This list is not all-inclusive and is not intended
to be legal advice or an agreement to provide legal advice or representation.
If you have any questions about victims’ rights in an Oregon juvenile court,
please contact the Oregon Crime Victims Law Center.
If
the offender is a juvenile whose case is being adjudicated in an Oregon state
juvenile court, victims’ rights include the following:
Right
to NoticeThe Right to Notice in Juvenile Court includes the right to be:
- Informed of victims’ rights under the Oregon Constitution as soon as
practicable.
- Notified in advance of any detention hearing. (A victim must request
this right.)
- Notified in advance of any “critical
stage” of the case that takes place in open court when the youth offender
will be present. (A victim must request this right.)
“Critical stages” include the following:
-
Release hearings.
-
Hearings relating to the rescheduling of
the adjudication.
-
Other pre-adjudication hearings.
-
Entry of pleas and formal accountability
agreements.
-
Adjudications.
-
Dispositions.
-
Restitution hearings.
-
Certain probation hearings.
-
Any other stage that the court
determines to be “critical.”
- Notified of the youth offender’s
application to remove the offense from his record.
- Notified of
any Psychiatric Security Review Board hearings concerning the youth
offender and of his conditional release, discharge, or escape. (A
victim must request this right from the Psychiatric Security Review Board,
(503) 229-5596.)
Right
to Presence and Participation The Right to Presence and Participation includes the right to
be present at any “critical stage” of
the case that takes place in open court where the youth offender will be
present, and to be heard at any
pre-adjudication release hearing and at disposition.
Legal RepresentationA victim may represent himself or may be represented by an attorney, including
one from the Oregon Crime Victims Law Center or a prosecuting attorney who has
agreed to represent the victim in asserting his rights.
Right to Protection
The Right to Protection includes the right to:
- Obtain an order that the youth offender submit to HIV testing in certain
cases. (The victim must request this right.)
- Have the victim’s address and telephone number not be given to the youth
offender without court order. (The victim must request this right.)
- Have the youth offender prohibited from contacting the victim, directly or
indirectly, while the offender is on pre-adjudication release without
court order.
- Refuse an interview or other information to the alleged youth offender or
his attorney.
- Have decisions regarding the alleged youth offender’s pre-adjudication
release based on the victim’s reasonable protection.
- Obtain a court order preventing the
disclosure of certain information.
- Obtain information about the youth
offender’s juvenile system history, adjudication, sentence, confinement
and/or future release date, and to be notified of the youth offender’s
release from a youth correction facility. (A victim must request these
rights.)
Other RightsIn addition to the rights listed above, a victim in a juvenile court has the right to:
- Have the case, including adjudication and disposition, conducted with “all
practicable speed.”
- Be consulted regarding plea negotiations concerning an act that would
constitute a violent felony if committed by an adult. (A victim must
request this right.)
- Obtain prompt restitution.
Additional Rights
Available to Victims of Sex Offenses
In addition to the rights listed above, victims of sex offenses have the right to:
-
Receive accurate and unbiased information about emergency contraception
from a hospital and, upon request to the hospital, to receive emergency
contraception immediately.
- Bar the use of media sound- and/or visual-recording equipment in courtroom
proceedings. (A victim must request this right.)
- Limit the copying and/or distribution of information concerning sexual
conduct.
Additional
Rights Available to Victims of Driving Under the Influence of Intoxicants
OffensesIn addition to the rights listed above, victims of Driving Under the Influence of Intoxicants Offenses have the right to
obtain the same reports and information as the defendant/driver who was
involved in a vehicle collision with the victim. (A victim must request this
right.)
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