This chapter may be cited as the “Mississippi Crime Victims’ Bill of Rights.” The purpose of this chapter is to ensure the fair and compassionate treatment of victims of crime, to increase the effectiveness of the criminal justice system by affording rights and considerations to the victims of crime, and to preserve and protect victims’ […]
The following terms have the meanings ascribed: “Child” means any individual under the age of eighteen (18) years of age who must testify in any legal or criminal proceeding. “Proceeding,” “criminal proceeding” or “legal proceeding” means: Any criminal hearing, criminal trial or other criminal proceeding in the circuit or county court in which a child […]
The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim about a nol pros, reduction of charge, sentence recommendation, and pre-trial diversion programs.
The prosecuting attorney shall confer with the victim before the commencement of a trial. Any information received by the victim relating to the substance of the case shall be confidential, unless otherwise authorized by law or required by the courts to be disclosed.
The victim has the right to receive a transcript of any criminal proceedings at his own cost.
The rights of the victim do not include the authority to direct the prosecution of the case.
The victim shall have the right to a final disposition of the criminal proceeding free from unreasonable delay. To effectuate this right, the court, in determining whether to grant any continuance, should make every reasonable effort to consider whether granting such continuance shall be prejudicial to the victim.
The victim has the right to be present throughout all criminal proceedings as defined in Section 99-43-3.
The court shall provide a waiting area for the victim separate from the defendant, relatives of the defendant, and defense witnesses, if an area is available and the use of the area is practical. If a separate waiting area is not available, or its use impractical, the court shall minimize contact of the victim with […]
Based upon the reasonable apprehension of the victim of acts or threats of physical violence or intimidation by the defendant, the family of the defendant, or by anyone at the direction of the defendant, against the victim or the immediate family of the victim, the prosecutor may petition the court to direct that the victim […]
The victim has the right to be present at any proceeding at which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court. The court shall not accept a plea agreement unless: The prosecuting attorney advises the court that, before requesting the negotiated plea, […]
The prosecuting attorney shall provide to the victim the date of a conviction, acquittal, or dismissal of the charges filed against the defendant and prior to sentencing, when applicable, notice of the following: The criminal offense for which the defendant was convicted, acquitted, or the effect of a dismissal of the charges filed against the […]
As used in this chapter, the following words shall have the meanings ascribed to them unless the context clearly requires otherwise: “Accused” means a person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial or who is a target of an investigation […]
The victim may submit a written impact statement or make an oral impact statement to the probation officer for use in preparing a pre-sentence report. The probation officer shall consider the economic, physical, and psychological impact that the criminal offense has had on the victim and the immediate family of the victim.
The victim has the right to present an impact statement or information that concerns the criminal offense or the sentence during any entry of a plea of guilty, sentencing or restitution proceeding.
The victim has the right to the following information: As soon as practicable after the date of sentencing, the office of the prosecuting attorney shall notify the victim of the sentence imposed on the defendant. The names, addresses and telephone numbers of the appropriate agencies and departments to whom request for notice should be provided. […]
It is the discretion of the victim to exercise the right to be present and heard, where authorized by law, at a court proceeding. The absence of the victim at the proceeding of the court does not preclude the court from going forward with the proceeding. The right of the victim to be heard may […]
Prior to the admission into evidence by the court, on request of the victim, after consultation and written approval by the prosecuting attorney, the law enforcement agency responsible for investigating the criminal offense shall return to the victim any property belonging to the victim that was taken during the course of the investigation, or shall […]
Any custodial agency having physical custody of the prisoner, if provided a request for notice, shall mail to the victim the following information: Within fifteen (15) days prior to the end of the sentence of the prisoner, notice of release upon expiration of sentence or notice of medical release. Within fifteen (15) days after the […]
Upon written request, the victim shall have the right to be notified that he or she may submit a written statement, or audio or video recording, which shall be entered into the prisoner’s Department of Corrections records. The statement or recording shall be considered during any review for community status of the prisoner or prior […]
