Coffee Talk

In America, those accused of crimes have many specific rights—the right to an attorney, to a trial heard by a jury of their peers, and many other protections. The Founding Fathers included those things for a reason—our judicial system is based on the presumption of innocence, and they wanted to ensure the accused were treated fairly throughout the process.

But somewhere along the way, things got out of kilter. Suddenly, activists seemed to be completely obsessed with the rights of the accused, with no consideration whatsoever for the rights and well-being of the victim or their family members. Many times, people felt like they had been victimized at least twice—once when the crime was committed against them or a loved one, and again as they made their way through the legal process in the pursuit of justice.

Senate Republicans have been on the forefront when it comes to writing and passing legislation dealing with victims’ rights. It was a Senate Republican who authored legislation in the 1990s ensuring the family of a homicide victim had the right to witness the execution of the person who committed this heinous act.

I was author of a measure to allow photos—other than the crime scene pictures—of the victim in court, and I also carried a bill to ensure that a person giving a victim’s impact statement would not be subjected to cross-examination. A fellow Senate Republican, Jim Reynolds of Oklahoma City, authored legislation to allow the family of homicide victims to wear photo-buttons of their loved ones during a trial.

This year, Senator Jonathan Nichols of Norman has won Senate approval for legislation to ensure a victim or family member has the right to discuss their religious faith or the Bible when giving a victim’s impact statement in court. This legislation was filed as a result of last year’s ruling by the Oklahoma Court of Criminal Appeals to overturn the death penalty in the Trooper Nik Green murder trial—in part because Green’s widow referenced God and the Bible in her impact statement.

Impact statements are given only after the accused has actually been convicted. And I do not believe their first amendment right of free speech is excluded in the court room. Senate Bill 2004 helps protect that right and the right of victims to say what is in their hearts.