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Cianos v. Maryland6/6/1995
e (1957, 1992 Repl. Vol., 1994 Cum. Supp.), Art. 27, § 761 (providing guidelines for treatment of and assistance to crime victims and witnesses); Ch. 494 of the Acts of 1982, now codified as amended as Md. Code (1957, 1993 Repl. Vol.), Art. 41, § 4-609(c) (providing, inter alia, for the use of victim impact statements by the court in determining appropriate sentences). Most recently, the Legislature enacted, and the citizens of Maryland ratified, Ch. 102 of the Acts of 1994, now codified as Article 47 of the Maryland Declaration of Rights. This Article establishes a crime victims' bill of rights providing, in pertinent part:
"(a) A victim of crime shall be treated by agents of the State with dignity, respect, and sensitivity during all phases of the criminal justice process.
(b) In a case originating by indictment or information filed in a circuit court, a victim of crime shall have the right to be informed of the rights established in this Article and, upon request and if practicable, to be notified of, to attend, and to be heard at a criminal justice proceeding, as these rights are implemented and the terms 'crime', 'criminal justice proceeding', and 'victim' are specified by law."
The mandate of the people is clear. In response to that mandate, trial judges must give appropriate consideration to the impact of crime upon the victims. An important step towards accomplishing that task is to accept victim impact testimony wherever possible. Therefore, ordinarily a request by the sentencing judge to the victims that they waive their right to address the court as to the impact of the crimes upon them should not be made. Because the petitioners were arguably denied their rights guaranteed by Md. Code (1957, 1992 Repl. Vol., 1994 Cum. Supp.), Art. 27, § 643D(a), they will not be burdened with the payment of court costs in the instant case.
{PA}
Page 414} JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. COSTS IN THIS COURT AND IN THE COURT OF SPECIAL APPEALS TO BE PAID BY BALTIMORE COUNTY.
Disposition
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. COSTS IN THIS COURT AND IN THE COURT OF SPECIAL APPEALS TO BE PAID BY BALTIMORE COUNTY.
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