April 24-30 is National Crime Victims’ Rights Week. This year’s theme is Rights, Access, Equity, for all victims, underscoring the importance of helping crime victims find justice by enforcing victims’ rights; expanding access to services; and ensuring equity and inclusion for all. Unfortunately for crime victims in Los Angeles County, their elected district attorney, George Gascón, has abandoned victims and instead focuses on helping offenders who already have criminal defense attorneys representing them.
Crime victims have constitutional rights
We all know that criminal defendants have rights – we hear the Miranda admonition every time we watch a crime show. Crime victims also have rights which are established in the California Constitution and various statutes. Victims’ Constitutional Rights are also known as Marsy’s Law Rights, named for Marsy Nicholas who was murdered by a former boyfriend. First and foremost, victims have a right to justice and due process, meaning they have a right to fairness and to have the law followed. The purpose of mandating victims’ rights is to ensure that they have a voice in the criminal justice system.
Gascón’s actions demonstrate his utter contempt for victims’ rights. He issued blanket policies which ordered prosecutors to dismiss allegations and enhancements and withdraw motions to transfer violent juveniles to criminal court, all with no consideration for notifying victims as is required by law. Murder victims’ families were told Gascón’s blanket policy will not allow prosecutors to attend or participate in parole hearings, leaving them to navigate the parole hearings by themselves.
Victims have a right to receive services to help them heal
Victims are traumatized by crime. When the elected prosecutor tramples over their rights and abandons them, they are traumatized a second time.
Victims have a right to receive services to help them heal. “Rights” are not “services.” Gascón confuses the two. Victims are traumatized by the crime and when their rights are violated they are retraumatized by this violation of their rights and by feeling that the criminal justice system has failed them. Gascón’s response to retraumatizing victims by violating their rights is that he wants to make sure they get services. An analogy would be to deliberately violate a criminal defendants’ rights and then offer to give them therapy, rather than correcting the violation of their rights. The criminal justice system does not and should not work that way for defendants. It is offensive to treat victims that way.
Victims deserve justice and resources to heal. Victims need to have faith in the criminal justice system. The only governmental agency that can protect their rights and provide these services in Los Angeles County is the District Attorney’s Office.
As a further slap in victims’ faces, Gascón appointed Tiffiny Blacknell, a career public defender who has been critical of law enforcement and advocates abolishing prison, as the Interim Director of the Bureau of Victim Services in charge of ALL victim services in Los Angeles County.
When victims have been hurt by crime, they want justice, which often means holding the offender accountable. Murder victims’ families and victims of forcible sex crimes, gang shootings and other violent crimes usually want the defendant sent to prison for a long to so that they can be safe and society is protected from further violence.
Gascón has abandoned victims. It is because of Gascón’s unlawful actions that crime victims are standing up against him. Crime victims initiated the Recall DA George Gascon campaign. These victims represent a small fraction of the injustices and devastation that crime victims have endured under Gascón’s policies and administration. Public safety is non-partisan and is important to everyone in Los Angeles County.
Victims are tired of Gascón ignoring them. They deserve to have their voices heard. Victims are entitled to “rights, access, and equity for all victims” every day – not just during National Crime Victims’ Rights Week. To honor victims’ voices and give them a forum to be heard, we are holding events every day during National Crime Victims’ Rights week and invite you to join us:
Wednesday, April 27 12 – 1 pm Torrance Courthouse
Thursday, April 28 12 – 1 pm Antelope Valley Courthouse
Friday, April 29 12 – 1 pm Long Beach Courthouse
Saturday, April 30 Signing events throughout the County
Kathy Cady is a former Los Angeles Deputy District Attorney, victim’s rights advocate, and co-chair of the Recall DA George Gascon Campaign.
