AMENDMENT GIVES BASIC RIGHTS TO VICTIM FAMILIES

At the foundation of the American criminal justice system is fairness. But sometimes the system tries so hard to be fair to the accused that it neglects victims. Victims of crime need their day in court, too. On Nov. 3, voters will consider a victims' advocacy measure. Amendment 4 is worthy of your support.

Today, the court provides adequate leniency to families of the accused. In court, they can plead to the jury for mercy. They can tell of the hardships their family member has endured.

Victims' families, on the other hand, must remain silent. They have no such access to the jury to tell of their shattered lives. Many times, family members are kept out of the courtroom if they have to testify. The families are too often victimized by the very system that is supposed to protect them.

Such was the case with Sarah Froemsdorf of Perryville, who is now leading the push for passage of Amendment 4. Her husband, a nine-year veteran of the state highway patrol, was shot four times during a routine traffic stop. She watched as the family of Jerome Mallett, the man convicted of first degree murder, wept on the stand and pleaded for mercy. She and her three young daughters were warned that any display of emotion in court could result in a mistrial.

This amendment would provide basic rights to victims' families. It would guarantee families the right be informed and be present at criminal proceedings, the right of restitution, speedy disposition of their cases and reasonable protection from the defendant.

Those accused of a crime in Missouri have many basic rights: They have a right to an attorney, medical attention and psychological counseling, all provided by the state. They can request a change of venue and negotiate a lesser sentence. If convicted, they are eligible for medical and psychological treatment, job training and many rehabilitation programs.

In contrast, the services available to the families of victims are few and far between. They must pay for their own medical and psychological treatment and economic losses. Often, they are not informed of the progress of their case. They are subject to vigorous cross-examination and have no rights of appeal. They have no say in pleas or sentencing and are often not present when the sentencing takes place. The prosecution represents the state, not the victims' families.

By helping victims' families, you may be helping a neighbor or even yourself. The statistics are staggering. According to the Missouri attorney general's office, a Missourian becomes the victim of a violent crime every 14 minutes. Every 19 hours, someone in Missouri is murdered. Every five hours, someone is raped. Every 22 minutes, a Missourian is assaulted.

Don't be fooled. Victim rights will not infringe upon rights of the accused, which are already guaranteed by our constitution. Judges still have the final say in setting bail, plea agreements and sentencing. This amendment will not give victims undo power in court proceedings.

What this measure will give are some basic guarantees to victims' families. A constitutional amendment is needed because a state statute already in place is not working. Only 10 of Missouri's 114 counties have victims' advocate services through county prosecuting attorneys offices. The accused deserve their rights, but so do the victims of crime. They have suffered enough. We must stop the system from victimizing them a second time. Citizens should vote "Yes" on Amendment 4.