1. Crime Victims: An Introduction to Victimology Seventh 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
1974—35% of DA offices routinely notified felony victims of case outcomes
1992—97%

5. 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 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 prosecutor’s office, defense attorneys, judges, community leaders, media, and vocal interest groups can all affect prosecutor’s 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 guilt—often 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 victims—revenge motive
Few jurisdictions provide defined role for victims
Victims may not challenge decisions of prosecutor

9. Victims and Defense Attorneys
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 trial—1988 Data:
Plead guilty—114 days arrest to sentencing
Trial—241 days arrest to sentencing
Murder cases—313 days; Rape cases—133 days; Robbery cases—108 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 victims—majority 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 offender’s address—VINE 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 hearing—Very few victims take advantage
VIS is included in offender’s 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 189—Which 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