Editorials
Friday, June 28, 1996
A proposal to protect rights
of crime victims
CRIME victims and relatives of victims have gained increased attention to their complaints about the judicial system, and they now seek protection of their rights through enactment of a constitutional amendment. Both President Clinton and Republican candidate Bob Dole support such an amendment. However, its political popularity may be surpassed by the problems that it could create.
Clinton favors an amendment that would require that complainants in criminal cases be informed about public court proceedings and parole hearings. They would be allowed to attend them, and make statements in parole hearings and in court about bail, sentencing and acceptance of guilty pleas. Victims would be guaranteed notification when the convict escaped or was released, and be given protection from the convict. And they would be promised restitution.
Some of the proposed rights already exist in large part, through creation of such offices as Victim/Witness Assistance in the Honolulu prosecutor's office. Some jurisdictions have allowed victims or their relatives to make statements at certain court proceedings and parole hearings.
Other parts of the amendment could radically change the rules of court.Complainants often are excluded from criminal trials until after they have testified, because of concern that they could refine their testimony to conform with that of previous witnesses. The proposed amendment could prohibit a judge from taking that precaution.
Victims of crime in most states are eligible for restitution, but with limits, most ranging from $10,000 to $25,000, for losses not reimbursed by insurance or other sources. Mandatory and full restitution could create career criminals trying to pay restitution for previous crimes.
Constitutional amendments should present broad policy, but the proposed amendment goes beyond that. Because specific provisions could prove impractical, it would be wiser to confine any changes to legislation, which can be revised or revoked much more easily than a constitutional amendment.
Other editorials in brief:
Agent Orange
ONE of the unfortunate legacies of the Vietnam War was the controversy over Agent Orange, the herbicide sprayed on foliage in an attempt to deny the Communists cover. In the years since, the government has grappled with claims that soldiers exposed to Agent Orange in Vietnam had become ill as a result and should be compensated.
Last month President Clinton addressed a roomful of veterans and promised compensation for "Agent Orange-associated diseases." But Michael Gough, director of science and risk studies at the Cato Institute, maintains there is no scientific justification for the payments.
Here is a blatant case of science being subordinated to the demands of politics. What makes it even worse is that Congress made all veterans of Vietnam eligible, regardless of whether they had any exposure to Agent Orange. This program is a sham.
Bangladesh elections
BANGLADESH, formerly East Bengal in the era of British rule over India, broke away from Pakistan in 1971 in a bloody civil war that cost three million lives. Since then Bangladesh has been plagued by coups, assassinations and a series of military governments. The leader of the independence movement and first president of the new nation, Sheikh Mujibar Rahman, was assassinated in 1975.
Now Mujibar Rahman's daughter, Sheikh Hasina Wajed, has won the prime ministership following elections in which her Awami League fell just short of an absolute majority in parliament but was assured of the support of a minor party.
Hasina's victory has raised hopes that Bangladesh can emerge from decades of turbulence and achieve stability. One promising sign was the fact that this time the elections were described by international monitors as free and peaceful. But the new prime minister faces daunting challenges.
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John M. Flanagan, Editor & Publisher
David Shapiro, Managing Editor
Diane Yukihiro Chang, Senior Editor & Editorial Page Editor
Frank Bridgewater & Michael Rovner, Assistant Managing Editors
A.A. Smyser, Contributing Editor