Victims' Rights Criminal Justice Jeopardy

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							                                                    CVR Grid Game - Trainer’s Guide

CSI Oregon (Rights that give victims “Critical Support Initially.”)
10 Answer: Under this Act, a family      Question: What is the Oregon    Hint: Provides for a restraining order   Issue: This is a civil
abuse victim has the right to receive Family Abuse Prevention Act?       when the petitioner has been the         remedy that crime victims
instructions, a petition and model       (ORS 107.718)                   victim of abuse and there is             may need to access; it is
order, and related forms from a                                          immediate and present danger of          not a right found on the
circuit court clerk explaining rights in                                 further abuse                            criminal code.
the Act.
20 Answer: Hospitals must                Question: What is emergency     Hint: Used to prevent pregnancy.         Issue: This is a civil
dispense this to female sexual           contraception? (HB 2700)                                                 remedy that crime victims
assault victims who request it.                                                                                   may need to access; it is
                                                                                                                  not a right found on the
                                                                                                                  criminal code.

                                                                                                                  This law was passed in
                                                                                                                  2007. Hospitals are also
                                                                                                                  required to give female
                                                                                                                  victims of sexual assault
                                                                                                                  unbiased, medically and
                                                                                                                  factually accurate
                                                                                                                  information about
                                                                                                                  emergency contraception.
30 Answer: A victim of domestic        Question: What is TADVS           Hint: Applicants must have children      Issue: This is a civil
violence may be eligible for this      (Temporary Assistance to          or be pregnant to qualify – granted      remedy that crime victims
emergency monetary grant.              Domestic Violence Survivors)?     through DHS.                             may need to access; it is
                                       (OAR 461-135-1210 et seq.)                                                 not a right found on the
                                                                                                                  criminal code.
40 Answer: A victim of domestic        Question: What are: end a         Hint: Civil legal remedies.              Issue: This is a civil
violence, sexual assault or stalking   rental agreement with 14 days                                              remedy that crime victims
who rents housing may be eligible      notice; have locks changed; not                                            may need to access; it is
for these rights.                      be evicted from public housing;                                            not a right found on the
                                       or receive a preference for                                                criminal code.
                                       public housing. (ORS 90.453;
                                       ORS 90.459; 42 USC Sect.
                                       1437d, f.)
               CVR Grid Game - Trainer’s Guide

Stay the Course (Rights to help victims continue to navigate the justice system.)
10 Answer: Crime victims may be      Question: What is the Crime    Hint: Must report the crime to law              Issue: CVCP provides
paid by the State of Oregon for      Victims’ Compensation          enforcement within 72 hours and                 financial assistance to
certain expenses through this        Program? (ORS 147.105; ORS cooperate with prosecution. (These                  victims of person crimes.
program.                             147.390)                       requirements may be waived for                  This assistance includes
                                                                    good cause.)                                    medical and counseling
                                                                                                                    costs, HIV testing, and
                                                                                                                    funeral expenses.
20 Answer: A crime victim does not       Question: Who is the             Hint: Not the prosecutor, but the . . .   Issue: If contacted by the
have to talk with or provide discovery   defendant or alleged youth       .                                         defense, victims must be
to these individuals (with               offender, defense attorney, or                                             informed of identity and
exceptions).                             others acting on their behalf?                                             capacity of person, that
                                         (Or Const Art 1§42(1)(c), ORS                                              the victim does not need
                                         135.970)                                                                   to share information with
                                                                                                                    the person unless the
                                                                                                                    victim wishes, and that the
                                                                                                                    victim may have a district
                                                                                                                    attorney present during an
                                                                                                                    interview.
30 Answer: The victim of a person        Question: What is grand jury     Hint: 1. Community members who            Issue: “Compromise the
crime who is at least 15 years old       proceedings, certain child       vote to indict; 2 specific to children;   process” – A health care
when the crime occurs may have a         abuse assessments and when       and 3. a broad category.                  provider, law enforcement
personal representative except at        the representative might                                                   agency [not officer],
these times.                             “compromise the process.”                                                  protective service worker,
                                         (ORS 147.425)                                                              or court may not prohibit a
                                                                                                                    personal representative
                                                                                                                    from accompanying a
                                                                                                                    victim unless they believe
                                                                                                                    that the personal
                                                                                                                    representative would
                                                                                                                    compromise the process.
40 Answer: When a crime involves         Question: What are (a) when      Hint: 1. Starting with the                Issue: Prior to conviction,
transmission of body fluids, a crime     the defendant has been           prosecutor; 2. at court; and 3. end of    the court may grant the
victim may request HIV testing at        charged; (b) at the time of an   prosecution.                              request for testing; upon
these phases of the prosecution.         appearance; and (c) upon                                                   conviction the court shall
                                         conviction? (ORS 135.139)                                                  grant the request.




