WTC Records Folder 0128 Disaster Information General label, 2001

NYC 9/11 Public Portal Document Responding to Terrorism Victims - Oklahoma City and Beyond Page 2 of 3

Victims' Rights During the Criminal Justice Process

Under federal law, U.S. Government agencies involved in investigating and prosecuting crime have certain responsibilities to crime victims. In addition, since 1983, the U.S. Department of Justice has maintained policy guidelines called the Attorney General Guidelinesfor Victim and Witness Assistance, which establish how the Department expects its employees to treat crime victims and witnesses. During the investigation and prosecution of the Oklahoma City bombing case, the FBI and the United States Attorney's Office operated under the guidance of the 1995 edition of the AG Guidelines, which contains a "best efforts" standard. Under that standard, the government agencies were required to use their best efforts to see that victims were accorded statutory rights and services. The rights and services included identifying the victims; providing them with referral information for medical, psychological counseling, compensation, and restitution matters; providing them with information about the status of the criminal investigation and later the prosecution of the criminal case against the suspects; facilitating victim participation in the criminal case through trial attendance; and presenting impact information during the sentencing.

In January 2000, the Attorney General issued a new, revised edition of the AG Guidelines that makes it clear that some of the statutory victim services are mandatory. Thus, federal law enforcement personnel must (I) identify the victims of a crime; (2) provide the victims with referral information and information about the status of the investigation and the major case events in the prosecution; and (3) arrange for reasonable protection for the victims from intimidation and harassment. The revised AG Guidelines also contain several new sections with guidance about how to provide victim services in large cases, new guidance on attorney consultation with victims about major case events including plea bargains, and a new notification provision for posttrial case events. Moreover, the Oklahoma City bombing case led to two new laws establishing enhanced victim rights in federal criminal cases, which have been incorporated into the 2000 AG Guidelines.

First, the Oklahoma City bombing victims lobbied Congress for the right to attend the trial if the victim would be a witness only during the sentencing phase of the trial. Judge Matsch had ruled that victims who were providing impact information at the sentencing hearing were barred from watching the trial. In response, Congress passed 18 U.S.C. § 3510(a), which gives federal crime victims the right to attend the trial regardless of whether the victim intends to make a statement or provide any information in relation to the sentence. Second, because the venue of the Oklahoma City bombing trial was changed from Oklahoma City to Denver, the victims lobbied Congress to allow closed-circuit televising of the trial to an auditorium in Oklahoma City so that victims did not have to travel to Denver to exercise their right to observe the trial (see 42 U.S.C. § 10608). These new provisions are also included in the revised AG Guidelines and will improve victim rights and services in future terrorism cases.

Privacy Act

http://www.ojp.usdoj.gov/ovc/publications/infores/respterrorism/chap6.htm1 9/29/01

NYC-WTC 000137329