18 U.S.C. § 3771 : US Code - Section 3771: Crime victims' rights

      (a) Rights of Crime Victims. - A crime victim has the following
    rights:
        (1) The right to be reasonably protected from the accused.
        (2) The right to reasonable, accurate, and timely notice of any
      public court proceeding, or any parole proceeding, involving the
      crime or of any release or escape of the accused.
        (3) The right not to be excluded from any such public court
      proceeding, unless the court, after receiving clear and
      convincing evidence, determines that testimony by the victim
      would be materially altered if the victim heard other testimony
      at that proceeding.
        (4) The right to be reasonably heard at any public proceeding
      in the district court involving release, plea, sentencing, or any
      parole proceeding.
        (5) The reasonable right to confer with the attorney for the
      Government in the case.
        (6) The right to full and timely restitution as provided in
      law.
        (7) The right to proceedings free from unreasonable delay.
        (8) The right to be treated with fairness and with respect for
      the victim's dignity and privacy.

      (b) Rights Afforded. - 
        (1) In general. - In any court proceeding involving an offense
      against a crime victim, the court shall ensure that the crime
      victim is afforded the rights described in subsection (a). Before
      making a determination described in subsection (a)(3), the court
      shall make every effort to permit the fullest attendance possible
      by the victim and shall consider reasonable alternatives to the
      exclusion of the victim from the criminal proceeding. The reasons
      for any decision denying relief under this chapter shall be
      clearly stated on the record.
        (2) Habeas corpus proceedings. - 
          (A) In general. - In a Federal habeas corpus proceeding
        arising out of a State conviction, the court shall ensure that
        a crime victim is afforded the rights described in paragraphs
        (3), (4), (7), and (8) of subsection (a).
          (B) Enforcement. - 
            (i) In general. - These rights may be enforced by the crime
          victim or the crime victim's lawful representative in the
          manner described in paragraphs (1) and (3) of subsection (d).
            (ii) Multiple victims. - In a case involving multiple
          victims, subsection (d)(2) shall also apply.

          (C) Limitation. - This paragraph relates to the duties of a
        court in relation to the rights of a crime victim in Federal
        habeas corpus proceedings arising out of a State conviction,
        and does not give rise to any obligation or requirement
        applicable to personnel of any agency of the Executive Branch
        of the Federal Government.
          (D) Definition. - For purposes of this paragraph, the term
        "crime victim" means the person against whom the State offense
        is committed or, if that person is killed or incapacitated,
        that person's family member or other lawful representative.

      (c) Best Efforts To Accord Rights. - 
        (1) Government. - Officers and employees of the Department of
      Justice and other departments and agencies of the United States
      engaged in the detection, investigation, or prosecution of crime
      shall make their best efforts to see that crime victims are
      notified of, and accorded, the rights described in subsection
      (a).
        (2) Advice of attorney. - The prosecutor shall advise the crime
      victim that the crime victim can seek the advice of an attorney
      with respect to the rights described in subsection (a).
        (3) Notice. - Notice of release otherwise required pursuant to
      this chapter shall not be given if such notice may endanger the
      safety of any person.

      (d) Enforcement and Limitations. - 
        (1) Rights. - The crime victim or the crime victim's lawful
      representative, and the attorney for the Government may assert
      the rights described in subsection (a). A person accused of the
      crime may not obtain any form of relief under this chapter.
        (2) Multiple crime victims. - In a case where the court finds
      that the number of crime victims makes it impracticable to accord
      all of the crime victims the rights described in subsection (a),
      the court shall fashion a reasonable procedure to give effect to
      this chapter that does not unduly complicate or prolong the
      proceedings.
        (3) Motion for relief and writ of mandamus. - The rights
      described in subsection (a) shall be asserted in the district
      court in which a defendant is being prosecuted for the crime or,
      if no prosecution is underway, in the district court in the
      district in which the crime occurred. The district court shall
      take up and decide any motion asserting a victim's right
      forthwith. If the district court denies the relief sought, the
      movant may petition the court of appeals for a writ of mandamus.
      The court of appeals may issue the writ on the order of a single
      judge pursuant to circuit rule or the Federal Rules of Appellate
      Procedure. The court of appeals shall take up and decide such
      application forthwith within 72 hours after the petition has been
      filed. In no event shall proceedings be stayed or subject to a
      continuance of more than five days for purposes of enforcing this
      chapter. If the court of appeals denies the relief sought, the
      reasons for the denial shall be clearly stated on the record in a
      written opinion.
        (4) Error. - In any appeal in a criminal case, the Government
      may assert as error the district court's denial of any crime
      victim's right in the proceeding to which the appeal relates.
        (5) Limitation on relief. - In no case shall a failure to
      afford a right under this chapter provide grounds for a new
      trial. A victim may make a motion to re-open a plea or sentence
      only if - 
          (A) the victim has asserted the right to be heard before or
        during the proceeding at issue and such right was denied;
          (B) the victim petitions the court of appeals for a writ of
        mandamus within 14 days; and
          (C) in the case of a plea, the accused has not pled to the
        highest offense charged.

      This paragraph does not affect the victim's right to restitution
      as provided in title 18, United States Code.
        (6) No cause of action. - Nothing in this chapter shall be
      construed to authorize a cause of action for damages or to
      create, to enlarge, or to imply any duty or obligation to any
      victim or other person for the breach of which the United States
      or any of its officers or employees could be held liable in
      damages. Nothing in this chapter shall be construed to impair the
      prosecutorial discretion of the Attorney General or any officer
      under his direction.

      (e) Definitions. - For the purposes of this chapter, the term
    "crime victim" means a person directly and proximately harmed as a
    result of the commission of a Federal offense or an offense in the
    District of Columbia. In the case of a crime victim who is under 18
    years of age, incompetent, incapacitated, or deceased, the legal
    guardians of the crime victim or the representatives of the crime
    victim's estate, family members, or any other persons appointed as
    suitable by the court, may assume the crime victim's rights under
    this chapter, but in no event shall the defendant be named as such
    guardian or representative.
      (f) Procedures To Promote Compliance. - 
        (1) Regulations. - Not later than 1 year after the date of
      enactment of this chapter, the Attorney General of the United
      States shall promulgate regulations to enforce the rights of
      crime victims and to ensure compliance by responsible officials
      with the obligations described in law respecting crime victims.
        (2) Contents. - The regulations promulgated under paragraph (1)
      shall - 
          (A) designate an administrative authority within the
        Department of Justice to receive and investigate complaints
        relating to the provision or violation of the rights of a crime
        victim;
          (B) require a course of training for employees and offices of
        the Department of Justice that fail to comply with provisions
        of Federal law pertaining to the treatment of crime victims,
        and otherwise assist such employees and offices in responding
        more effectively to the needs of crime victims;
          (C) contain disciplinary sanctions, including suspension or
        termination from employment, for employees of the Department of
        Justice who willfully or wantonly fail to comply with
        provisions of Federal law pertaining to the treatment of crime
        victims; and
          (D) provide that the Attorney General, or the designee of the
        Attorney General, shall be the final arbiter of the complaint,
        and that there shall be no judicial review of the final
        decision of the Attorney General by a complainant.