Crime Victims: An Introduction to Victimology Seventh Edition

1
Crime Victims An Introduction to
VictimologySeventh Edition

• By Andrew Karmen
• Chapter Seven
• Victims and the Criminal Justice System
  Cooperation and Conflict,
  Part 2 Prosecutors, Defense Attorneys, Judges,
  and Corrections Officials

2
Victims and Prosecutors

• Prosecutors are chief law enforcement officer
  within the jurisdiction
• How they can serve victims
• Keep victims informed of status of case
• Support victims with judges, bail, continuances,
  negotiated pleas, dropped charges, sentences and
  restitution
• Protect from harassment, threats, injuries and
  forms of intimidation and reprisals
• Resolve as quickly as possible
• Assist victims in recovering property from police

3
Victims and Prosecutors

• Victim Witness Assistance Projects (VWAP)
• To address witness and victim complaints
• Intended to restore victims faith in CJ system
• Personal intervention as soon as possible
• Immediate relief to injured parties
• Hotlines, shelter, food, counseling,
  transportation and immediate lock repairs

4
Victims and Prosecutors

• VWAP Services
• Recover lost property quickly
• Provide information about reimbursement for
  losses and compensation benefits
• Keep victims informed of case developments
• 197435 of DA offices routinely notified felony
  victims of case outcomes
• 199297

5
Victims and Prosecutors

• Protecting Victim Witnesses
• Intimidation
• Criminals, families and acquaintances of
  offenders, gangs, own family attempting to have
  victim drop chargescultural issuessee Table
  7.1, page 172
• Prosecutor should offer victim
• Protective services, phone number change, door
  locks, Orders of Protection, new home or
  relocate, Victim Witness-Protection Program

6
Victims and Prosecutors

• Dismissing or rejecting charges based on several
  issues
• Lack of evidence, unreliable witnesses
• Police officials, others in prosecutors office,
  defense attorneys, judges, community leaders,
  media, and vocal interest groups can all affect
  prosecutors decision
• 51 of all felony cases in 1981 not pursued
• 45 of all felony cases in 1988 not pursued

7
Victims and Prosecutors

• Negotiating Pleas
• Defendant agrees to plead guilty in exchange for
  some kind of consideration (usually a reduction
  in charges)
• 97 of convictions secured by accused admitting
  guiltoften reduced from felony to misdemeanor
• In anticipation of the above, police and
  prosecutors engage in
• Bedsheeting
• Overcharging

8
Victims and Prosecutors

• Plea negotiations result in
• Reducing court caseloads
• Definite conviction (which might not happen if
  the case goes to trial)
• Preventing rape victims from testifying
• Preventing children from testifying
• Prosecutors often feel threatened by involvement
  of victimsrevenge motive
• Few jurisdictions provide defined role for
  victims
• Victims may not challenge decisions of prosecutor

9
Victims and Defense Attorneys

• Defense Attorney
• Natural enemy to victim
• Attempts to protract the process, discredit
  witnesses
• Sixth Amendment guarantees a Speedy Trial
  states have time limits for trial after arrest
• Efforts to delay wear down witnesses, affect
  memory of witnesses, find info about witnesses
  and victims
• Eventually encourages victim to drop or reduce
  charges

10
Victims and Defense Attorneys

• General Rule The more serious the charge, the
  longer it takes to go to trial1988 Data
• Plead guilty114 days arrest to sentencing
• Trial241 days arrest to sentencing
• Murder cases313 days Rape cases133 days
  Robbery cases108 days

11
Victims and Defense Attorneys

• Sixth Amendment provides that defendants have the
  right to confront their accusers
• Trials are relatively rare events
• Due to competition between sides, courtroom
  tactics seem harsh and mean-spirited
• Cast aspersions on character of victim
• Often trashes victim in controversial cases

12
Victims and Judges

• Most conflict results during bail setting and
  sentencing
• Eighth Amendment prohibits excessive bail
• 2/3 of victims of serious crimes face the
  prospect that offender harming them will be out
  on bail prior to case being resolved
• Denying of bail results in offender going to jail
  and being punished before conviction

13
Victims and Judges

• Sentencing can be influenced by victims in two
  ways
• 1. Conveying their requests in writing to the
  judge
• 2. Expressing their views orally in person at
  sentencing hearing (allocution)
• Victim Impact Statements (VIS) can provide
  valuable information to a judge
• Often included in a pre-sentence investigation
  and reviewed by judge prior to sentencing

14
Victims and Judges

• U.S. Supreme Court ruled that VIS were not
  admissible in the penalty phase of a murder trial
  (Booth v. Maryland, 1987)
• Court reversed itself in 1991, Payne v.
  Tennessee, stating VIS was admissible during
  penalty phase if execution was an option for a
  jury
• Practice of using VIS not widespread for judges
• See Box 7.1, page 184 for more U.S. Supreme Court
  rulings regarding victimsmajority of these
  decisions rejected victim arguments

15
Victims and Corrections Officials

• Victims more likely to have contact with
  probation and parole agents than prison officials
• Victims want three things from agents
• Know when offenders are on parole
• Protected from harassment or harm
• If court ordered restitution, want it on time
• Corrections to keep victim advised of offenders
  addressVINE System

16
Victims and Corrections Officials

• Parole boards often receive criticism from both
  victims and victim groups
• Typically opposed to early release
• Want to abolish
• Support determinate sentencing
• Parole Boards to provide victims opportunity to
  appear at parole hearingVery few victims take
  advantage
• VIS is included in offenders file for the parole
  board to review in making release decisions

17
AND JUSTICE FOR ALL

• 14th Amendment promises equal protection under
  the law
• Is justice blind to all groups in the pursuit of
  justice?
• Are all victims handled equally?
• See Box 7.2, page 189Which Victims Get Better
  Treatment?
• Differential handling needs to be researched
  again to see if Box 7.2 data still persists today

18
Key Terms
District Attorneys Assistant District Attorneys Plea Negotiations
Consideration Plea Bargain Cop a plea
Bedsheeting Overcharging Sentence disparity
Courtroom Work Group Equal Protection under the law Second Class Treatment
Differential Handling Blind Justice Red Carpet
Allocution Disposed of Going Rate
VIP Treatment Victim Impact Statements Pre-sentence Investigation Report
Bifurcated Capital Trials