Crime Victims An Introduction to Victimology Sixth Edition

Crime Victims: An Introduction to Victimology Sixth Edition By Andrew Karmen Chapter Seven: Victims’ and the Criminal Justice System: Cooperation and Conflict, Part Two 1

Victims and Prosecutors § Prosecutors are chief law enforcement officer within the jurisdiction – How they can serve victims: § Keep 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 2

Victims and Prosecutors § Victim Witness Assistance Projects (VWAP) § To address witness and victim complaints § Intended to restore faith in CJ system – Personal intervention as soon as possible – Immediate relief to injured parties: § Hotlines, shelter, food, counseling, transportation and immediate lock repairs 3

Victims and Prosecutors § Protecting Victim Witnesses – Intimidation § Criminals, families and acquaintances of offenders, gangs, own family attempting to have victim drop charges—cultural issues— see Table 7. 1, page 158 § Prosecutor should offer victim: Protective services, phone number change, door locks, Orders of Protection, new home or relocate, Victim Witness-Protection Program 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 – 1974— 35% of DA offices routinely notified felony victims of case outcomes – 1992— 97% 5

Victims and Prosecutors § Dismissing or rejecting charges based on several issues: – Police officials, others in prosecutor’s office, defense attorneys, judges, community leaders, media, and vocal interest groups all affect prosecutor’s decision – 51% of all felony cases in 1981 not pursued – 45% of all felony cases in 1988 not pursued 6

Victims and Prosecutors § Negotiating Pleas – Defendant agrees to make confession for consideration – 95% of convictions secured by accused admitting guilt—oftentimes reduced from felony to misdemeanor In anticipation of the above, police and prosecutors engage in: Bedsheeting Overcharging 7

Victims and Prosecutors § Plea negotiations result in: – Reducing court caseloads – Preventing rape victims from testifying – Preventing children from testifying – Prosecutors often feel threatened by involvement of victims—revenge motive – Few jurisdictions provide defined role for victims – Victims may not challenge decisions of prosecutor 8

Victims and Defense Attorneys § Defense Attorney – Natural enemy to victim – Attempts to protract the process, discredit witnesses – Sixth Amendment guarantees a “Speedy Trial”—some 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 witness to drop or reduce charges 9

Victims and Defense Attorneys § General Rule: The more serious the charge, the longer it takes to go to trial— 1988 Data: – Pleas guilty— 114 days arrest to sentencing – Trial— 241 days arrest to sentencing – Murder cases— 313 days; Rape cases— 133 days; Robbery cases— 108 days 10

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 meanspirited – Cast aspersions on character of victim – Often trashes victim in controversial cases 11

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 12

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 13

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 170 for more U. S. Supreme Court rulings regarding victims—majority of these decisions rejected victim arguments 14

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 off parole – Protected from harassment or harm – If court ordered restitution, want it on time § Corrections to keep victim advised of offender’s address—VINE System 15

Victims and Corrections Officials § Parole boards often recipient of 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 hearing—Very few victims take advantage § VIS is included in offender’s file for the parole board to review in making release decisions 16

“AND JUSTICE FOR ALL” § 14 th 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 175—Which Victims Get Better Treatment? § “Differential handling” needs to be researched again to see if Box 7. 2 data still persists today 17

Key Terms District Attorney Assistant District Attorney Consideration Plea Bargaining Plea Negotiations Cop a plea Bedsheeting Overcharging Sentence disparity Allocution Equal Protection under the law Blind Justice Differential Handling Second Class Treatment Red Carpet VIP Treatment 18