VICTIMS' BILL OF RIGHTS WORKS TO ACHIEVE REAL JUSTICE

Victims never choose to be victims. Criminals choose to commit a crime. And while criminals have very specific rights afforded them, victims often find themselves brutalized by the very system that's supposed to protect them. Victims have no right of appeal. Enter the Crime Victims' Bill of Rights.

It was one year ago this week that Missourians approved this constitutional amendment. This new law has helped Missouri to make strides in victims' rights.

The amendment guarantees the victim the right to be informed and to be present at criminal proceedings. Other guarantees include: the right to restitution; protection from the defendant; the right to speedy disposition of their cases; and the right to be informed of the escape or release of the defendant.

County prosecutors are discovering the bill carries considerable paperwork, as victims must be notified of the various court dates. For example, about 1,500 cases move through the Cape Girardeau County prosecutor's office annually, and the majority of these cases involve some sort of victim. But it's paperwork that can make a real difference in people's lives.

Cape Girardeau County was fortunate to have a crime victim advocacy system already in place before passage of the law. Bettie Knoll has filled that position since 1985, and as such the local program exceeds state regulations in many respects. Many counties had to begin this process from scratch.

Cape County Prosecuting Attorney Morley Swingle says the law also gives some "teeth" to the provision that allows judges to deny bond in cases where the defendant poses a threat to the victim.

Local representatives are trying to come up with a procedure to notify victims when criminals are released from prison. So far, this process has been slow going from the state's point of view. The Missouri Board of Probation and Parole has tentatively agreed to notify victims once they are given information about the criminal's release.

The Crime Victim's Bill hasn't provided instantaneous results. It's an educational process for local law enforcement officials and the victims themselves. But Sarah Froemsdorf of Perryville, who helped spearhead the state drive for the legislation, feels progress has been made.

She is familiar with the pain and suffering of crime victims. Her husband was a nine-year veteran of the State Highway Patrol. He was shot and killed on a routine traffic stop in Perry County.

She and her three young daughters were warned that any sign of emotion could result in a mistrial. The family of the killer, Jerome Mallett, wept on the stand and pleaded for mercy. He was convicted of first degree murder in March 1986. He is on death row at the Potosi Correctional Center.

She lobbied long and hard for the amendment, making frequent trips to Jefferson City to testify in 1990, 1991 and 1992. Today's victims can thank their extended rights to the hard work of this courageous woman.

Prior to the amendment's passage, only 10 counties out of 114 had victim advocate services through prosecuting attorney offices, and funds to pay back victim losses were scarce. Needless to say that prior to the amendment's passage, victims' rights often fell to the end of the line.

The Crime Victims' Bill of Rights works to balance victims' rights with those of the defendants. It will take some time for all elements of the bill to be fully implemented. But the first year has reflected some new attitudes and procedures. This amendment will help our criminal system achieve real justice.