NCJ Number
78795
Date Published
Unknown
Length
17 pages
Annotation
In a speech to the California Judicial College, the California attorney general discusses mandatory prison sentences and judges' responsibilities to crime victims.
Abstract
While protections for the rights of the accused have been expanding during the past two decades, little attention has been paid to the general public's criminal justice rights or to the rights of crime victims. However, the protection of the public is coming to share equal prominence with defendants' rights. Thus, the California Legislature has adopted mandatory sentences for such acts as using a gun in the commission of a serious felony. These laws have been criticized for depriving a sentencing court of discretion, but this objection is not well founded for several reasons. For example, the legislature has the responsibility to prescribe punishments, while the judiciary is responsible for imposing the prescribed punishment. In addition, certainty of punishment and removal from the community are effective deterrents. With regard to the victims of crime, steps are being taken to make the system more responsive. California enacted the Nation's first victim compensation law in 1965 and provides $8 million each year for implementation of the law. Although 13,500 victims of violent crime have received compensation, nearly 2 million violent crime victims were not aided because they were unaware of their eligibility or could not complete the application process. Judges should be aware of their obligation to victims. Restitution and victim and witness assistance programs are among ways to redress the imbalance in the criminal justice system. Judges have a major role to play in making these programs work properly. Eliminating court delays and guarding against subtle intimidation of victims and witnesses are among ways judges should make this effort. Two newspaper clippings are attached.