Scroggins speaks in Jeff City
Prosecutor discusses crime victims’ rights
by Alyson E. Raletz
Friday, May 1, 2009

JEFFERSON CITY, Mo. — Buchanan County Prosecuting Attorney Dwight Scroggins called on lawmakers Thursday to hold the legal system more accountable to respecting crime victims’ rights.

Mr. Scroggins, president of the Missouri Association of Prosecuting Attorneys, was a featured speaker during a National Crime Victims’ Rights Week ceremony in the state Capitol that commemorated the 25th anniversary of Congress’ passage of the Victims of Crime Act.

“Somewhere in the state of Missouri today, despite the legislation, despite the (state) constitution ... there will be a victim who will not be allowed into a courtroom,” he said.

A Missouri crime victim would first read about a plea agreement in a newspaper, he continued, and there would be victims denied their constitutional right to speak at certain hearings.

He referred to a state constitutional amendment voters passed in 1992 that extended those rights to crime victims. No recourse exists, however, if judges, law enforcement or prosecutors violate the law and deny their rights.

Language put into the amendment as a compromise in the legislature in 1991 states that violations can’t result in lawsuits, censures or any other form of punishment.

Mr. Scroggins said violations are in the minority, but the language is still controversial. He hasn’t yet found a state legislator willing to shoulder a proposal that would remove the protections for police, judges and attorneys.

“I will call upon the legislators in this state to recognize the injustice of crime victims having rights that cannot be enforced,” he said. “It is time for us to be the first state in the United States to step forward.”

Gov. Jay Nixon, who sat next to the Buchanan County Democrat on stage at the ceremony, praised victim advocates, crisis centers, domestic violence shelters and other victim resources for their efforts in the last three decades.

“Those did not exist 26 years ago,” a time when Mr. Nixon, an attorney himself, said victims were treated much differently. “You are not an evidence tag. You are part of the process.”

He used the public opportunity to stress his support of legislation that would allow representatives of victims of some serious crimes to appear on their behalf during offenders’ probation and parole hearings. Senate Bill 338 also would let victims obtain photographs of offenders prior to their release from incarceration. The bill has already passed in the Senate and the House, which made changes to it this week. The Senate must agree to the new version before Mr. Nixon can sign it into law.

Darrel Ashlock, who grew up in St. Joseph, served as master of ceremonies. He now is the executive director of Kids Harbor, a 10-county advocacy agency for child abuse victims.

In St. Joseph, the annual Victims Breakfast begins at 7:30 a.m. this morning at the Moila Shrine Temple Ballroom, 701 N. Noyes Blvd.

Alyson E. Raletz can be reached

at alysonraletz@npgo.com.