crucial aspect of upholding victims' rights. Victims are entitled to be reasonably informed of and allowed to submit their statements at hearings affecting bond or bail. This provision ensures that victims have a voice and can provide input on matters related to the accused's release or detention.
Victims' statements can be submitted in writing or orally, depending on their preference and what they feel most comfortable with. These statements carry significant weight in the decision-making process regarding bail or bond conditions. The statements allow victims to express their concerns, fears, and any other relevant information that the court should consider when determining whether to release the accused or set bail.
Additionally, victims have the right to be heard at any proceeding involving a post-arrest release decision, a plea, or sentencing. This provision ensures that victims can actively participate in the legal process and provide input on critical matters. It allows them to address the court directly and share their perspectives, ensuring that their voices are not overlooked.
The Victims' Bill of Rights also grants victims the opportunity to confer with the prosecution regarding plea negotiations. This right empowers victims to have a say in the direction of the case and collaborate with the prosecution in seeking justice. By affording victims these rights, South Carolina's constitutional amendments provide a comprehensive framework for upholding victims' rights and ensuring their active involvement in the justice process.
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Frequently asked questions
Yes, in 1996, South Carolina added the Victims' Bill of Rights to the State Constitution.
Victims of crime have the right to be treated with fairness, respect, and dignity, to be informed when the accused is arrested or released, and to be reasonably protected from the accused throughout the criminal justice process.
A "victim" is a person who suffers direct or threatened physical, psychological, or financial harm as a result of a crime. The term also includes the person's spouse, parent, child, or lawful representative if the victim is deceased, a minor, incompetent, or incapacitated.
