There are two
prevalent viewpoints regarding Arizona’s criminal justice system.
The first is that society is too soft on crime and we should crank
up the punishment. The second is that society is way too soft on crime
and we should really crank up the punishment.
A quick glance at the popularity of Sheriff Joe will show you that
Arizonans value politicians who are tough on crime. Conversely, as
U.S. citizens, we value our Constitutional rights, especially the
rights of the criminally accused.
In the past, the balancing act of aggressively prosecuting those who
have done wrong while vigilantly protecting the rights of the criminally
accused left crime victims as the odd man out. Many victims felt that
their voices were not heard during criminal proceedings, and even
felt that the rights of the accused allowed them to be re-victimized
again and again.
In the early 1990s, Arizona voters passed a ballot initiative that
amended the State Constitution, providing for a Victims’ Bill
of Rights. These include, but are not limited to, a victim’s
right:
• To be treated with fairness, respect and dignity, and to be
free from intimidation, harassment or abuse throughout the criminal
justice process.
• To be present at and, upon request, to be informed of all criminal
proceedings when the defendant has the right to be present.
• To be heard at any proceeding involving a post-arrest release
decision, a negotiated plea and sentencing.
• To refuse an interview, deposition or other discovery request
by the defendant, the defendant’s attorney or other person acting
on behalf of the defendant.
• To confer with the prosecution after the crime against the
victim has been charged, before trial or before any disposition of
the case, and to be informed of the disposition.
• To receive prompt restitution from the person or persons convicted
of the criminal conduct that caused the victim’s loss or injury.
• To be heard at any proceeding when any post-conviction release
from confinement is being considered.
As a criminal defense attorney, I have seen victims’ rights in
action. As a personal injury attorney, I have represented victims
in various criminal cases and would be happy to give you advice from
both a criminal defense and a personal injury attorney’s perspective
regarding your rights as the victim of a crime.
If you have any questions about personal injury/accident or criminal
law, contact Rowley Chapman Barney & Buntrock at 480-833-1113
and ask for Keith R. Nelson.
