What Rights Do Victims Have Regarding Restitution?

Many times in the courtroom, we see victims that are impacted by a person’s criminal actions. As a judge, we try to take the impact a victim suffers into consideration when determining a sentence to give a person who committed a crime. Victims of a crime do have rights in the courtroom.

- Judge JeffCox

When a person has committed a crime and is to be sentenced by the court, the court will usually order a presentence investigation report. This pre-sentence investigation report will detail the facts of the crime, the victim’s name, amount of restitution that is owed to the victim, if any, a statement by the victim and by the person committing the crime, the criminal history of the person committing the crime, and the personal and family history of the person committing the crime. The pre-sentence investigation report is conducted by the State Probation and Parole Department and forwarded to the court once it is completed. The court then studies this presentence investigation report prior to the person who committed the crime being sentenced. This pre-sentence investigation report will detail what loss the victim has suffered as a result of the crime and make a recommendation as to what restitution should be paid by the person being sentenced.