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

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CrimeCrime Victims: An Introduction to Victims: An Introduction to VictimologyVictimology

Sixth EditionSixth Edition

By Andrew KarmenBy Andrew Karmen

Chapter Seven:Chapter Seven:Victims’ and the Criminal Justice Victims’ and the Criminal Justice

System: Cooperation and Conflict, System: Cooperation and Conflict, Part TwoPart Two

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Victims and ProsecutorsVictims and Prosecutors

Prosecutors are chief law enforcement officer Prosecutors are chief law enforcement officer within the jurisdictionwithin the jurisdiction– How they can serve victims:How they can serve victims:

Keep informed of status of caseKeep informed of status of case Support victims with judges, bail, continuances, Support victims with judges, bail, continuances,

negotiated pleas, dropped charges, sentences and negotiated pleas, dropped charges, sentences and restitutionrestitution

Protect from harassment, threats, injuries and forms Protect from harassment, threats, injuries and forms of intimidation and reprisalsof intimidation and reprisals

Resolve as quickly as possibleResolve as quickly as possible Assist victims in recovering property from policeAssist victims in recovering property from police

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Victim Witness Assistance Projects Victim Witness Assistance Projects (VWAP)(VWAP)

To address witness and victim complaintsTo address witness and victim complaints Intended to restore faith in CJ systemIntended to restore faith in CJ system

– Personal intervention as soon as possiblePersonal intervention as soon as possible– Immediate relief to injured parties:Immediate relief to injured parties:

Hotlines, shelter, food, counseling, transportation and Hotlines, shelter, food, counseling, transportation and immediate lock repairsimmediate lock repairs

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Protecting Victim WitnessesProtecting Victim Witnesses– IntimidationIntimidation

Criminals, families and acquaintances of Criminals, families and acquaintances of offenders, gangs, own family attempting to offenders, gangs, own family attempting to have victim drop charges—cultural issues—have victim drop charges—cultural issues—see Table 7.1, page 158see Table 7.1, page 158

Prosecutor should offer victim:Prosecutor should offer victim:Protective services, phone number change, Protective services, phone number change, door locks, Orders of Protection, new home or door locks, Orders of Protection, new home or relocate, Victim Witness-Protection Programrelocate, Victim Witness-Protection Program

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VWAP ServicesVWAP Services– Recover lost property quicklyRecover lost property quickly– Provide information about reimbursement for Provide information about reimbursement for

losses and compensation benefitslosses and compensation benefits– Keep victims informed of case developmentsKeep victims informed of case developments

– 1974—35% of DA offices routinely notified 1974—35% of DA offices routinely notified felony victims of case outcomesfelony victims of case outcomes

– 1992—97%1992—97%

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Dismissing or rejecting charges based on Dismissing or rejecting charges based on several issues:several issues:– Police officials, others in prosecutor’s office, Police officials, others in prosecutor’s office,

defense attorneys, judges, community leaders, defense attorneys, judges, community leaders, media, and vocal interest groups all affect media, and vocal interest groups all affect prosecutor’s decisionprosecutor’s decision

– 51% of all felony cases in 1981 not pursued51% of all felony cases in 1981 not pursued– 45% of all felony cases in 1988 not pursued45% of all felony cases in 1988 not pursued

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Negotiating PleasNegotiating Pleas– Defendant agrees to make confession for Defendant agrees to make confession for

considerationconsideration– 95% of convictions secured by accused 95% of convictions secured by accused

admitting guilt—oftentimes reduced from felony admitting guilt—oftentimes reduced from felony to misdemeanorto misdemeanor

In anticipation of the above, police and In anticipation of the above, police and prosecutors engage in:prosecutors engage in:

BedsheetingBedsheetingOverchargingOvercharging

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Plea negotiations result in:Plea negotiations result in:– Reducing court caseloadsReducing court caseloads– Preventing rape victims from testifyingPreventing rape victims from testifying– Preventing children from testifyingPreventing children from testifying– Prosecutors often feel threatened by Prosecutors often feel threatened by

involvement of victims—revenge motiveinvolvement of victims—revenge motive– Few jurisdictions provide defined role for victimsFew jurisdictions provide defined role for victims– Victims may not challenge decisions of Victims may not challenge decisions of

prosecutorprosecutor

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Victims and Defense AttorneysVictims and Defense Attorneys

Defense AttorneyDefense Attorney– Natural enemy to victimNatural enemy to victim– Attempts to protract the process, discredit witnessesAttempts to protract the process, discredit witnesses– Sixth Amendment guarantees a “Speedy Trial”—some Sixth Amendment guarantees a “Speedy Trial”—some

states have time limits for trial after arreststates have time limits for trial after arrest– Efforts to delay wear down witnesses, affect memory of Efforts to delay wear down witnesses, affect memory of

witnesses, find info about witnesses and victimswitnesses, find info about witnesses and victims– Eventually encourages witness to drop or reduce Eventually encourages witness to drop or reduce

chargescharges

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General Rule: The more serious the charge, General Rule: The more serious the charge, the longer it takes to go to trial—1988 Data:the longer it takes to go to trial—1988 Data:

