Some post-conviction relief attempts argue that a defendant was not adequately represented in the criminal case that led to a conviction. Mostly, these efforts are about fairness – they argue that the defendant was not treated fairly during trial or that a plea agreement was unfair. As a result, it is common for defendants to focus on their role in the case, how things went wrong and how they believe it should be corrected.
However, victims also have a role to play in post-conviction relief attempts. This aspect of post-conviction relief may not be something that petitioners think about that often, but victims’ rights can affect these efforts.
Victims’ rights
For example, victims have the right to be notified whenever the defendant petitions for post-conviction relief. Victims will also be notified if a hearing is set in the case and, if the hearing is public, victims have the right to attend hearings. In fact, the victim’s desire to attend the hearing is taken into account when scheduling it. Victims can also inspect the public record that will be a part of the post-conviction relief decision process. In many cases, victims are also permitted to submit written statements or make oral statements at hearings. And, of course, victims will be informed about the decision in the post-conviction relief effort.
When Oregon residents are applying for post-conviction relief, they want to make sure that everything is in good order and persuasive so that the effort is successful. It is important to remember the role of victims’ rights in the post-conviction relief process.