刑事司法程序

受害人权利及服务

The members of the State Board of Victim Services regret that you have been the victim of a crime. 除了你个人的损失, 这种经历可能会造成压力, 对你的恐惧和困惑. 澳门十大赌城官方网站想帮忙.

The State Board of Victim Services was created by the Maryland General Assembly to address the unique needs of crime victims and to make recommendations for improving state and local crime victim services. A brochure has been designated to inform you of victim’s rights and services and to help you use them. It outlines the steps a case goes through in the criminal justice system process and explains the responsibilities of the criminal justice system to crime victims and witnesses. This brochure is available at the 大学警察 Department and is given out to every victim or witness of a crime reported to the police.

一般的权利

根据马里兰州宪法, 州法律和指导方针, 犯罪的受害者必须得到有尊严的对待, 在刑事司法程序的所有阶段尊重和敏感. 在犯罪发生之后, 以及整个刑事司法程序, different rights and services apply to specific victims during periods listed below.

报案后

If the police arrest a suspect, they will take him/her before a Court Commissioner. Information regarding your case will be provided to the local prosecutor also called the State’s Attorney. The Court Commissioner will decide if there is enough evidence-known as “probable cause” to charge the suspect with the crime, 如果是这样的话, on what conditions the suspect could be released until a hearing before a judge.

如果嫌疑人被拘留后，法院专员进行听证, 他/她将有权在法官面前进行保释听证会. 法官将决定是否释放嫌疑人, 也许在某些条件下, 或者把他/她关进监狱，直到审判举行. A defendant can only be detained if the facts show he/she is a danger to the community and/or there is a risk that he/she will not show up at 审判. 大多数嫌疑人被释放.

The prosecutor will review the information provided by the police and determine what charges, 如果有任何, 应向区域法院或巡回法院起诉疑犯. In most serious cases, the prosecutor may use a Grand Jury to make these decisions.

In serious cases a suspect has the right to ask the judge for a Preliminary Hearing. At this hearing the judge will decide if there is enough evidence or “probable cause” to continue with the charges against the suspect. 如果检察官继续审理此案，法院将安排审判. Due to crowed court dockets, the case may take several months to come to trial. The prosecutor will notify the victim and key witnesses if and when it is time to prepare for trial.

你在庭审前的权利

Once a suspect(s) now called the defendant(s) have been charged with a crime, the defendant’s attorney will try to discover information to help prepare the case before trial. The attorney will probably ask for, and generally receive, your name and address. However, you are not required to talk to the defendant’s attorney or his representative.

If a defendant threatens you, or interferes with you in any way, do not hesitate to call the police. If you are acting as a witness for the prosecution and your safety has been threatened as a result, 马上联系州检察官. It is a crime for the defendant to do anything to stop you from testifying at 审判. Victim/Witness Protection 资源 may be available to increase your protection and enable your participation in court proceedings.

在审判前，被告可以出席各种法庭听证会. 作为受害者, 你有权参加这些听证会, 审判, 以及任何相关的听证会或诉讼. You may ask the prosecutor to notify you of any appearance that you should attend. 法官通常会批准几次“延期”或延迟, 应检察官或检方的要求. 尽管延误和延期令人沮丧, it is important that you continue to appear in court when you are requested.

审判期间

受害人有权出席审判. 受害者可以要求对其地址和电话号码保密, 而且不会出现在法庭记录上. The prosecutor can help you prepare for 审判 by telling you what questions to expect the defendant’s attorney may ask.

审判后

If the defendant is found guilty, the judge will hold a sentencing hearing, often at a later date. The judge has several sentencing options including: confinement in a prison or jail, 缓刑, 支付罚款或赔偿, 或者这些选项的任意组合. 缓刑是最常见的刑罚. Probation means that a convicted offender will be released and may be under the supervision of a 缓刑 officer. 缓刑通常包括一些特殊的条件，比如药物测试.

在每种情况下都造成严重的身体伤害或死亡, a victim or the victim’s representative may address the court to describe the impact of the crime. The court must also consider a victim’s written impact statement describing the effects of the crime on the victim. 受害者也有权要求赔偿. 州检察官会帮你向法官提出这个请求.

判决后

After 审判 is over, a victim may have the right to have stolen or other property returned. 州检察官会帮你取回你的财产. 最后, a victim has the right to be notified of any further hearings related to the defendant’s sentence or release by the Division of Corrections, 或假释委员会. The State’s Attorney will see that your request to be notified is forwarded to the right place for future contact.

在整个司法程序中提供帮助

在整个刑事司法程序中, 甚至在它完成之后, 你可能会经历身体上的, 情感, 或者是由于你的受害而造成的心理困扰. 这可能是正常的，并且可以获得帮助.

刑事伤害赔偿

The 刑事伤害赔偿委员会 (CICV) was established to provide financial assistance to Maryland crime victims when no other resources are available. Victims of crime are eligible to be reimbursed for their medical and/or funeral expenses resulting from a crime under the following conditions:

谁可以申请?

• 犯罪受害者，或他们的父母或代表他们的监护人
• 因犯罪而死亡的受害者的家属
• Persons who paid the funeral expenses of a victim who died as a direct result of a crime or
• 在防止犯罪或协助警察时受伤的人
• Persons injured or killed as a result of an individual driving while intoxicated

需要什么?

• 在案发后48小时内向警方报案
• 罪案发生后180天内将填妥的索偿表格寄交中金银行.
• 与犯罪直接相关的人身伤害或死亡
• Innocence of the victim; that is, the victim bears no responsibility for the crime or the injury
• 犯罪造成严重的经济困难.

如需进一步资料及协助存档，请致电或致函:

刑事伤害赔偿委员会
广场办公中心3112室
莱斯特斯敦路6776号
巴尔的摩，马里兰州21215
410-585-3010 or 888-679-9347 
传真:410-764-3815