ConstitutionIn the November, 1998 general election, Tennessee voters approved an amendment to the Tennessee Constitution providing for victims rights.
The amendment adds the following language to Article 1 of the Constitution as a new section:
To preserve and protect the rights of victims of crime to justice and due process, victims shall be entitled to the following basic rights:
1. The right to confer with the prosecution.
2. The right to be free from intimidation, harassment and abuse throughout the criminal justicesystem.
3. The right to be present at all proceedings where the defendant has the right to be present.
4. The right to be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly.
5. The right to be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person.
6. The right to a speedy trial or disposition and a prompt and final conclusion of the case after theconviction or sentence.
7. The right to restitution from the offender.
8. The right to be informed of each of the rights established for victims.
The General Assembly has the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section.
BE IT FURTHER RESOLVED, That the General Assembly has the authority to enact laws to provide that a judge, attorney for the state, law enforcement officer or law enforcement agency is not liable for a failure or inability to provide a right enumerated in this section.
BE IT FURTHER RESOLVED, That the failure or inability of any person to provide a right or service enumerated in this section may not be used by a defendant in a criminal case as a ground for appeal, new trial, post-conviction relief or habeas corpus nor shall it be construed to authorize a court to set aside, reverse, vacate or void a finding of guilt, or an acceptance of a plea of guilty in any criminal case.
BE IT FURTHER RESOLVED, That nothing in this section shall be construed as creating a cause of action for money damages against the state, a county, a municipality, or any of the agencies, instrumentalities, or employees thereof. The General Assembly has the authority to provide for other remedies to ensure adequate enforcement of this section.
Statutes
The Victim's Bill of Rights, T.C.A. 40-38-101, grants certain rights:
Rights of Victim and Prosecution Witnesses
- Dignified and compassionate treatment.
- Protection from intimidation/retaliation by the defendant and/or defendant's family.
- Separation from defendant and family at court (when possible).
Victims shall upon request have a right to information about:
- Court processes
- Continuances
- Plea Negotiations
- Court times, dates, locations
- Victim's role in each stage
- Service agency referral
- Victims Compensation
- Voicing an opinion on a defendant's
- Sentence or plea
- Recovery of property as soon as legally permissible
- Restitution (information about how to obtain restitution directly from defendant)
- Priorty to victims of violent crime (due to legal requirements and limited resources)
Victim / Witness Responsibilities: What you can do to help.
You may sometimes feel frustrated and discouraged--the process of criminal justice does take time. To avoid the frustration of possible delays, contact the victim/witness coordinator to confirm court dates. Some of the delays you encounter, however, are part of the system that also protects your rights.
Since it is not possible to give you all the information, please contact the Victim/Witness Coordinator or the District Attorney General for more information. Most importantly James Ramsey, the District Attorney General, or Debbie Hatmaker, the Victim/Witness Coordinator if you move or change your telephone number. We may not be able to get in touch with you otherwise. The DAG's Office and Victim/Witness Coordinator are concerned about you and your case.
Telephone Numbers
State Attorney General
615-741-3491
450 James Robertson Parkway
Nashville, TN 37243-0494
Board of Paroles
615-741-2107
Parkway Towers, Suite 1300
404 James Robertson Parkway
Nashville, TN 37243-0580
Division of Claims Admininstration
615-741-2734
Andrew Jackson Bldg., 9th Fl.
Nashville, TN 37243
Dept. of Corrections
615-741-2072
Rachael Jackson Building
320 6th Avenue N.
Nashville, TN 37243
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