Tina Smith: “I rise to speak about the Crime Victims' Rights Act. America is a country ruled by law and not by individuals. For that…”

“I rise to speak about the Crime Victims' Rights Act. America is a country ruled by law and not by individuals. For that reason, our criminal justice system serves as a beacon of light for many who live in the shadow of tyranny. Nowhere is this better demonstrated than those rights of the accused protected by the U.S. Constitution. A defendant has the right to due process under law, the right to a speedy trial, the right to counsel, the right against self-incrimination, the right to confront witnesses as well as a host of other protections. These constitutional rights aim to protect the innocent and punish only the guilty. No American should be wrongly incarcerated and denied the most basic liberties. While the Constitution provides a panoply of rights for the accused, it does not guarantee any rights to crime victims. Victims do not have the right to be present during prosecution. Victims do not have the right to be informed of the defendant's hearing. They do not have the right to be heard at sentencing or at parole hearings. Victims have no rights to restitution or notification even if they may be endangered by the release of their attacker. To maintain the integrity of our judicial system, a careful balance must be struck between the rights of the accused and the rights of victims. Unfortunately, the scales of justice have been tilted. As a result, 32 States have enacted constitutional amendments to provide some protections for victims.”