In Minnesota as well as in other places across the United States, the issue is often not about whether a crime has been committed or whether the defendant is guilty – it is usually a dispute about the rights of the victim and whether or not they contributed to the incident of the crime and what right they have (if any) to be heard. This issue has created a need to discuss victim rights and their absolute right to be heard (in court, and otherwise) and not be treated the same way as the criminal that committed the crime against them, including the right to come and go as they wish.
Recent legislation has also addressed the need for restorative justice for victims. In Minnesota, there currently only exists very basic rights for victims, and only as they relate to the defendant’s current status. What about the needs of victims that occur as the result of the crime taking place at all?
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"A Right to be Heard".
In Minnesota, like in other places, victims have certain statutory rights that include the basic rights of any citizen involved in the criminal justice system as a victim. According to Minn. Stat. 611A victims are entitled to these rights (Alexander, 2004, p. 81):
the right to be notified of available services … ;
the right to request that law enforcement withhold … data revealing victim’s identity;
the right to know about any contemplated plea bargain;
the right to know about any contemplated pretrial diversion;
the right to provide a victim impact statement …;
the right to address the court at the time of sentencing;
the right to notice of the defendant’s release; and
the right to notice of information about any appeal filed by the defendant.
This overview shows that while victims have many rights according to Minnesota law this does not mean they are always allowed these rights completely or respected in the criminal justice system or given the restorative justice or victim resources they are entitled to. Are these basic rights enough to protect victims from further assault or to give them a right to seek emotional healing? Why does it appear that criminals actually have more rights than the victims? These rights are clearly not enough.
These issues and others have been debated so much in history that the victims’ lobby was created in the 1970s to expand federal and state laws to protect victims and their families and to give them a right be heard and a right to heal. In fact, the 2012 “Attorney General Guidelines for Victim and Witness Assistance” covers nearly 75 pages of victims rights, covering things such as their right to speak in court, their right for financial resources, etc., which is a huge improvement over past years. While all of these rights are not currently available in Minnesota, the Attorney General is pushing these guidelines onto states that have not implemented them.
Today, new legislation continues to be discussed including such bills as the “Victims of Crime Reform Bill,” which has gone before Congress once and will soon hopefully be passed. This bill is meant to improve the rights of victims, which will have a significant impact on court proceedings, especially since part of the bill proposes even more rights for victims, including financial, emotionally, and physical resources they need to recover.
As it stands now, judges are reluctant to allow victims speak out in court (even though it is a legal right) because, as argued in the past by criminal justice professionals, victims often use this time to lash out personal attacks on the defender or to ask for stricter punishment, which many argue, should be a right for victims, but which law enforcement often considers unneeded dramatics and not a fundamental right at all.
The amendment I would suggest is that victims should have the right to be free during the criminal investigation process, to be present during the investigation or not, and not be subjected to the same type of interrogation as criminals. It has often been said that in Minnesota (actually, all over the U.S.) that “defendants have all the rights” because they’re protected more than victims are. This is a flawed system if a criminal and victim are treated the same and if victims do not have the resources they need to heal and to take care of themselves. This issue clearly needs to be addressed in our Constitution and in Minnesota law.
Victims should be able to express themselves, to the defendant and otherwise, and be given the respect they need to move on with their lives. Clearly legislation is looking into ways to balance the legal system in favor of victims, but in Minnesota, there needs to be more victims’ lobbies, criminal justice resources, and rights for victims.
