(ATTORNEY)

(BAR ID)

(ADDRESS)

(TELEPHONE)

Attorney for Crime Victim

Arizona Voice for Crime Victims

IN THE (COURT) COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF (COUNTY)

_________________

STATE OF ARIZONA,                                 )         No. CR (CASE NUMBER)

                                                                       )

                                Plaintiff,                           )         MOTION IN OPPOSITION TO

                                                                       )         FILMING CRIME VICTIM

vs.                                                                  )         TESTIMONY

                                                                       )        

(DEFENDANT)                                             )        

                                                                       )        

                                Defendant,                       )         (Assigned to the Honorable (Judge)

                                                                       )

                                (VICTIM)                       )        

                                Crime Victim                   )

 

(VICTIM), the Crime Victim, by and through undersigned counsel, hereby moves the court to deny permission to film crime victim testimony based on the legal authority and the reasons set forth in the attached Memorandum of Points and Authorities.

 

Respectfully submitted this _______ day of ________________, _____.

 

                                                           By                                                                    

                                                           (ATTORNEY) (BAR ID)

                                                           Attorney for Crime Victim

                                                           Arizona Voice for Crime Victims


 


MEMORANDUM OF POINTS AND AUTHORITIES

 

I.          STATEMENT OF FACT

[Type Statement of Fact for MOTION IN OPPOSITION TO FILMING CRIME VICTIM TESTIMONY here.]

II.        LAW AND ARGUMENT

Arizona Supreme Court Rule 122 governs the use of cameras in Arizona Courts. Camera coverage of all, or any part, of a court proceeding is within the sole discretion of the judge of the particular proceeding. ASCR 122(b). The rule directs the judge to take into account the following factors, among others:

“The impact of coverage upon the right of privacy of any party or witness; the impact of coverage upon the safety and well-being of any party; the likelihood that coverage would distract participants or would detract from the dignity of the proceedings.” ASCR 122(b)(ii) and (iv).

In the context of Arizona law, victims stand apart from other witnesses. The dignity of the crime victim has such an important place in the state of Arizona that victims have been granted constitutional and statutory rights. Ariz. Const. Art. II, §2.1(1) provides: “A victim of crime has a right . . . to be treated with fairness, respect and dignity, and to be free from intimidation, harassment or abuse throughout the criminal justice process.”

Protecting the dignity of the crime victim is the central principle that underlies victims’ constitutional and statutory rights. See Douglas E. Beloof, “The Third Model of Criminal Process: The Victim Participation Model,” 99 Utah Law Review v. 4. Forcing a crime victim to be filmed against his or her will is an action in violation of the principle of protecting the dignity of the crime victim.

Having already suffered the indignity of the crime, the crime victim should not be required by the court to lose what little privacy accompanies public prosecution.

III.       CONCLUSION

[Type conclusion here] Therefore, in order to preserve the dignity of the criminal proceedings and to ensure that the victim is treated with dignity, the motion, through his/her undersigned counsel, hereby moves to oppose the filming of the victim’s testimony.

 

Respectfully submitted this _______ day of ________________, _____.

 

                                                           By                                                                    

                                                           (ATTORNEY)

                                                           Attorney for Crime Victim

                Arizona Voice for Crime Victims