                                                                                                                                                  2
              CVR Grid Game - Trainer’s Guide

Hear Ye, Hear Ye (Rights that may apply during hearings.)
10 Answer: The victim of any violent Question: What are plea              Hint: Typical outcome of criminal
felony has the right to be consulted    negotiations? (Or. Const. Art.    cases.
about these, upon request.              1, Sec. 42(1)(f).)
20 Answer: A crime victim has the       Question: Who are the             Hint:
right to be reasonably protected from alleged youth offender,
this individual (or individuals) during defendant, youth offender or
the criminal or juvenile justice        convicted person? (Or Const.
process.                                Art. 1, Sec. 43(1)(a)).
30 Answer: A crime victim has           Question: What are (1)            Hint: Foundational rights that help a
these two rights at open proceedings advanced notice (if requested);      victim have a “meaningful role.”
where the defendant or alleged          and (2) to be present? (Or.
youth offender will be present.         Const. Art. 1, Sec. 42(1)(a))
40 Answer: Victims may be able to       Question: What is they are an     Hint: What an employer needs, and       Issue: “Covered
take leave from their job to take care employee of a covered              situations when a victim/employee       employer” means an
of crime related matters if this        employer and need to attend a     might need to take time off from        employer who employs six
applies.                                criminal proceeding, get legal    work.                                   or more persons in
                                        help, medical treatment or                                                Oregon for each working
                                        counseling, victim services, or                                           day during each of 20 or
                                        a safer home. (ORS 659A.192;                                              more calendar work
                                        ORS 659A.885.)                                                            weeks in the year in which
                                                                                                                  or year proceeding the
                                                                                                                  year in which an eligible
                                                                                                                  employee takes leave.
                                                                                                                  “Eligible employee”
                                                                                                                  means an employee who:
                                                                                                                  a)Worked an average of
                                                                                                                  more than 25 hours/week
                                                                                                                  for a covered employer for
                                                                                                                  at least 180 days
                                                                                                                  immediately before the
                                                                                                                  date the employee takes
                                                                                                                  leave; and
                                                                                                                  b) is a crime victim (which
                                                                                                                  includes immediate family
                                                                                                                  members).




                                                                                                                                                3
              CVR Grid Game - Trainer’s Guide

Hear(ing) We Go Again (More hearing-related rights for victims.)
10 Answer: A victim has the right to Question: What is prompt            Hint: May not happen often because
receive this from the convicted       restitution? (Or Const Art         the convicted criminal or youth
criminal or youth offender who        1§42(1)(d), ORS 137.105,           offender is indigent or doesn’t take
caused the victim’s loss or injury.   ORS 419C.236(2))                   responsibility for payment.
20 Answer: A crime victim has a       Question: What is a transcript,    Hint: Court record.                  Issue: Victims must pay
right to a copy of this of any        audiotape or videotape? (Or.                                            the cost of preparing their
proceedings in open court.            Const. Art. 1, Sec. 42(1)(e);                                           copy.
                                      ORS 147.410; Applies in
                                      Juvenile via ORS 419C.270(8).
30 Answer: A crime victim has a       Question: What is notice of        Hint: For suspects, is their Miranda
right to this as soon as practical.   crime victims’ constitutional      rights, for crime victims, it’s their…
                                      rights? (Or. Const. Art. 1, Sec.
                                      42(1)(g); ORS 147.417.
                                      Applies in Juvenile System via
                                      ORS 419C.270(8).
40 Answer: The minimum number         Question: What is 30 days?         Hint: Less than three months and
of days before parole board hearings (ORS 144.120. Note: This            more than two weeks.
a victim must be notified so they can right doesn’t apply in the
appear in person or submit a written juvenile system.)
statement.




                                                                                                                                            4
              CVR Grid Game - Trainer’s Guide

Wrap It Up (A grab bag of rights.)
10 Answer: There shall be no public    Question: What is at the           Hint:                                 Issue: “Public access
access coverage of sex offense         victim’s request? (UTCR                                                  coverage” means
proceedings in court when this         3.180(2)(d))                                                             coverage by television,
happens.                                                                                                        photography or recording
                                                                                                                equipment in the
                                                                                                                possession of a person
                                                                                                                other than the court or the
                                                                                                                court’s staff.
20 Answer: The court shall take the    Question: What is resetting        Hint:
victim into consideration when doing   any trial date or setting any
this.                                  court hearing requiring the
                                       presence of the victim? (ORS
                                       136.145)




30 Answer: A crime victim has the      Question: What are release,        Hint:
right to appear personally and to      pretrial release, dispositional
express views relevant to the issues   and sentencing hearings? (Or.
at these hearings.                     Const. Art. 1, Sec. 42(1)(a);
                                       ORS 135.246(5)(B); ORS
                                       137.013)
40 Answer: This type of evidence is    Question: What is victim           Hint:
not admissible in prosecution for      reputation or past sexual
rape, sodomy, unlawful penetration     behavior and manner of dress
or sexual abuse (or in a prosecution   implying consent or inciting the
for an attempt of any of there).       crime?
                                       (ORS 40.210, Oregon
                                       Evidence Code Rule 412)


Preparation of this Trainer’s Guide was supported by cooperative agreement number 2005-VF-GX-K007, awarded by the Office for Victims
of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions expressed in guide are those of
the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice.

The Office for Victims of Crime is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the
Bureau of Justice Statistics, the National Institute of Justice, and the Office of Juvenile Justice and Delinquency Prevention.
                                                                                                                                              5

						
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