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Extracted Text (OCR)
2014] CRIME VICTIMS’ RIGHTS 99
For example, Arizona has adopted a constitutional amendment and
statutes that expansively protect victims. Under Arizona law, the definition
of victim hinges on whether a criminal offense has been committed, and the
term “criminal offense” is defined as “conduct that gives a peace officer or
prosecutor probable cause to believe” a crime has occurred.”*’ In short, a
victim’s status does not hinge on the formal filing of charges but rather on
the criminal conduct itself. Arizona law enforcement personnel must
give information to victims describing their rights as soon as possible, even
if formal charges have not yet been filed, and a victim may request that the
prosecutor discuss the disposition of the case, including “a decision not to
proceed with a criminal prosecution, dismissal, plea, or sentence
negotiations and pretrial diversion programs.”’” A victim may even pursue
some rights if counts are dismissed.**° Arizona courts have also permitted
victims to invoke their rights in the context of civil forfeiture
proceedings,”*!
Hawaii’s victims’ rights statute illustrates how a state has defined the
term “case” more expansively than the limited definition advocated by the
Department in order to facilitate victim participation. By statute in Hawaii,
victims must, upon request, be informed of “major developments” in any
felony case.’ Along a similar vein, the prosecuting attorney must consult
or advise the victim about any plea negotiations.*** Interestingly, however,
the Hawaii legislature defined “major developments” as “arrest or release of
the suspect by the police, case deferral by the police, referral to the
prosecutor by the police, rejection of the case by the prosecutor, preliminary
hearing date, grand jury date, trial and sentencing dates, and the disposition
of the case.”’** The usage of the term “case” and the plain language of the
provisions demonstrate that victims in the State of Hawaii are entitled to a
notification right and a possible consultation nght long before formal
charges are filed.
27 Ariz. REV. STAT. ANN. § 13-4401(6) (2010) (emphasis added), see State ex rel.
Thomas v. Klein, 150 P.3d 778, 780-81 (Ariz. Ct. App. 2007) (noting the original version
defined a criminal offense as a violation of a statute).
°°8 Under Arizona law, the “rights and duties that are established by this chapter arise on the
arrest or formal charging of the person or persons who are alleged to be responsible for a criminal
offence against a victim.” ARIz. REV. STAT. ANN. § 13-4402(A) (2010) (emphasis added).
29 Ariz. REV. STAT. ANN. § 13-4419(A) (2010).
230 See Ariz. REV. STAT. ANN. § 13-4402.01(A).
°31 Tt appears, however, that the criminal proceeding may have been parallel to the civil
forfeiture proceeding. See State v. Lee, 245 P.3d 919, 923-24 (Ariz. Ct. App. 2011).
232 Haw. Rev. Stat. ANN. § 801D-4(a)(1) (LexisNexis 2007).
733 See id.
234 Id. § 801D-2.
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