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FROM THE EDITOR
It Could Happen to Anyone The Houston Lawyer focuses this issue on the rights of crime victims in four articles assembled by our valued editorial board member, Don Rogers. Little has been written on this subject and, as far as we can find, no other publication has provided this type of coverage on the present state of the law concerning victims’ rights. Because the majority of our readers do not practice criminal law, we initially questioned whether the rights of crime victims would be of general interest to Houston area practitioners and good subject material for THL. However, we ultimately reasoned that anybody, be they judge, attorney, client, family member, or friend, may at any time become a victim of crime and sustain physical, emotional, and/or economic injury. (In this era of rampant identity theft, the potential for the latter type of injury has increased exponentially.) Civil law practitioners are frequently asked by individuals as well as business owners about their rights in criminal proceedings. Those practitioners should at least be aware that some of those rights are constitutionally guaranteed, but some other rights are only available “on request of the crime victim.” Practitioners should also be aware that public policy requires wrongdoers to restore victims of crime to their prior state of well-being. This means that civil actions are not the only source of financial recovery. In this regard, attorneys for insurance companies should know that criminal courts can serve the interests of justice by ordering a defendant who is responsible for a crime to pay restitution to any person who compensated the crime victim for loss resulting from that crime. This process can provide an indirect form of subrogation with no need to file a separate civil lawsuit. Don Rogers reveals much more about restitution in his article, including how the controlling criminal code provides that an order of restitution may be enforced by the state or a victim named in the restitution order in the same manner as a judgment in a civil action. However, among the number of unanswered questions Don raises, he points out that there are no provisions in Texas criminal or civil law for the crime victim to independently enforce such an order of restitution. Don’t overlook the endnotes to Don’s article because they are also full of good material. The article by Farrah Martinez (also a member of the THL editorial board) explains how financial recovery – and other types of assistance – may be obtained by innocent persons wrongfully convicted and incarcerated for crimes they did not commit. That process involves civil lawsuits filed against the state. Kesha Handy presents an excellent review of federal legislation, its interplay with state programs, and how crime victims receive valuable assistance. Michelle Permenter’s article explains how Texas prosecutors and law enforcement agencies send information to known victims, advising them of their rights. Michelle’s article also describes funding available from the state under the Crime Victims’ Compensation Program administered by the Attorney General. (I learned more about that program by pulling up the comprehensive application form and instructions I found at http://www.oag.state.tx.us/AG_Publications/pdfs/cvcapplication.pdf.) There is much food for thought within. You may want to remember this issue of THL the next time you get a question from a crime victim – that person could be you.
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