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Extracted Text (OCR)
(4) During court proceedings, a responsible official shall ensure that a victim is provided a
waiting area removed from and out of the sight and hearing of the defendant and defense
witnesses.
(ce) Definitions
(2) the term “victim” means a person that has suffered direct physical, emotional, or pecuniary
harm as a result of the commission of a crime....
I. DEPARTMENT POLICY: THE 2005 ATTORNEY GENERAL GUIDELINES FOR
VICTIM AND WITNESS ASSISTANCE (2005 GUIDELINES)
In 2005, the Department revised its guidelines for victim and witness assistance in order to
incorporate the provisions of the CVRA. The purpose of the 2005 Guidelines was “to establish
guidelines to be followed by officers and employees of Department of Justice investigative,
prosecutorial, and correctional components in the treatment of victims of and witnesses to crime.”
The relevant portions of the 2005 Guidelines are as follows:
Article IV: Services to Victims and Witnesses
A. Investigation Stage
The investigative agency’s responsibilities begin with the report of the crime and extend
through the prosecution of the case. In some instances, when explicitly stated, the
investigative agency’s responsibility for a certain task is transferred to the prosecuting
agency when charges are filed.
2. Identification of Victims. At the earliest opportunity after the detection of a crime at
which it may be done without interfering with an investigation, the responsible official of
the investigative agency shall identify the victims of the crime.
3. Description of Services.
a. Information, Notice, and Referral
(1) Initial Information and Notice. Responsible officials must advise a victim
pursuant to this section at the earliest opportunity after detection of a crime at which
it may be done without interfering with an investigation. To comply with this
requirement, it is recommended that victims be given a printed brochure or card
that briefly describes their rights and the available services, identifies the local
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