Rights of victims must be protected

By Sean Leuthold, Crawford County Municipal Court Judge

In the world of criminal justice, the constitutional rights of criminal defendants are a frequent topic of discussion. The rights of defendants are constantly being debated in the courts and in the media. Far too often, lost in this debate is the fact that many crimes involve innocent victims. These victims can include those who have been injured through crimes of violence such as assault, as well as those who have suffered property or economic loss due to crimes such as theft or burglary. Many of these victims are the most vulnerable in our community. They include women, children and the elderly.

What is important to remember is that all of these victims have rights under Ohio law. Article I, Section 10a of the Ohio Constitution states that, “Victims of criminal offenses shall be accorded fairness, dignity and respect in the criminal justice process.” There is no question that these rights must be protected in order for our system to be fair and for justice to be achieved.

Perhaps the most important right each victim possesses is the right to feel safe immediately after an alleged crime has been committed. This can be accomplished by establishing the appropriate bond for the alleged offender. Defendants are held on bond in order to insure that they appear in court. But, more importantly, a bond is also used to protect the victim, as well as the public, from future crime. Setting the appropriate bond, whether it be five thousand dollars or five million dollars, is necessary in order for a victim to feel free from threats and intimidation. It allows them to feel secure in leaving their home and carrying on their daily activities. Inadequate bonds can put the victim, as well as the public, at risk. This is unacceptable, and causes a reluctance in victims to report criminal behavior.

The rights of victims must also be taken into consideration when judges decide the appropriate sentence for a criminal offender. The two primary purposes of criminal sentencing in Ohio are to adequately punish the offender and to protect the public. When crafting the appropriate sentence, a judge must consider how the crime impacted the victim. In other words, the greater the impact on the victim, the more compelling the reason to impose a harsh sentence. In fact, judges must be certain not to impose a sentence that would demean the seriousness of the crime. Simply put, serious crimes justify serious punishment.

Victims are also entitled to restitution. Restitution requires that the victim must be made whole again. Stolen items must be returned to victims, or the defendant must repay the victim for the value of the stolen property. Medical bills must also be paid in cases involving violent crime. Making certain that the proper amount of restitution is paid is not easy. It often takes months, and even years, to collect what is owed to the victims. This is especially true if the criminal offender is incarcerated for a lengthy period of time. However, courts must make restitution a priority and take the necessary steps to make certain that victims are repaid.

Victims also have the right to be active participants throughout the criminal justice process. Victims have a right to meet with the Prosecutor, attend Pre-Trial conferences, and speak at sentencing hearings. Our county currently has three Victim’s Rights Advocates who work to make certain that victims are treated fairly. It’s their job to help people deal with the pain of being a victim and also assist them as they navigate their way through the legal system. They do their best to make certain that victims have a voice.

However, the work of Victim’s Rights Advocates can only be fully effective when lawmakers, prosecutors, and judges hear and listen to the voices of these victims. They must understand that concentrating on only the rights of criminal defendants is doing a disservice to innocent people who have suffered harm through no fault of their own. As crime and drug usage continues to be a problem, we must remain vigilant in making certain that the rights of the innocent are protected to the same degree as the guilty.

Judge Sean E. Leuthold has been the Crawford County Municipal Court Judge since 2008, and has twice been nominated for the State of Ohio’s Robert P. Denton Special Achievement Award for his work protecting the rights of victims.