This page discusses AVCV's program requesting that local jurisdictions in Arizona provide crime victims with a free
copy of their police report.
This page contains the following
information:
Table
Listing Cities that provide a victim a free report
Relevant
Arizona Constitution section
ARS Definition
of "victim"
Relevant ARS
Statutes regarding Public Records
Uniform Crime Reporting -
Definitions
Note: the following crimes are all part one
crimes, we include the definitions for your information.
Part I - Violent
Violent
Crime
Murder
Robbery
Forcible
Rape
Aggravated Assault
Part I -
Property
Property
Crime
Arson
Burglary
Larceny-Theft
Vehicle Theft
Table
Listing Cities that provide a victim a free report
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|
Jurisdiction |
Current Policy |
|
Apache Junction |
Part One Crimes |
|
Avondale |
Part One Crimes |
|
Buckeye |
Part One Crimes, plus all domestic
violence |
|
Casa Grande |
All Crimes |
|
Chandler |
All Crimes plus death reports |
|
DPS |
Assault, DV or serious injury/death
resulting from accident |
| Flagstaff |
Homicide, Rape, Robbery, Aggravated Assault and all death reports are
provided for free to victims or their family members. |
|
Fountain Hills |
All Crimes |
|
Gilbert |
All Crimes |
|
Glendale |
Part One Crimes |
|
Lake Havasu City |
Formal policy – Part One Crimes,
informal policy – all crime victims |
|
Mesa |
All Crimes |
|
Paradise Valley |
Part One Crimes |
|
Payson |
Part One Crimes |
|
Peoria |
Part One Crimes - must request within
one year of offense |
|
Phoenix |
Part One Crimes |
|
Prescott |
All Crimes |
|
Prescott Valley |
Part One Crimes |
|
Safford |
All Crimes |
|
Scottsdale |
All Crimes |
|
Sedona |
Homicide/unattended deaths, sex & agg.
Assault, and traffic accidents resulting in serious injury or death. |
|
Tempe |
Part One Crimes |
|
Tucson |
Part One Crimes |
|
Yuma |
Part One Crimes, Plus Domestic Violence
with injuries |
The Arizona
Constitution, Victims' Bill of Rights states:
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"Section 2.1. (A) To preserve and protect victims' rights to justice and due process, a victim of crime has a right:
1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the
criminal justice process.
7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant."
Definition of a
victim as defined by Arizona Statute:
http://www.azleg.state.az.us/ars/13/04401.htm
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19. "Victim" means a
person against whom the criminal offense has been committed, or if the person is
killed or incapacitated,
the person's spouse, parent, child or other lawful representative, except if the
person is in custody for an offense or is the
accused.
NOTE: The above
definition was modified by the Legislature and Signed into law by the Governor
in 2001. "Spouse, parent, child" has been replaced with "immediate
family," which is a legal definition that includes: "spouse, parent, child,
sibling or grandparent."
To view the Arizona
Public Record Statutes, visit:
http://www.azleg.state.az.us/ars/39/title39.htm
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39-121.01. Definitions;
copies; printouts or photographs of public records
D. Subject to the
provisions of section 39-121.03:
1. Any person may request to examine or be furnished copies, printouts or
photographs of any public record during regular
office hours. The custodian of such records shall furnish such copies, printouts
or photographs and may charge a fee if the
facilities are available, except that public records for purposes listed in
section 39-122 shall be furnished without charge.
2. If the custodian of a public record does not have facilities for making
copies, printouts or photographs of a public record
which a person has a right to inspect, such person shall be granted access to
the public record for the purpose of making
copies, printouts or photographs. The copies, printouts or photographs shall be
made while the public record is in the
possession, custody and control of the custodian thereof and shall be subject to
the supervision of such custodian.
Uniform Crime Reporting -
Definitions
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From "Crime in the United States," 1996 Uniform Crime Reports, U.S. Department
of Justice, Federal Bureau of Investigation: "The Uniform Crime Reporting
Program is a nationwide, cooperative statistical effort of more than 16,000
city, county and state law enforcement agencies voluntarily reporting data on
crimes brought to their attention."
The offenses included are the violent crimes of murder and non-negligent
manslaughter, forcible rape, robbery and aggravated assault and the property
crimes of burglary, larceny-theft, motor vehicle theft and arson.
Part I - Violent
Violent Crime
Murder
Robbery
Forcible Rape
Aggravated Assault
Part I - Property
Property Crime
Arson
Burglary
Larceny-Theft
Vehicle Theft
Violent Crime
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Violent crime is composed of four offenses: murder and non-negligent
manslaughter, forcible rape, robbery and aggravated assault. All violent crimes
involve force or threat of force.
Murder and Non negligent
Manslaughter
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Murder and non-negligent manslaughter, as defined in the Uniform Crime Reporting
Program, is the willful (non-negligent) killing of one human being by another.
Forcible Rape
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Forcible rape, as defined in the program, is the carnal knowledge of a female
forcibly and against her will. Assaults or attempts to commit rape by force or
threat of force also are included; however, statutory rape (without force) and
other sex offenses are excluded.
Robbery
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Robbery is the taking or attempting to take anything of value from the care,
custody or control of a person or persons by force or threat of force or
violence and/or by putting the victim in fear.
Aggravated Assault
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Aggravated assault is an unlawful attack by one person upon another for the
purpose of inflicting severe or aggravated bodily injury. This type of assault
is usually accompanied by the use of a weapon or by means likely to produce
death or great bodily harm. Attempts are included, since it is not necessary
that an injury result when a gun, knife or other weapon is used, which could and
probably would result in serious personal injury if the crime were successfully
completed.
Property Crime
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Property crime includes the offenses of burglary, larceny-theft, motor vehicle
theft and arson. The object of the theft-type offenses is the taking of money or
property, but there is no force or threat of force against the victims. Arson is
included, since it involves the destruction of property; its victims may be
subjected to force.
Burglary
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The Uniform Crime Reporting Program defines burglary as the unlawful entry of a
structure to commit a felony or theft. The use of force to gain entry is not
required to classify an offense as burglary. Burglary in this program is
categorized into three sub-classifications: forcible entry, unlawful entry where
no force is used and attempted forcible entry.
Larceny-Theft
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Larceny-theft is the unlawful taking, carrying, leading or riding away of
property from the possession or constructive possession of another. It's pocket
picking, purse snatching, thefts from motor vehicles, thefts of motor vehicle
parts and accessories, bicycle thefts, etc., in which no use of force, violence
or fraud occurs. In the Uniform Crime Reporting Program, this crime category
does not include embezzlement, confidence games, forgery and worthless checks.
Motor vehicle theft also is excluded from this category inasmuch as it is a
separate Crime Index offense.
Motor Vehicle Theft
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Defined as the theft or attempted theft of a motor vehicle, this offense
category includes the stealing of automobiles, trucks, buses, motorcycles, motor
scooters, snowmobiles, etc. The definition excludes the taking of a motor
vehicle for temporary use by those persons having lawful access.
Arson
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Arson is defined by the Uniform Crime Reporting Program as any willful or
malicious burning or attempt to burn, with or without intent to defraud, a
dwelling house, public building, motor vehicle or aircraft, personal property of
another, etc.
Only fires determined through investigation to have been willfully or
maliciously set are classified as arsons. Fires of suspicious or unknown origins
are excluded.