Defendants and Victims

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Defendants and Victims

• Dr. Michelle Meloy

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Characteristics of Defendants

• Male
• Young
• Poor
• Undereducated
• Racial Minorities
• One in three young black males is in trouble with
  the law.
• More young black men in prison than in college.

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Crime Victims

• Courts, researchers and criminal justice system
  have primarily ignored victims (and witnesses)
• Victims suffer hardships
• Treated as secondary citizens in the courtroom
• Trial delays
• Long waits in uncomfortable surroundings
• Lost wages for time spent going to court
• Fear of retaliation from the defendant or his
  associates.
• Sense that criminal justice personnel are
  indifferent to their plight second
  victimization

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Victim Offender Relationships

• Crimes between known persons treated as less
  serious than crimes by strangers
• ½ of all violent crimes are committed by someone
  who is a relative, friend or acquaintance.
• Men are more likely than women to experience
  violent victimization
• Violence against women is almost always committed
  by an intimate or ex-intimate

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Victims Rise Fall in the CJS

• Hundreds of years ago victims were central the
  prosecution of their crimes
• Early US history victims maintained prominence in
  the process
• As US criminal justice system became more
  formalized victims prominence decreased
• 1960s-1980s rise in victim importance

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Victim Witness Assistance Programs

• Encourage cooperation in the conviction of
  criminals by reducing the inconvenience citizens
  face when appearing in court.
• Aid in clarifying court process
• Deter intimidation by defendant
• Give Victim or Witness an advocate
• Administer victim indemnification process (to
  help recoup losses, or medical, psychological
  counseling, etc.)
• Manage Restitution orders

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Victim Compensation Programs

• Congress passed 1984 Victims of Crime Act.
• If restitution is inadequate or impossible
• Established a Crime Victims fund administered by
  the Office for Victims of Crimes/Office of
  Justice Programs
• Financed primarily from fines paid by defendants
  in federal court.
• This federal program has encouraged states to do
  the same

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Victims Bill of Rights

• 1982 Presidents Task Force on Victims of Crime.
• Submitted 68 separate recommendations aimed at
  achieving a balance between the needs and rights
  of the victim and those of the defendant.
• 1982 California voters approved Proposition 8
  which is known as the Victims Bill of Rights.
• Added 12 provisions to the state constitution and
  the criminal code.
• These bills and proposals represent crime control
  models of justice and attempt to eliminate many
  due process measures

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Payne v. Tennessee

• The Eighth Amendment does not prohibit the
  sentencing jury in a capital case from
  considering the victim impact statements relating
  to the victims personal characteristics and the
  emotional impact of the murder on the victims
  family.