Show Victim of crime bill gives protection of rights By US Senator Jake Garn GarnIn In my fifteen years in public life I have never heard anyone come out In favor of crime Everyone is against crime crimi and most politicians are willing to give a speech telling just how opposed to It they are In this regard crime too much resembles the weather everyone talks about It but nobody does doos anything about it There are four major reasons that so little is done to reduce crime First no noone noone one Is sure what needs to be done In fact we seem to know more about the weather than about crime and criminals The alleged experts are in disarray Earlier this month for example a major study on juvenile delinquency claimed to show a relationship between working and delinquency Earlier studies had found just the opposite Second progress usually costs money so criminal justice initiatives must com com- compete compete pete with all other demands for public money from health care to roads Third most national politicians con con- concede concede cede that crime is primarily a state and local matter Our system of government does not thankfully lend itself to na- na national national police departments or programs Finally and perhaps the most important important tant recent factor federal courts have created an array of rules that can defeat the best intentioned best intentioned state legislature and police departments None of us of course wants police officers beating con con con- confessions out of people but we have gone far far beyond that kind of constitutional protection Freely given confessions are now thrown out of court because the defendant was more determined to con con- confess confess fess his crime than obtain a lawyer The situation serIous as it is is not hopeless and there are examples of pro pro- progress progress gress around the country Grass roots pressure has been responsible for reforming ming drunk driving laws in a number of states Drinking ages have been raised penalties stiffened and enforcement boosted and the results are already noticeable At the professional level the work of various strike forces and career criminal projects has helped focus law enforcement resources on those in- in individuals individuals who commit the most violent and the most st costly crimes Here in Con Con- Congress gress Increased attention Is being paid to the most neglected individuals In the criminal justice system the victims On August 19 1982 the Senate Judiciary Committee approved a bill S 2420 to help define and protect the rights of victims In its report the Committee summarized the situation facing the vic vic vic- victim tim who reports a crime While the defendant in a federal criminal proceeding is provided with counsel to explain to him both the criminal justice process and his rights as asa a defendant the victim has no assistance and few rights The victim does not usually receive Information regarding the status of the case is not notified when the defendant Is ap- ap apprehended apprehended or released on ball bail and is not consulted before important decision are 4 made such as whether to dismiss the case or to reduce the charges through plea bargaining Moreover the victim or witness who cooperates with the pro pro- prosecutor often orten does so at his own risk S 2420 will help victims only In the federal criminal justice system but It should serve as a model for the states to follow and In fact Is based on the ex- ex experience of a handful of states As reported from the Judiciary Committee the bill will Require the sentence pre report to contain a description of the impact that the crime had on the victim Increase the protection that witnesses informants and victims have against intimidation Permit judges to impose orders for restitution and if restitution is not notS S ordered require the judge to state his reasons for Cor the refusal I Make the federal government civil civil- civilly civilly ly liable for Injuries and property losses i caused by persons who escape or are from federal custody If the r ther governments government's agents acted In a gross ly negligent manner j Require the Attorney General to r develop guidelines for Cor the fair treatment of witnesses and victims in the federal system and further require him to toI I report to Congress on any laws necessary to prevent any federal felon from Crom profiting from his crime because of notoriety for example If he writes a book until the vi tims tim's rights to r tion are determined f This bill which I am happy to cosponsor sor may result In bringing more moret t criminals to justice because it will help protect and restore the rights of victims and witnesses thereby encouraging them to report criminal acts But even if more criminals are not apprehended as a result of this bill S 2420 provides long overdue relief to those individuals f who are first the victims of If criminal assault of various kinds and then thell to often ignored by the justice system system- except when they are being harassed and jostled by it it |