Uncategorized

Time to Aid Victims of Crime

Click to see original imageA persistent call for changes in the criminal justice system to strengthen “victim’s rights” is gaining momentum in America. “Since the infamous U.S. Supreme Court Miranda decision, many citizens have had reason to ask whether the law is meant to protect the innocent or the guilty,” said the Arizona Republic in an editorial. “The criminal justice system,” declared U.S. Attorney General William French Smith, “has tilted too decidedly in favor of the rights of criminals and against the rights of society.” And Rep. Eldon Rudd, RAriz. remarked: “If our judicial system is to be credible, we need to stop legislating escape loopholes for the guilty and staft recognizing the rights of jieir victims.” in Congress, the Victim Protection Act of 1982, cosponsored by three Republican senators – Orrin G. Hatch of Utah, Paul Laxalt of Nevada and H. John Heinz of Pennsylvania – has been made part of an omnibus bill now under consideration. The measure requires a judge to review the effects of a crime upon the victim before sentencing a criminal. and to order a criminal to reimburse his victim for losses suffered, or prove why restitution should not be made. Another feature provides that no criminal convicted of a federal crime should profit from TV interviews, books, movies or other notoriety related to his crime until all victims are compensated for damages. Also in the omnibus bill is a measure to drastically limit use of the insanity defense in federal criminal cases. holding the defendant responsible if he “knew he was shooting at a human being to kill him.” The Reagan Administration has endorsed the provision, sponsored by Senator Hatch. Atty. Gen. Smith told the Senate Judiciary Committee the bill “would effectively eliminate the insanity defense . , . except in those rare cases in which the defendant lacked the state of mind required as an element of the offense.” The victim protection measure, including the insanity defense revision, would be a positive step toward alleviating damaging effects to innocent persons. It also would serve as a warning to would-be criminals of the increased liabilities. The Herald believes legislation of this kind is needed and should be passed.