Among the winners in the recent election were crime victims. California voters passed Proposition 9, which includes many provisions that Texas should emulate. The measure gives victims the legal right to be notified and state their views after the arrest of the defendant and before trial. It also empowers victims with the constitutional right to participate in other criminal justice proceedings, such as conferring with prosecutors before charges are filed and sitting in on plea bargaining negotiations. Under this measure, victims will receive written notification of these rights.
Additionally, Proposition 9 requires that restitution payments actually go first to the individual victim, not a government fund. Some restitution collections in California have been diverted to other purposes, even the Fish and Game preservation fund.
While Proposition 9 was a victory for victims, a shortcoming of the measure is that it included a provision reducing the number of parole hearings for inmates. Given the current $15 billion tab for prison overcrowding and health care that California is facing, this was an untimely change that would even delay parole where an offender was clearly rehabilitated, medically infirm, and the victim actually favored parole.
The Los Angeles County District Attorney promises extensive litigation challenging all parts of the Proposition. However, Arizona has been a pioneer in giving victims a right to participate in plea bargaining discussions and the sky has not fallen. Texas policymakers should seriously consider putting the victim-related provisions in Proposition 9 in Texas law. In doing so, they would recognize that empowering and restoring victims of crime is central to doing justice.
– Marc Levin