The Family of Homicide Victims

The spouses, children and parents of a homicide victim are left facing uncertain futures, besides living in the gloom of the death of a loved one and in most cases the major bread winner for the family. Family members of homicide victims face a whirlwind of grief, criminal justice proceedings and financial challenges in the aftermath of a loved one’s death.

Homicide victims, including their surviving family members/relatives, possess the right to be treated with all fairness and pride throughout the criminal justice process. The family members of the homicide victim have the right to notification of, to attend either themselves or through a representative, and to make a statement at all criminal/court proceedings at which the convict has the right to information, to attend, and to make a statement.

Right to be Notified about Legal Rights, Court Proceedings and Criminal Justice Process

The notification rights include notice to the family of the victim about the criminal proceedings and the outcomes of the proceedings, also so when hearings have been canceled and/or rescheduled. Also included is the right to advance notice to attend legal proceedings and/or make a statement and to be informed of other legal rights. In addition, to be provided the notification of the offender's release from prison. To be notified of proceedings and of their legal rights are is a crucial right, without it, survivors of homicide victims cannot pursue the rights to which they are entitled adequately.

Furthermore the surviving family members may also have the right to obtain a court order protecting them from harassment or intimidation, to know of the option to sue the offender for financial damages, to collect witness fees for their testimony, and other legal rights.

Right to be Present and be a Part of Criminal Justice Proceedings

Normally, the right to be present includes attendance at the trial, sentencing, and/or parole hearing of the offender. Additionally, the surviving family members have been given the right to make an oral or written statement about the victim impact to be considered at such proceedings by the court or parole board. Moreover, surviving family members of the victim have been given the right to attend and address the court at other critical proceedings in the criminal justice process recently.

The surviving family members need help mourning and get over the loss of relatives killed by violence. (Posted by Mark Puente/Plain Dealer Reporter October 20, 2008)

Mental Health Services for Homeless Persons Inc. of Clevelandhas been awarded $200,000 by the U.S. Department of Justice to develop court-advocacy and counseling services for people who have had a family member killed. The agency has been entrusted to provide crisis and trauma counseling. To offer counseling for up to 90 days after a homicide MHS counselors will form a team with Cleveland police and the Cuyahoga County Department of Witness and Victims Services, said Susan Neth, the executive director of MHS. If the program is successful after 18 months, the Justice Department will develop it in other cities.

Neth said family members are often less traumatized by sudden deaths when counseling services are provided quickly. Counselors will be available round the clock and will go to scenes of homicide if police believe a family member needs assistance.

In England and Wales the families of homicide victims will be allowed to inform the courts of how the crime has affected them and their grief, under plans announced by the government today. Ministers think the move may lead to longer sentences for some offenders, whereas legal experts fear the proposals could put improper pressure on judges. (Society Guardian, Thursday 1 September 2005)

The surviving family members of the victim would be able to make a personal statement to the judge after the conviction of the offender, but before sentencing. The statement could be read by a legal advocate - a so-called "victim's advocate" - or a Crown Prosecution Service barrister alternatively. The intention was to ensure that families "feel that they have had their say" in the justice process, stated Harriet Harman, the constitutional affairs minister, she insisted that the aim of the scheme was to put an end the problem of victims' relatives feeling that they are confined to silence, while everybody else is talking.

The minister also said it was possible that the system could lead to an alternate affect on the sentence imposed in manslaughter cases. Even if it means the sentence is higher on a manslaughter charge than it might otherwise have been, without hearing from the victim's relatives, then think that would be a good thing and that would be right.