On November 3, 1992, citizens of Missouri will be asked to decide whether victims should have equal rights in and out of the courtroom. This is their opportunity to change an unequal judicial system. It will be their chance to stop some of the frustration and bitterness forced on already devastated victims of crime.
A judicial imbalance
Criminals have the Miranda warning too protect them if convicted of a crime. What do victims have to protect them? The answer is nothing. They are at the mercy of many people, some more compassionate then others.
For many victims, being in the courtroom helps them come to terms with the death of a loved one, a brutal rape or a theft of precious possessions. It is an emotional washing. However, at present victims are only allowed in the courtroom at the discretion of the judge. Many may be kept out of the courtroom if they have to testify. Our "Criminal-Justice" system guarantees criminals the "Right", the "Constitutional Right" to be present, and to hear all evidence. It is believed victims will change their testimony if allowed in the courtroom. But both the defendant and prosecution are capable of purgery.
More imbalance
Criminals get counseling at state expense. Victims are financially responsible for their own counseling, if they can afford this luxury.
Criminals have all expenses paid before the trial, during the trial, and then we continue to support them, indefinitely. Victims pay all expenses incurred at the trial as well as trying to support themselves in the future. If they have handicaps due to the crime, this too is their problem; not to mention the mental turmoil that goes on forever.
Criminals are appointed a defense attorney to represent them in court. However, the prosecution does NOT represent the victim. The prosecution represents the state. It is NOT a crime against the victim, but against the state.
Criminals have the option of testifying, if it is in their best interest. Victims are supoened to testify on behalf of the state, thereby being victimized by the very system that was established to protect them. Think about what a rape victim goes through in the courtroom.
Even more imbalance
Criminals are informed of hearings, the trial and all appeals. Victims have the right to know, if they have the means of finding out, when these events take place. This is done on their own in many counties. They may appear at a hearing only to find it has been postponed. Again, they lose time from work for nothing.
Criminals have character witnesses to speak on their behalf in court. Victims characters are seldom mentioned unless it is to demean them.
Criminals have a right to appeal if they are dissatisfied with the verdict. Victims live with the frustration and agony that no one cares. Many experience an abnormal grief known as Post-Tramatic Stress Disorder (PTSD).
Statute does not work
Why a constitutional amendment versus a statute? We already have a statute. It is NOT working. Only 10 out of 155 counties are seeing to the needs of victims. Statutes can be easily changed, amendments cannot. In order to have EQUAL justice for all, we have to have equal rights for both the criminal and the victim.
Though the constitutional amendment will not solve all the problems, it is a step in the right direction.
Our forefathers created a Constitution knowing it would be a guideline for us to follow. It was a means of establishing laws when mankind disobeyed God's original law, "Love thy neighbor as thyself."
We, the people, can not continue to complain about the injustice in our society when it is within our capacity to change incomplete laws. Remember, one out of every three people will be victimized this year. How would you prefer to be treated?
DO WE CONTINUE TO VICTIMIZE THE VICTIM IN THE NAME OF JUSTICE? IS IT TRULY A CRIMINAL-JUSTICE SYSTEM? ISN'T IT TIME TO GIVE BACK TO THE VICTIM WHAT THE CRIMINAL TOOK AWAY? ISN'T IT TIME FOR VICTIM'S RIGHTS?
PLEASE, vote yes on November 3, 1992. Let's put an end to the violence.
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