Constitution
In 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 justice system.
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 the conviction 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)
- Priority to victims of violent crime (due to legal
requirements and limited resources)
