What About The Victims?

There are certain "rights" in place to protect people when they are facing criminal charges. One of those is a "right to a speedy trial".  A strong philosophy that goes along with those who are charged with a crime is "innocent until proven guilty".

But what about the victims? You remember, the ones who have suffered physical, emotional, financial harm at the hand of someone else. And sometimes that harm is irreparable.

Recently I have attended two court cases and I am aware of a third where I'm not sure the victims are being considered much at all. I have watched two cases where family members have lost someone who they cannot ever get back. And all due to the "alleged" actions of someone else.

I've seen the pain in their eyes. Heard the pain in their voices.

And while those charged with being responsible have been given the right to a speedy trial - it is not what some have taken. In fact, by the time some of the defendants in the cases are ever taken to an actual trial, the victims will have been gone for more than two years. Is that speedy?

It is being drug out because of the many motions, etc., of attorneys for the defendants in the case, while the victims' families are subjected to prolonged hurt. Reliving their losses over and over again.

So, the defendants are getting what they ask for, but what about the ones who are mourning?

In another case it has taken eight months to make arrests. This in spite of the fact their identities have been known since day one. Having worked in law enforcement before, I know it takes time and it is important to have all your "ducks in a row" to have a strong case. However, as I have sat back and watched this case unfold, I have many questions myself as to how it is being and has been handled.

Law enforcement has a tough job. The court systems have a tough job. But sometimes, I think it should not be as hard as it becomes when you are talking about bringing those responsible to justice.

The third case involves someone who comes from a prominent family who has had more than one DUI charge and was facing a myriad of other charges including domestic abuse, assault and battery, leaving the scene of an accident, kidnapping, robbery, etc. Guess what? Many of the charges were dismissed and/or dismissed with only fines having to be paid.

Are we in the twilight zone?

Why does it seem those who perpetuate crimes are those who are given more consideration than those who they have "allegedly" caused harm to?

What happened to the rights of the victims?

At least one of the recent cases found the victim being told they didn't need to come to court. The victim attended anyway and found some plea deals had been arranged.

Problem - they wouldn't have found out until after the fact if they had not attended the hearing.

So what are a victims' rights when it comes to plea bargains?

According to the site Victims for Justice, "victims have the right to be notified of the plea before it is submitted to the defense. If the prosecutor has made reasonable attempts to contact the victim and they were unable to do so, the prosecutor may move ahead with the offer."

The site further explains that victims also have the right to confer. "Victims have the right to discuss the plea with the prosecuting attorney and express how they feel about the plea offer."

However, victims do not have the right to prevent a plea bargain from being offered. So even if the victim is not in agreement, the prosecution can make the offer. Or, if the victim wants them to offer a plea, the prosecution also has the right to not offer one.

I would hope that even if a prosecutor did not have to agree or disagree with the victim or victim's family, they would at least consider their feelings and discuss with them why they were not going to abide by their wishes. It's called consideration for those who have already been harmed.

What exactly is a plea deal or bargain?

These can happen, according to Victims for Justice,  "when the defendant pleads guilty or no contest to their crimes. In exchange for taking a plea, they often receive reduced charges and/or a reduced sentence. Once a defendant takes a plea, the case is closed."

According to the Oklahoma Constitution Article 2, § 34, victims have certain rights. One of those according to this article is that "upon request, (a victim is) to be notified and to be present at all proceedings involving the criminal or delinquent conduct, to be heard in any proceeding involving release, plea, sentencing, disposition, parole and any proceeding during which a right of the victim is implicated."

In Kansas K.S.A. 74-7333, Bill of Rights for Victims of Crime addresses victims' rights. Kansas State Constitution - Article 15, Section 15 – Victims’ Rights states: "Victims of crime as defined by law shall be entitled to certain basic rights, including the right to be informed of and be present at, public hearings, as defined by law, of the criminal justice process, and to be heard at sentencing or at any other time deemed appropriate by the court, to the extent that these rights do not interfere with the constitutional rights of the accused."

So, my question is still - what about the victims? If laws like these are in place, why are they not always being utilized? It is important to ensure fairness for the accused to make sure they are truly guilty. But it is just as important to ensure the rights of the victim and/or their families are protected as well.

It's not rocket science.