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55B – Victim/Witness Assistance <br /> <br /> <br />Policy & Procedure Page 2 of 8 <br /> PROCEDURE <br /> <br />A. Summary of Victim Bill of Rights [55.1.1] <br /> <br />1. GENERALLY: In 1984, the Massachusetts Victim Bill of Rights, <br />Massachusetts General Law, Chapter 258B, was enacted into law, creating, <br />at that time, the most comprehensive rights for victims of crime in any state in <br />the United States. The bill applies to victims of crimes or, if a victim is <br />deceased, to family members. Portions of the bill apply to witnesses of crimes <br />as well. Except where noted, the rights are provided by the prosecutor. <br /> <br />2. VICTIM RIGHTS: Victims of crime have the right to information and assistance <br />regarding: <br /> <br />a. Their rights in the criminal process: i <br /> <br />i. How a case progresses through the criminal justice system; <br />ii. What the victim’s role is in the process; <br />iii. What the system may expect from the victim; and <br />iv. Why the system requires this. <br /> <br />b. Level of protection available and ability to receive protection from police, <br />from harm and threats of harm, for cooperating with police and <br />prosecution.ii <br />c. Right to request confidentiality in the criminal justice system from the <br />court.iii [55.1.3(b)] <br />d. Being present at all court proceedings.iv <br />e. Allowing one family member of a victim of homicide to possess a photo of <br />the victim in the courtroom, with certain restrictions.v <br />f. A secure waiting room, to the extent available, apart from the defendant, <br />defendant’s friends, family, witnesses and counsel.vi <br />g. Timely notification of changes in the schedule of court proceedings.vii <br />h. Right to confer with the prosecutor before:viii <br /> <br />i. The commencement of the trial; <br />ii. Any hearing on motions by the defense to obtain psychiatric or other <br />confidential records; <br />iii. Any act by the Commonwealth terminating the prosecution; and <br />iv. Submission of proposed sentence recommendations to the court. <br /> <br />i. Upon request, periodic appraisal of significant developments in the <br />case.ix <br />j. Prompt disposition of the case.x <br />k. Conferring with the probation officer prior to the filing of a full pre- <br />sentence report.xi <br />l. Victim Impact Statement: the opportunity to inform the court, orally or in <br />writing, of the impact of the crime.xii