OPINION: Journal Community Council members chime in about AG's column victims' rights

Journal Community Council members were asked to weigh in on the Jan. 19 Sunday Journal column authored by New Mexico Attorney General Raúl Torrez, “It’s time we place victim’s rights on par with defendant’s rights.”

Here are their responses:

Thank you to AG Torrez for reminding us that the rule of law, federal and state constitutional rights apply to victims, those accused of crimes, and those convicted of crimes.

It reminds me that all are important – it is not, or should not be, a case of one being more favored than the other. The balance of those rights in a fair way is certainly not easy to achieve. When I read the Victim’s Bill of Rights in the N.M. Constitution, I was struck by the phrase that victims “shall have the (following) rights as provided by law” — and wondered which laws enshrine these rights? And how are they enforced?

It is appalling that victims would be subject to repeated interrogations. I am hopeful that we have some models in play where a collaboration of entities, law enforcement, district attorneys, and government agencies, act in concert to gather the needed information from the sexual assault or child abuse victim in one setting, rather than subjecting them to re-traumatization from multiple interviews.

I am grateful for the forensic interviewing done at the All Faiths Children’s Advocacy Center forensic interview team partnering with law enforcement agencies, the district attorney’s office, and New Mexico Children, Youth & Families to conduct forensic interviews of children who have witnessed a violent crime or when allegations of abuse have been made.

Equally important is the video recording of the interview so that a child does not have to retell their story multiple times and re-traumatize them. The goal of the forensic interview is to gather pertinent information in a neutral, developmentally appropriate, and legally defensible manner.

There is also a one-stop approach at the Family Advocacy Center (FAC) in Albuquerque where adult and child victims of interpersonal violence and sexual assault have access to comprehensive, multi-disciplinary services. The focus of the Albuquerque Family Advocacy Center is to decrease victim trauma and intimidation while providing supportive services in respectful and culturally appropriate ways. The collaborative nature of the FAC:

• Reduces the investigation time for all agencies involved.

• Reduces the number of interviews from as many as five to one per case, while at the same time increasing the quality of investigations.

BJ Jones

"New Mexico’s Attorney General Raúl Torrez in his op-ed published on Jan. 19 points out that many “New Mexicans are rightly confused about why court practices are increasingly disconnected from common sense.”

“Common sense” is the standard that probably most New Mexicans believe should be applied to resolving many of the current and future challenges and issues facing our state. So it is refreshing, when our elected state attorney general, Raúl Torrez, is working with elected legislators like Reps. Meredith Dixon and Day Hochman-Vigil to propose legislation that is aimed at protecting crime victims and “to place the constitutionally mandated rights of victims on equal footing with the rights of criminal defendants."

Let’s hope that “common sense” prevails.

Dale R. Dekker

Crime, criminals, victims: What to do?

Laws are born in the Legislature. Proposed laws also die in the Legislature. Some proposed laws passed by the Legislature die by gubernatorial veto.

In the days ahead we’ll hear lots of ideas and proposals for new laws governing crimes and criminals, victims and defendants. Any laws protecting crime victims must also protect all facets of the criminal justice system.

Suggestions for new laws don’t just appear out of nowhere. All year long at interim committee meetings and social functions, professional associations organize to propose new laws.

John Q. Public can attend those interim committee meetings and get to know lawmakers, learn the system and develop allies in a cause. And, yes, in some cases, make political contributions.

The keyword here is “organize." One news conference or one letter to the editor won’t do the trick. Constant reminders make a difference. It took years of hard work and organizing by individuals, committees, and public involvement to enhance DWI penalties and it is taking years to enhance child welfare and education programs.

Finding a public face for a public interest issue can be beneficial. That can be an individual or an organization. There’s nothing more powerful than having a legislator, who just recognized someone, or a group, at a hearing, turn to a colleague and say, “Oh, there’s (insert name here). We know that story, maybe it’s time we did something about it.”

Rodger Beimer

Once upon a time most of us would never know what it’s like to be a victim in New Mexico’s judicial system. However, it now feels like most of us eventually will experience something of what AG Torrez wrote of in his recent column.

Baby boomers have a false sense of juris prudence, set in cop show series like "Dragnet" or maybe "Matlock." Someone is robbed, killed or hurt in some way; cops come take statements; after commercials you’re in court with someone pointing at the guy who ran over them with their own truck; jury says guilty; closing credits.

Today’s victims’ experiences are far removed from that scenario. It is no longer a given that you can leave your home, go to the post office or grocery store and return home uneventfully. With teens shooting teens and adults, ludicrous driving and poor enforcement of clearly stated laws, it’s likely you or someone close to you will be on the receiving end of an interrogation as a victim.

Once upon a time is the way fairy tales used to begin. It’s bad enough that we must suffer through law enforcement and the courts seemingly working against us.

It’s a whole other level when the victim is treated as the perpetrator. All parties involved in the prosecution of a crime should be more focused on the perpetrator, and we won’t live happily ever after.

Bob Trapp