“reasonable protection.” (42 U.S.C. § 10607(c)(2); 18 U.S.C. § 3771(a)
C. Right to Reasonable Protection
A crime victim has the right to be reasonably protected from the accused. (18 U.S.C. §
3771(a)(1)).
Both the CVRA and the VRRA use the concept of “reasonable protection.” (42 U.S.C. §
10607(c)(2); 18 U.S.C. § 3771(a)(1)). Accordingly, responsible officials shall take reasonable measures to address victims’ legitimate security concerns. Determining the nature
and scope of such measures requires an evaluation of the threat level and identification of
reasonable options to address that threat within available resources. As with other rights
and services, victims may choose to accept or decline any option or options offered by the
Department. (See Article II.B.). Neither statute requires the Department to provide victims
with, for example, bodyguards to ensure their physical security.
The responsibility of arranging reasonable victim protection remains with the responsible
official of the investigative agency throughout the criminal justice process. All Department
personnel, however, should consider victims’ security concerns at every point in the criminal
justice system, and consult and coordinate with the responsible official of the investigative
agency concerning victim safety. Any concerns about victim safety and reports of threats
should immediately be reported to the lead case agent.
Department personnel should use their discretion and sound judgment when discussing
possible threats and security measures with victims. Trained personnel should make victims
aware of the resources that may be available to promote their safety.
Responsible officials from the investigation, prosecution, and corrections components, as
well as the Parole Commission, are encouraged to work together to meet the safety concerns
of victims. U.S. Attorneys are encouraged and expected to work with designated responsible
officials from investigative agencies to develop collaborative procedures to meet the safety
concerns of victims in their districts.
D. Right to Reasonable, Accurate, and Timely Notice
A crime victim has the right to reasonable, accurate, and timely notice of any actions
The VRO may recommend
disciplinary sanctions for Department employees who “wantonly or willfully” fail to provide those rights. (28 C.F.R. § 45.10(e)).
C. Right to Reasonable Protection
A crime victim has the right to be reasonably protected from the accused. (18 U.S.C. §
3771(a)(1)).
Both the CVRA and the VRRA use the concept of “reasonable protection.” (42 U.S.C. §
10607(c)(2); 18 U.S.C. § 3771(a)(1))
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