Justice For All - January 2012
This thirteenth edition of Justice For All addresses violent crime victim’s rights and how my office works to show compassion for their situation and provide compensation for their losses.
By the time the case file for a violent crime reaches my office the victim has usually already told his or her story to law enforcement and the accused has been arrested. Victims wonder what happens now.
Assistant County Attorney Natalia Blaskovich or I, whoever is handling the case, will reach out to the victim and often try to set up a face to face meeting where their concerns can be heard. We listen to whatever the victim wants to say about themselves, their case, how it has impacted their life or their loved ones’ lives, literally anything, even if it might not be directly relevant to the case. We listen especially closely to their questions and do our best to provide them with answers. Another goal is to keep the victim as informed as possible with our candid thoughts about the strengths and weaknesses of the case from each side’s perspective.
If the defendant demands a trial, we take the victim through the expected process, assuring them that we will work zealously within the rules of evidence to protect their testimony on the stand and prevent intimidation. If the defendant is found guilty at trial or voluntarily pleads guilty then Natalia or I must speak frankly with the victim about what we feel is a just punishment for the crime. Knowing what the maximum and minimum penalties are is the appropriate starting point. Also important to discuss are any mitigating or aggravating factors and what a possible presentence investigation recommends. The victim’s input on any plea proposal is always welcome as victims should feel that justice is being served. If in our professional judgment the victim is requesting something likely to be rejected by the judge we explain our thinking and suggest other possible options. It’s always important to remain focused on the purpose of sentencing under Iowa law, which is to allow for the maximum opportunity for the rehabilitation of the defendant while also protecting the community from further offenses by the defendant and others. See Iowa Code Section 901.5. Vengeance is never the aim.
Helping victims obtain restitution is another important role my office plays. Perhaps the most crucial organization in Iowa for obtaining victim restitution is the Crime Victim Assistance Division of the Iowa Attorney General’s Office (“CVAD”). Established by Iowa Code Section 915.80, CVAD’s mission is “to advocate for the rights and the needs of crime victims and to ensure that all victims and survivors of crime are treated with respect and dignity.” CVAD served over 65,000 crime victims in Iowa in FY 2010. Those victims received $5,708,413 in restitution. Not only does CVAD do an outstanding job of helping victims, it does so at virtually no cost to the taxpayers as their budget is funded primarily through receiving part of the surcharge that convicted criminals pay on their fines and from the offenders themselves.
The overall goals of my office are to ensure offenders are convicted and sentenced appropriately and victims receive the compassion and compensation entitled to them. As with all other aspects of our responsibilities as prosecutors, the Clayton County Attorney’s Office is committed to diligently working within the criminal justice system in pursuit of justice for all.
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Last Updated on Thursday, 02 February 2012 13:24
