VICTIM AND WITNESS ASSISTANCE PROCEDURES
Terms
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- Is the OPNAVINST 5800.7 apply to all services
- Yes, Army, Navy, Air Force, and Marines
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Officers and employees engaged in the detection, investigation, or prosecution of crimes, and the confinement of criminals, shall ensure that victims are accorded their rights.
What are their rights -
a. Be treated with fairness and respect for the victim's dignity and privacy.
b. Be reasonably protected from the accused offender
c. Be notified of court proceedings
d. Be present at all public court proceedings related to the offense, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at trial.
e. Confer with the attorney for the Government in the case.
f. Receive available restitution.
g. Be provided information about the conviction, sentencing, imprisonment, and release of the offender. - Who is responsible for the Development of overall policy for the victim and witness assistance and monitor compliance with this Instruction.
- Under Secretary of Defense for Personnel and Readiness
- On what form will officials report annually to the Under Secretary of Defense for Personnel and Readiness
- DD Form 2706, "Victim and Witness Assistance Annual Report"
- Who shall ensure compliance, Designate officials, Provide for the assignment of personnel, Establish council and training program
- Secretaries of the Military Departments and the Heads of the other DOD components
- Who shall develop investigative policy and perform appropriate oversight reviews of the management of the victim and witness assistance program
- Inspector General of the Department of Defense
- What are the three purposes of this instruction?
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1. Implements policy
2. Implement references through by providing guidance for assisting victims and witnesses of crime from initial contact through investigation, prosecution, and confinement
3. Establishes the "Victim and Witness Assistance Council -
Explain Form
DD Form 2701
DD Form 1569 -
Initial Information for Victims and Witnesses of Crime
Incident Complaint Report - used to annotate the date the DD Form 2701 is given. This serves as evidence that the officer notified the victim or witness of statutory rights. -
Explain Form:
DD Form 2702
on what form should this be annoted, that the information was given out -
Court-Martial Information for Victims and Witnesses
DD Form 1569, Incident Complaint Report -
Explain Form:
DD Form 2703
on what form should it be reported that the information was conveyed. -
Post trial information for victims and witnesses
DD Form 1569-3, Incident Complain Report - Result of Trial -
Explain Form;
DD Form 2704
Where shall it be notified that the information was passed. -
Victim/Witness Certification and Election Concerning Inmate Status,(those who fear harm by the offender)needing offenders status in confinement
DD Form 1569-3 - What forms are exempt from release under the Freedom of Information Act
- DD Form 2704 and 2705
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Explain Form;
DD Form 2705
The Date of notification is reportable on what form -
Victim and Witness Notification of changes in inmate status
DD Form 1569-3