Who Is a Victim? Its use of the phrase "directly and proximately harmed encompasses the traditional 'but for' and proximate cause analyses." Section 3771, like the restitution statutes, states that in the case of a deceased or incapacitated victim, "the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim's rights ." The Right to Be Reasonably Protected from the Accused

Section 3771 lists the right to be reasonably protected from the accused first among its victims' rights. (18 U.S.C. The notice clause has several distinctive features: (1) the notice rights apply only with respect to public court proceedings and parole proceedings ; (2) the rights attach to those proceedings involving the crime but not necessarily to all those related to the crime; (3) victims are entitled to reasonable, accurate and timely notice; and (4) victims are entitled to notice of the release or escape only of the accused . Participation

Unlike the rights to notice and not to be excluded, the right to be heard is a right to participate. Nor does it explicitly give the victim the right to be heard in any particular form. Section 3771 assures crime victims the right to be reasonably heard at proceedings where a plea bargain is accepted, a right which the 2015 amendments confirm. The right conferred on victims [was] one to an 'order' of restitution. Notice of Plea and Deferred Prosecution Agreements

The Justice for Victims of Trafficking Act added this to the inventory of victims' rights. The Department of Justice's implementing regulations create a complaint procedure and enforcement mechanism to ensure compliance. One deals with the obligations that follow from the rights granted the victims of crimes under the laws of the United States and the District of Columbia. It affords these victims a limited range of rights which related to matters within the control of the federal courts: attendance rights; the right to be heard; protection from unreasonable delays; the right to fair and respectful treatment; and the right to enforce those rights. It does not list a federal right to be notified of federal habeas proceedings among the rights it provides. Congress resolved the dispute in the Justice for Victims of Trafficking Act.
Section 3771 of Title 18 of the United States Code is a statutory bill of rights for victims of crimes committed in violation of federal law or the laws of the District of Columbia. It defines victims as anyone directly and proximately harmed by such an offense, individuals and legal entities alike. It does not appear to include family relatives of a deceased, child, or incapacitated victim, except in a representative capacity.
Numbered among the rights it conveys are (1) the right to be reasonably protected from the accused; (2) the right to notification of public court and parole proceedings and of any release of the accused; (3) the right not to be excluded from public court proceedings under most circumstances; (4) the right to be heard in public court proceedings relating to bail, the acceptance of a plea bargain, sentencing, or parole; (5) the right to confer with the prosecutor; (6) the right to restitution under the law; (7) the right to proceedings free from unwarranted delays; (8) the right to be treated fairly and with respect to one's dignity and privacy; (9) the right to be informed in a timely manner of any plea bargain or deferred prosecution agreement; and (10) the right to be informed of the statutory rights and services to which one is entitled.
The section directs the courts and law enforcement officials to see to it that the rights it creates are honored. Both victims and prosecutors may assert the rights and seek review from the appellate courts should the rights be initially denied.
The section vests no rights in the accused; nor does it create cause of action damages in any instance where a victim is afforded less than the section's full benefits.
Conforming amendments to the Federal Rules of Criminal Procedure became effective on December 1, 2008. The Justice Department promulgated implementing regulations on November 17, 2005. The Justice for Victims of Trafficking Act of 2015 added to the inventory of victims' statutory rights and clarified the appellate standard to be used to enforce those rights.
This report is an abridged form of a longer report, without quotation marks, footnotes, appendixes, and most of the citations to authority found in the longer version, which is available as CRS Report RL33679, Crime Victims' Rights Act: A Summary and Legal Analysis of 18 U.S.C. 3771, by [author name scrubbed].