Written by Jeffrey Fink
“Every human being, of whatever origin, of whatever station, deserves respect. We must respect others even as we respect ourselves.” U. Thant (1907-1974)
April 18, 2010 marks the beginning of National Crime Victims’ Rights Week. This is a week to celebrate and bring awareness to changes in the law that have been shaped by victims’ experiences, frustrations and need for fairness, dignity and respect.
Imagine being the victim of an assaultive crime that results in you needing medical care. The crime is reported to the police while you are at the hospital but you are confused about what comes next. The attackers are arrested and released. You have no information about their bail or the case. Then you find out the prosecutor accepts a plea bargain without notifying you. You are frustrated, have medical bills and need answers.
This was a typical scenario before crime victims’ rights. No fairness, no dignity no respect. As a result of the many victims that suffered and the outcry for help, the Victims of Crime Act (VOCA) was passed in 1984. VOCA is made up of federal criminal fines, penalties, and bond forfeitures, to support state victim compensation and local victim assistance programs. This year also marks Michigan’s 25th anniversary under the William Van Regenmorter Crime Victim’s Rights Act. As a state, we are privileged to have victims rights protected under our constitution.
Crime victims, as defined by law, shall have the following rights, as provided by law:
o The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.
o The right to timely disposition of he case following arrest of the accused.
o The right to be reasonably protected from the accused throughout the criminal justice process.
o The right to notification of court proceedings.
o The right to attend trial and all other court proceedings.
o The right to confer with the prosecution.
o The right to make a statement to the court at sentencing.
o The right to restitution.
o The right to information about the conviction, sentence, imprisonment, and release of the accused.
In 2008, 21 million crimes were committed in the United States; of these, 5 million were violent crimes. In that same year identity fraud rose for the first time in five years to nearly 10 million victims and over 88,000 crimes were committed on college and university campuses with over 95 percent of those being property crimes.
The Kalamazoo County Prosecutors Office authorizes approximately 10,000 criminal cases each year. Of those, approximately 2,000 are handled at the Family Court Division addressing child support and juvenile cases that include Home Invasions, Assaults, Larceny and Malicious Destruction of Property. Misdemeanor cases account for approximately 6,000 cases and include, but are not limited to, assaults, stalking, child abuse and illegal entry. The remaining 2,000 cases are felonies and may include assaults, criminal sexual conduct, armed robbery, operating under the influence causing injury, uttering and publishing, drug possession and homicides.
These numbers are astonishing. If these statistics seem far removed from your daily life think about your extended family members, friends, associates, co-workers and neighbors. Has crime affected them in any way? Was someone assaulted or robbed? Did someone have their home broken into or property stolen? Did someone use their credit card or steal their checks? Were drugs sold near their home or school? If so, were you empathetic? If you answered yes, then crime has also affected you.
Jeffrey R. Fink is the Prosecuting Attorney for Kalamazoo County.