– Pleas guilty—114 days arrest to sentencingPleas guilty—114 days arrest to sentencing– Trial—241 days arrest to sentencingTrial—241 days arrest to sentencing– Murder cases—313 days; Rape cases—133 Murder cases—313 days; Rape cases—133

days; Robbery cases—108 daysdays; Robbery cases—108 days

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Sixth Amendment provides that defendants Sixth Amendment provides that defendants have the right to confront their accusershave the right to confront their accusers

Trials are relatively rare eventsTrials are relatively rare events Due to competition between sides, Due to competition between sides,

courtroom tactics seem harsh and mean-courtroom tactics seem harsh and mean-spiritedspirited– Cast aspersions on character of victimCast aspersions on character of victim– Often trashes victim in controversial casesOften trashes victim in controversial cases

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Victims and JudgesVictims and Judges

Most conflict results during bail setting and Most conflict results during bail setting and sentencingsentencing

Eighth Amendment prohibits excessive bailEighth Amendment prohibits excessive bail 2/3 of victims of serious crimes face the 2/3 of victims of serious crimes face the

prospect that offender harming them will be prospect that offender harming them will be out on bail prior to case being resolvedout on bail prior to case being resolved

Denying of bail results in offender going to Denying of bail results in offender going to jail and being punished before convictionjail and being punished before conviction

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Sentencing can be influenced by victims in Sentencing can be influenced by victims in two ways:two ways:– 1. Conveying their requests in writing to the 1. Conveying their requests in writing to the

judgejudge– 2. Expressing their views orally in person at 2. Expressing their views orally in person at

sentencing hearing (allocution)sentencing hearing (allocution)Victim Impact Statements (VIS) can provide Victim Impact Statements (VIS) can provide

valuable information to a judgevaluable information to a judgeOften included in a pre-sentence investigation Often included in a pre-sentence investigation

and reviewed by judge prior to sentencingand reviewed by judge prior to sentencing

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U.S. Supreme Court ruled that VIS were not U.S. Supreme Court ruled that VIS were not admissible in the penalty phase of a murder trial admissible in the penalty phase of a murder trial ((Booth v. Maryland, Booth v. Maryland, 1987)1987)

Court reversed itself in 1991, Court reversed itself in 1991, Payne v. Tennessee,Payne v. Tennessee, stating VIS was admissible during penalty phase if stating VIS was admissible during penalty phase if execution was an option for a juryexecution was an option for a jury

Practice of using VIS not widespread for judgesPractice of using VIS not widespread for judges See Box 7.1, page 170 for more U.S. Supreme See Box 7.1, page 170 for more U.S. Supreme

Court rulings regarding victims—majority of these Court rulings regarding victims—majority of these decisions decisions rejectedrejected victim arguments victim arguments

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Victims and Corrections OfficialsVictims and Corrections Officials

Victims more likely to have contact with Victims more likely to have contact with probation and parole agents than prison probation and parole agents than prison officialsofficials

Victims want three things from agents:Victims want three things from agents:– Know when offenders are off paroleKnow when offenders are off parole– Protected from harassment or harmProtected from harassment or harm– If court ordered restitution, want it on timeIf court ordered restitution, want it on time

Corrections to keep victim advised of Corrections to keep victim advised of offender’s address—VINE Systemoffender’s address—VINE System

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Victims and Corrections OfficialsVictims and Corrections Officials

Parole boards often recipient of criticism from both Parole boards often recipient of criticism from both victims and victim groupsvictims and victim groups– Typically opposed to “early release”Typically opposed to “early release”– Want to abolishWant to abolish– Support determinate sentencingSupport determinate sentencing

Parole Boards to provide victims opportunity to Parole Boards to provide victims opportunity to appear at parole hearing—Very few victims take appear at parole hearing—Very few victims take advantageadvantage

VIS is included in offender’s file for the parole VIS is included in offender’s file for the parole board to review in making release decisionsboard to review in making release decisions

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““AND JUSTICE FOR ALL”AND JUSTICE FOR ALL”

1414thth Amendment promises “equal protection under Amendment promises “equal protection under the law”the law”

Is justice blind to all groups in the pursuit of Is justice blind to all groups in the pursuit of justice?justice?

Are all victims handled equally?Are all victims handled equally? See Box 7.2, page 175—Which Victims Get Better See Box 7.2, page 175—Which Victims Get Better

Treatment?Treatment? ““Differential handling” needs to be researched Differential handling” needs to be researched

again to see if Box 7.2 data still persists todayagain to see if Box 7.2 data still persists today

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Key TermsKey Terms

District AttorneyDistrict Attorney Assistant Assistant District AttorneyDistrict Attorney

PleaPlea

NegotiationsNegotiations

ConsiderationConsideration Plea BargainingPlea Bargaining Cop a pleaCop a plea

BedsheetingBedsheeting OverchargingOvercharging Sentence disparitySentence disparity

AllocutionAllocution Equal Protection Equal Protection under the lawunder the law

Blind JusticeBlind Justice

Differential Differential HandlingHandling

Second Class Second Class TreatmentTreatment

Red CarpetRed Carpet

VIP TreatmentVIP Treatment

Documents

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