A.Limitations on Applicability of the CVRA
1.Individuals Charged with Crime/Offense Arising Out of Same Transaction as Defendant’s Charge
For purposes of the CVRA, Article 1 (Felony Article), “[a]n individual who is charged with a crime arising out of the same transaction from which the charge against the defendant arose is not eligible to exercise the privileges and rights established for victims under this article.” MCL 780.752(3).
For purposes of the CVRA, Article 2 (Juvenile Article), “[a]n individual who is charged with an offense arising out of the same transaction from which the charge against the defendant arose is not eligible to exercise the privileges and rights established for victims under this article.” MCL 780.781(3).
For purposes of the CVRA, Article 3 (Misdemeanor Article), “[a]n individual who is charged with a serious misdemeanor, a crime as defined in [MCL 780.752(1)(b)], or an offense as defined in [MCL 780.781(1)(g)] arising out of the same transaction from which the charge against the defendant arose is not eligible to exercise the privileges and rights established for victims under this article.” MCL 780.811(3).
For purposes of the CVRA, Article 1 (Felony Article), and the CVRA, Article 3 (Misdemeanor Article), incarcerated individuals are not eligible to exercise the privileges and rights established for crime victims. MCL 780.752(4); MCL 780.811(4). Incarcerated victims may, however, submit a written statement for the court’s consideration at sentencing. MCL 780.752(4); MCL 780.811(4).
3.Defendants and Juvenile Offenders Prohibited From Exercising Victim’s Rights Under the CVRA
A criminal defendant may not seek to have his or her conviction or sentence set aside on grounds that the victim was not provided a right, privilege, or notice under the CVRA. MCL 780.774; MCL 780.833. See People v Smith (Danny), 180 Mich App 622, 623-624 (1989) (holding that the prosecuting attorney’s failure to give the victim notice of her right to make an oral impact statement at sentencing did not entitle the defendant to resentencing).
Similarly, a juvenile offender may not seek to have a delinquency proceeding set aside on grounds that the victim was not provided a right, privilege, or notice under the CVRA. MCL 780.801.
B.Limitations on Civil Actions for Violations of the CVRA
Crime victims cannot bring civil actions for money damages against certain entities or individuals for a violation of his or her rights under the CVRA. See MCL 780.773, MCL 780.800, and MCL 780.832, which provide for no cause of action under the CVRA against state or local governments.
However, crime victims may have other remedies available to them when a prosecuting attorney, corrections official, or judge violates their rights under the CVRA. See Section 1.5 for additional information.