MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS

The Legislature Finds And Declares That Crime Victims, Guardians Of Victims And Family Members Of Deceased Victims Are Entitled To The Following:

• The right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts, including, but not limited to, the filing of criminal charges where the perpetrator is known;
• The right to have a circuit or county judge take the safety of the victim or his family into consideration as an element in fixing the amount of bail for the accused;
• The right to be informed of relevant court proceedings and to be informed if those court proceedings have been canceled or rescheduled prior to the event;
• The right to be informed, when requested, by the district attorney's office concerning the general procedures in the criminal justice system, including general procedures in guilty plea negotiations and arrangements;
• The right to provide a victim impact statement prior to any sentencing of the offender;
• The right to receive information regarding compensation to victims of crime as may be provided by law; and
• The right to be present at all public court proceedings related to the prosecution of the accused, consistent with the rules of evidence.

Mississippi Code Ann., §99-36-5.

Additionally:
Sec. 26(a) Victims of crime, as defined by law, shall have the right to be treated with fairness, dignity and respect throughout the criminal justice process; and to be informed, to be present and to be heard, when authorized by law, during public hearings. In 1998, a Constitutional Amendment was ratified by the voters in the State of Mississippi, which provides certain rights to victims of the following violent offenses when the victim (or his representative) has submitted a Request To Exercise Victim's Rights:

• Felonies which involve physical injury or the threat of physical injury;
• Any sexual offense;
• Any offense involving spousal abuse or domestic violence;
• Burglary of a dwelling house.

By signing and mailing the Request To Exercise Victim's Rights, you are asserting the following rights:

• To be notified of all charges filed against any person for the crime committed against you.
• To be notified of any criminal proceedings, other than the initial appearance, as soon as practical, and of any changes that may occur.
• To talk with the prosecutor prior to the final disposition of your case, including giving your views on any nol pros (dismissal), reduction of charge, sentence recommendation, and pretrial diversion programs.
• To talk with the prosecutor prior to the beginning of the trial.
• To receive a transcript of the trial, at your own cost.
• To have the trial held without unreasonable delay. (The trial judge, in determining whether to grant any continuance, should make every reasonable effort to consider what effect granting the continuance would have on the victim.)
• To be present throughout all criminal proceedings, including any hearings, arguments or other matters scheduled by and held in the presence of the judge.
• To be provided a waiting area at trial separate from the defendant, his relatives and his witnesses. (If a separate waiting room is not available or its use is impractical, the judge is to do what is possible to minimize contact of the victim with the defendant, his relatives or defense witnesses.)
• To have the prosecutor petition the court that you or any other witness not be compelled to testify at any pre-trial proceeding or at trial to any facts concerning your identity, residence or place of employment that could put you in danger if you have been threatened with physical violence or intimidated by the defendant or anyone connected with him.
• To be present at any proceeding where the defendant is going to enter a guilty plea and be sentenced. (The judge cannot accept a guilty plea unless you are present or the prosecutor can assure the judge that every reasonable effort has been made to contact you and notify you of your right to be present. At the hearing, the victim has the right to present to the judge an impact statement or any information about the criminal offense or the sentence).
• To be given the date of a conviction, acquittal or dismissal of the charges.
• To be given, after a conviction, information about the function of a pre-sentence report and the name, address and telephone number of the probation officer preparing this report for the judge and about the right of the defendant to view the pre-sentence report.
• To make an oral or written impact statement to the probation officer preparing the pre-sentence report for the judge. (In making his report, the probation officer will consider the economic, physical and psychological impact of the crime on the victim and the victim's family).
• To be present at sentencing and to give the judge an impact statement or any information that concerns the criminal offense or the sentence.
• To be informed as soon as practicable of the sentence imposed on the defendant.
• To be given the names, addresses and telephone numbers of the appropriate agencies and departments to whom further requests for notice should be provided.
• To be given by the Attorney General's Office or the District Attorney, information about the status of any appellate proceeding and any appellate decisions within five (5) business days after the status is known or the decision issued.
• To be told when the defendant is released, if he or she is allowed to post bond after conviction, pending an appeal.
• To be notified of any escape and subsequent recapture of the defendant.
• To have any property belonging to you that was taken during the investigation returned as soon as possible. (If the property is necessary evidence, the prosecuting attorney may ask to be allowed to substitute photographs where possible).
• To be notified within fifteen (15) days prior to the end of the sentence of the date the prisoner is to be released and to be notified of any medical release or of the death of the prisoner.
• To be notified that you may submit a written statement, audio or video recording to be placed with the prisoner's records and considered at any review for community status of the prisoner or prior to release of the prisoner.
• To be notified and allowed to submit a written or recorded statement when any parole or pardon is to be considered.
• To testify at a criminal proceeding or participate in the preparation of the trial without any loss of employment, intimidation or threat or fear of the loss of employment.

The exercise of these rights is at your discretion. Should you invoke these rights, it is your responsibility to notify officials of any change in your name, address or telephone number.