The Intersection of Victimization in Process Serving
- June 02, 2014
- by Steve Glenn
- Associations
Colorado Victim's Rights Act Legislative Declaration
All victims and witnesses to crimes are to be honored and protected by law enforcement agencies, prosecutors and judges in a manner no less vigorous than the protection afforded criminal defendants.
With a focus on the rights, process servers have regarding self-defense, Public Policy Director for the Colorado Coalition Against Domestic Violence Amy Miller discusses the intersection of victimization and process service.
The Victim Rights Amendment Guarantees the following rights for victims:
- To be treated with fairness, respect, and dignity
- To be informed of and present at all critical stages of the criminal justice process
- To be free from intimidation, harassment, or abuse, and the right to be informed about what steps can be taken if there is any intimidation or harassment by a person accused of or convicted of the crime or anyone acting on the person's behalf
- To be present and heard regarding bond reduction, continuances, acceptance of plea negotiations, case disposition, or sentencing
- To consult with the district attorney prior to any disposition of the case or before the case goes to trial and to be informed of the final disposition of the case
- To prepare a Victim Impact Statement and to be present and/or hear sentencing
Miller's discussion also touched on domestic violence situations and what drives people in those scenarios.
Victimization and Process Servers
Since the work that process servers do does not currently afford further protection from assault, attacks against them are categorized into one of the four different levels of assault in Colorado:
- Assault in the first degree (18-3-202, C.R.S.)
- Assault in the second degree (18-3-203, C.R.S.)
- Assault in the third degree (18-3-204, C.R.S.)
- Vehicular assault (18-3-205, C.R.S.)
Miller says that process servers put themselves in a greater number of situations that create a risk of possible assault than the average individual. Although there aren't any enhancers based on the occupation, she also stresses that when a process server is victimized in this way there are protections in place.
Process servers, even though you're basically engaging in a public service, you're not considered public servants [in the state of Colorado].
Amy Miller, Public Policy Director for CCADV
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