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Mississippi Crime Victims’ Bill of Rights

Section 26A in Article 3 of the Mississippi Constitution of 1890 gives the following rights to victims of violent

crime:

Victims of crime, as defined by law, shall have the right to be treated with fairness, dignity and respect

throughout the criminal justice process; and to be informed, to be present and to be heard, when authorized

by law, during public hearings.

To implement the constitutional amendment, the Mississippi legislature passed the victims’ bill of rights, which

provides certain rights to victims of the following offenses:

Crimes which involve physical injury or the threat of physical injury;

Any sexual offense;

Any offense involving spousal abuse or domestic violence;

If the crime that has been committed against you fits into one of those categories, you may assert your rights

by signing the accompanying form and sending it to the prosecuting attorney. If the victim of the crime is

physically or emotionally unable to exercise these rights, he/she may designate in writing a person to be

his/her representative. If the victim is deceased, the court will appoint a representative who is not a witness

to the crime. If the victim is a minor, a family member may be designated as the victim’s representative or the

court may appoint a representative for the child. The victim who is represented by another person may decide

to personally exercise his/her rights as soon as he/she is physically, mentally, emotionally or legally competent

to do so.

As a way of informing you of your rights and guiding you through the judicial process, this packet contains

information about the criminal justice system and the availability of support services within your area. This

packet also gives you the name, address and telephone number of the appropriate prosecuting attorney. By

signing and mailing the accompanying form, and by continuing to provide the prosecuting attorney with any

changes to your address or telephone number, you are asserting the following rights as prescribed in Chapter

43 Miss. Code Ann. (1972):

To be notified of all charges filed against any person for the crime committed against you.

To be notified of any criminal proceeding, other than the initial appearance, as soon as practicable,

and of any changes that may occur.

To talk with the prosecutor prior to the final disposition of your case, including giving your views on any

nol pros (dismissal), reduction of charge, sentence recommendation, and pretrial diversion programs.

To talk with the prosecutor prior to the beginning of the trial.

To receive a transcript of the trial, at your own cost.

To have the trial held without unreasonable delay. (The trial judge, in determining whether to grant

a continuance, should make every reasonable effort to consider what effect granting the continuance

would have on the victim.)

Request To Exercise Victims' Rights - State Of Mississippi Crime Victims' Bill Of Rights Page 2