Mississippi Code
Miss. Code Ann. § 99-36-5 (2026)
Rights of victim, guardian of victim, or close relative of deceased victim within criminal justice system
✓ current as of July 2026
- (1) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the criminal justice system:
- (a) The right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts, including, but not limited to, the filing of criminal charges where the perpetrator is known;
- (b) The right to have a circuit or county court judge take the safety of the victim or his family into consideration as an element in fixing the amount of bail for the accused;
- (c) The right to be informed of relevant court proceedings and to be informed if those court proceedings have been canceled or rescheduled prior to the event;
- (d) The right to be informed, when requested, by the district attorney's office concerning the general procedures in the criminal justice system, including general procedures in guilty plea negotiations and arrangements;
- (e) The right to provide a victim impact statement prior to any sentencing of the offender; and
- (f) The right to receive information regarding compensation to victims of crime as may be provided by law.
- (2) A victim, guardian of a victim or close relative of a deceased victim has the right to be present at all public court proceedings related to the prosecution of the accused, consistent with the rules of evidence.
- (3) A judge, attorney for the state, peace officer or law enforcement agency is not liable for a failure or inability to provide a right enumerated in this chapter. The failure or inability of any person to provide a right or service enumerated in this chapter may not be used by a defendant in a criminal case as a ground for appeal. A victim, guardian of a victim, or close relative of a deceased victim does not have standing to participate as a party in a criminal proceeding or to contest the disposition of any charge.
Laws, 1987, ch. 467, § 3; reenacted and amended, Laws, 1990, ch 486, § 3; reenacted, Laws, 1993, ch. 331, § 3, eff. 3/12/1993.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2017–2024 · leading case: John Cathcart v. Kenneth Fairly, 227 So. 3d 1176 (Miss. Ct. App. 2017).
John Cathcart v. Kenneth Fairly, 227 So. 3d 1176 (Miss. Ct. App. 2017). “” Miss. Code Ann. § 99-36-5 (3) (Rev. 2015).”
In Re: Death Investigation of Christian Andreacchio, The Est. of Christian Andreacchio (Miss. 2024). “3 § 99-36-5(3) (Rev. 2020). The statute clearly prevents the Estate from acting as a party and from contesting the district attorney’s decision not to pursue further charges.”
Miss. Code Ann. § 99-36-5(3): 1 case
In Re: Death Investigation of Christian Andreacchio, The Est. of Christian Andreacchio (Miss. 2024). “3 § 99-36-5(3) (Rev. 2020). The statute clearly prevents the Estate from acting as a party and from contesting the district attorney’s decision not to pursue further charges.”
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