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Cry Me A River
I read an article this week, with much amusement I might add, about some criminal defense attorneys being upset concerning this year's legislative session. Apparently, they are convinced that the Prosecutors in the State are getting more attention than they are and they expect them (the Prosecutors) to get everything this year. Ahh, isn't that just terrible? How could this be? Surely, we have not gotten to the point where our lawmakers are actually paying more attention to the crime victims instead of the defendants. As the old saying and more recent song goes…"Cry Me A River!"
The truth is that this new found attention is long overdue. Crime victims' rights have taken a back seat to those rights afforded defendants for years. Most rational people will agree that the rights of the accused are rights that are not negotiable. There is little doubt that all of us would rely on those very same rights should we find ourselves accused of a crime. But, this debate is not about weakening the rights of the accused, we are talking about strengthening the rights of the victim. We are not asking for the victims to have more rights than the defendant, we are simply suggesting that they should have equal rights to those of the accused. The very same rights that we guarantee to some of the most vile people in this country, everyday, in courtrooms across our nation.
The truth is that before 1995, when the Victims' Bill Of Rights became law in Georgia, the crime victim was virtually left out of the system. With the rare exceptions whereby the victim's testimony was imperative to the case, the victim often never even knew that the case had received a final disposition. It was not unusual for defendants to be released on bond without the victims being notified. It was not unusual for the crime victim to read about a plea in the paper at the same time everyone else did. There was little in place concerning victim notification. The defendant certainly knew about every step of the process while the victim read it in the paper. The Victim's Bill Of Rights, which requires many things such as mandatory notification, was a great first step but there is still along way to go.
This year Prosecutors are asking for equal jury strikes in the courtroom during the jury selection process. Defense attorneys claim that this would create unfairness to the defendant. How is that? In the current process, the defense gets twice as many strikes as the State when selecting a jury. And that's fair because….? Other proposed legislation would require that after a conviction, the defendant be required to compensate the victim based on the damages incurred in the act of the crime. No matter how long it takes! And again, that's unfair because…?
This new found attention is based on a victim's movement that is demanding equal rights and representation in our courtrooms. It is a well orchestrated machine that is getting the attention of public officials, judges, and finally…lawmakers. The tears being shed by defense attorneys may be well intended, but will probably get little attention. However, crime victims actually might be a little empathetic with the defense attorney's new found discomfort. After all, they've been there, and been there, and been there, and got the T-Shirt. Maybe we can now actually say, "And Justice for All" without smirking!
For further information, visit www.voice4victims.com
If you are interested in having Mr. Hall speak at your next club or group meeting, please email contact information to:
SHallBadgeNotes@aol.com
020505
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