California Democrats' Contempt For 6th Amendment

Party boy Ben Hueso is driving the wrong way on a one-way street again, figuratively speaking. In April, he sponsored a bill in the California State Senate, SB 603. If signed into law, SB 603 would permit a court to "to appoint intermediary standby counsel for the limited purpose of presenting the defendant's examination of the victim."

In other words, if a defendant is representing themself, (in pro per) they would be prohibited from cross-examining their alleged victim. This would be "limited" to the following charges: 1) a registerable sex offense, 2) a violent felony, 3) felony stalking, 4) felony elder abuse, 5) felony domestic violence, and 6) felony child abuse.

The stated purpose of enacting this statute is a pure appeal to emotion. Allowing the accused to "personally present the examination of the victim creates an emotionally traumatic situation for the victim." According to the bill's text, "the state has a compelling interest in protecting the physical and psychological well-being of victims of sex offenses, child abuse, stalking,and other violent crimes."

It would be easy to convince me that the state has a compelling interest in protecting the psychological well-being of victims of violent crimes. That is why a court may permit videotaped testimony in situations where "further testimony in any of the qualifying cases would cause the victim emotional trauma." Most people would support this, especially if the alleged victim is a child.

California trial courts already have tools to protect witnesses. They can protect witnesses from undue harassment. They can provide closed-circuit television cross-examination. A litigant who is disruptive or intimidating may be removed from the courtroom or prohibited from representing themselves.

The most important reason not to pass SB 603 is that it is blatantly unconsitutional. The text of the Sixth Amendment to the Constitution states that "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

The accused has the natural right to confront their accuser.

Why would a state senator and even the San Diego District Attorney support a statute that would lead to verdicts being reversed? Look no further than the names of the supporters of the bill, right at the top. It's a who's who of victim advocacy groups. What's very interesting to me is the inherent tension between victim advocacy and due process.

Take the Crime Victims Action Alliance as an example. They came out against California Proposition 47, which reduced the classification of most "nonserious and nonviolent property and drug crimes" from felonies to misdemeanors.

Crime Victims United also came out against Prop. 47. Now that Prop. 47 is law, Crime Victims United is behind an assortment of loophole-closing bills. California AB 46 would make possession of "club drugs" GHB or ketamine felonies. Possession of GHB would be de facto intent to commit sexual assault, because they are also known as "date-rape" drugs.

It is my suspicion that these advocacy groups are not representative of all victim groups, just victim groups that belong to protected classes. Like SB 603 supporter Alliance For Hope, who declare that "The Problem" is that "1 in 3 women have experienced rape, physical violence and/or stalking by an intimate partner in their lifetime." They would support building a shelter as long as it's not for men.

These particular victim groups have enormous emotional appeal right now. I think the pendulum has swung toward victim's rights because it is easy political point scoring. I wonder how far the pendulum will swing in this direction before reversing itself.