The Victim |
The Defendant |
| Becomes an unwilling target. |
Is presumed to have chosen to engage in unlawful and unjust activity. |
| Is traumatized from the violent act. |
Is innocent until proven guilty. |
| Is supported by federal and state legislation, and the nature and degree of that support varies from state to state. |
Is supported by the U.S. Constitution. |
| Has the right to remain silent. |
Has the right to remain silent. |
| Is provided access to a local victim assistance bureau, if and when available. In most cases, a crime must be reported in order to access state services. |
Has the right to an attorney, free of charge. |
| Must wait until the state and defense are ready for trial. |
Has the right to a speedy trial. |
| Must trust the state to pursue a fair trial. |
Has the personal right to a fair trial. |
| Is not always informed of the offenders bail release (two-thirds of all victims are not notified). |
Has the right to seek bail release. |
| Is prohibited from being present while other witnesses testify. |
Has the right to personally question each witness. |
| Must rely on the state to present witnesses that will make the best case against the defendant. |
Has the right to present witnesses to testify on his/her behalf. |
| Is forced to testify and endure a trial if he/she wants to see justice served. |
Can decide whether to testify. |
| Must trust the state to determine the best course for pursuing justice — and an appropriate sentence for the crime. |
Has the right to a jury trial. |
| Has no voice in jury selection. |
Has a right to direct involvement in jury selection. |
| May or may not be informed of a plea agreement and related negotiations. |
Has the right to negotiate and accept a plea agreement. |
| Must assertively pursue the opportunity to read an impact statement at sentencing. |
Has the right to appeal a guilty verdict and can file multiple motions for appeal hearings. |
| May or may not receive support by persons in court, protective orders, restitution or victim advocates. |
While incarcerated, receives free room and board, medical care, a college education or technical training, psychological counseling, and access to gym facilities and legal resources. |
| Has no "victim protection program" to relocate or change identity to ensure safety. |
Can benefit from the Witness Protection Program where sentences are forgiven and relocation and identity changes are paid for by taxpayers in exchange for witness testimony. |
| Receives no financial support or reparation from tax dollars. |
Is housed, educated and otherwise tended to with tax dollars.. |
