Victims' Rights
The rights of crime victims in North Carolina are protected by the North Carolina Constitution. Article I, Section 37 establishes basic rights for victims of crime, including the right to reasonable notice of court proceedings, the right to be present at court proceedings upon request, the right to be reasonably heard at certain proceedings, the right to receive restitution when ordered by the court, and the right to receive information about the criminal justice system, victim services, and the status of the accused. The Constitution also provides rights concerning notification of an accused’s escape or release and the opportunity to present views and concerns regarding actions that could result in the accused’s release.
How Victims Can Exercise Their Rights
The Constitution directs the General Assembly to establish by law the procedures through which victims may assert these rights. Those procedures and additional details concerning victims’ rights are set out primarily in Article 46 of Chapter 15A of the North Carolina General Statutes, known as the Crime Victims’ Rights Act.
The Crime Victims’ Rights Act explains who qualifies as a victim for purposes of the Act, identifies the rights available to victims, and describes the responsibilities of law enforcement agencies, district attorneys’ offices, and judicial officials. It also addresses matters such as notice of proceedings, the victim’s right to be present and heard, restitution, information about the disposition of a case, and notification of an accused’s escape or release.
Enforcement of the Rights of a Victim
The law also provides a process for addressing an alleged violation of a victim’s rights. Under G.S. 15A-834.5, a victim may assert rights provided by Article 46 by filing a motion with the clerk of superior court in the same criminal proceeding in which the rights arose. In certain circumstances, the victim must first provide the district attorney’s office or the appropriate law enforcement agency an opportunity to resolve the issue.
Together, Article I, Section 37 of the North Carolina Constitution and Article 46 of Chapter 15A of the General Statutes provide the foundation for crime victims’ rights in North Carolina and the procedures for exercising those rights.