Victims/Restitution

The Constitution of Oregon
(Sections 42 & 43 summarized)

Rights of Victims in Juvenile Court Delinquency Proceedings.

To preserve and protect the right of crime victims to justice, to ensure crime victims a meaningful role in the criminal and juvenile justice systems, to accord crime victims due dignity and respect and to ensure that criminal and juvenile court delinquency proceedings are conducted to seek the truth as to the defendant’s innocence or guilt, and also to ensure that a fair balance is struck between the rights of crime victims and the rights of criminal defendants in the course and conduct of criminal and juvenile court delinquency proceedings, the following rights are hereby granted to victims in all prosecutions for crimes and in juvenile court delinquency proceedings:

• The right to be present …….in open court when the defendant will be present, and to be heard at the pretrial release hearing and the sentencing or juvenile court delinquency disposition;
• The right, upon request, to obtain information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the ……alleged youth offender or youth offender;
• The right to refuse an interview, deposition or other discovery request by the criminal defendant or other person acting on behalf of the criminal defendant;
• The right to receive ……restitution from the convicted criminal who caused the victim’s loss or injury
• The right to have a copy of a transcript of any court proceeding in open court, if one is otherwise prepared;
• The right to be consulted, upon request, regarding plea negotiations involving any violent felony; and
• The right to be reasonably protected from the alleged youth offender or youth offender throughout the juvenile delinquency proceedings.
• The right to have decisions by the court regarding pretrial release……based upon the principle of reasonable protection of the victim and the public, as well as the likelihood that the criminal defendant will appear for trial.
• The right to be informed of these rights as soon as practicable.