Victims’ rights often overlooked

If you pay much attention to court proceedings then you know it seems the defendant is afforded all the luxuries while the victims are left to be victimized all over again by the system.

In addition to basic constitutional rights, we see defendants given the benefit of the doubt at every turn as the system is designed to err on the side of caution, all the while asking the victims of crime to be patient and allow the law to take its own winding path in obtaining justice. Generally, what we’re left with is some unrepentant criminal, who will never hit a lick at anything, victimizing a law-biding citizen only to suck thousands of dollars out of our system for defense when everyone knows he’s guilty in the first place. In the end, he’ll be sent off to the penitentiary where a parole board will do its best to turn him loose to repeat his crimes before he even gets his own prison jump suit.

Pretty bleak picture, huh? And we say our system is the best in the world? I think the people who are saying that are the people who are making money off our revolving door system, not the victims who are left holding the bag. Sure, it’s three strikes, you’re out ‘ out of jail, that is.

With that said, here’s something we aren’t supposed to know. Whether you realize it, you, as a victim of crime, have rights just as real and as concrete as any criminal. Actually, it’s written into the Tennessee Constitution, buried deep within the document in Section 35, entitled rights of victims of crimes. There are eight of these specific rights, all of which you are entitled to.

First, you have the right to confer with the prosecution. When you are victimized, the state of Tennessee becomes your lawyer. It’s not whether the state cares to hear your opinion of your case, it’s required under the constitution. It’s your right, point to it in the state constitution and insist on it.

Second, you as a victim have the right to be free from intimidation, harassment and abuse throughout the criminal justice system.

Third, you have the right to be present at all proceedings where the defendant has the right to be present. I’ve always said, if you care, you need to be at all preliminary hearings all the way up to sentencing.

Fourth, you have the right to be heard, when relevant, at all critical stages of the judicial process. This means if you want to speak on your case during court as a victim, you have a right to voice your feelings before the court. If you don’t like the plea bargain, tell the judge. I’ve noticed judges will give a lot of weight to a victim’s feelings if the victim voices that concern. It’s too late after the agreement is accepted.

Fifth, you have the right to be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person. This means you should make sure prosecutors and lawmen know where to find you and know that you are interested in attending your case. Make sure to let the Department of Corrections knows you are also interested in parole hearing dates.

Sixth, you have the right to a speedy trial and prompt final conclusion of a case after conviction or sentence. Sometimes it gets lost in the cracks that the victim also has a right to have legal proceedings move along at more than a snail’s pace.

Seventh, you have the right to get restitution from the offender. Take every dollar he’ll ever make if you have to. Don’t let them tell you the state can’t get restitution. It’s your right.

And eighth, you have the right to be informed of each of these rights.

Folks, these rights are all yours; all you have to do is insist on them. Hey, when a criminal has his rights violated he or she screams it to the top of the rafters. The same should be true for victims of crime.

Duane Sherrill is a reporter for the Standard. He can be reached at 473-2191 or by e-mail at [email protected].