1. Court System and Practices
Assembly Line Justice
Court System and Practices

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3. Role of the Victim
Report the crime – prompt reporting helps ensure preservation of evidence and increases the victim’s credibility
Preserve the evidence – evidence will be gathered, photographed, and documented for later use in court

4. Role of the Victim (continued)
Seek medical attention
Victims may have physical injuries that need attention
Medical records are a documentation of evidence
Victims should also seek counseling if needed
Crime victim’s compensation can help victims with the cost of treatment/counseling

5. Role of the Victim (continued)
Meet with police and prosecutors
First responding officers will get basic information regarding the crime
Detectives will generally follow up with a more thorough investigation
After charges are filed a prosecutor will be assigned
Prosecutors and victims’ advocates will meet with and interview the victim

6. Role of the Victim (continued)
Testify
Adult Victims
Victims’ advocates will prepare a victim for what to expect during the testimony and the contents of testimony needed
Victims will be held in a separate area during the trial until it is their time to testify
Prosecutors will ask questions first
The defense attorney will then cross-examine

7. Role of the Victim (continued)
Testify (continued)
Child Victims
The judge will ask the child questions to determine if the child is capable of testifying
Testifying can be an important part of the healing process for the child
The child will be prepared by prosecutors and advocates prior to testimony

8. Role of the Victim (continued)
Make a Victim Impact Statement – tells the judge and jury how the crime has impacted the victim and his or her family physically, emotionally, and financially
Register for notification of the defendant’s release – Notifies victims about the defendant’s (offender’s) status, parole eligibility, parole hearings, release from custody and transfer to minimum security facilities

9. Victim Impact on Trial Victim Impact Statements
“…are written or oral information about the impact of the crime on the victim and the victim’s family” –National Center for Victims of Crime
Draw jurors away from the procedures of a trial and replaces it with a more human emotion
Are presented before sentencing, but may also be collected during pre-trial proceedings

10. Victim Impact on Trial (continued)
Victim Impact Statements (continued)
Give a glimpse into the defendant’s behavior, the impact it has on the victim and his or her family, and gives recommendations for sentencing
Are used by the court to examine the current crime, criminal history, and medical and psychological stability
Can be presented by the victim’s family in cases of murder

11. Victim Impact on Trial (continued)
Victim participation in investigations
Victims of crime play an essential role in the criminal investigations by providing timelines of events and testimony at trial
Victims provide evidence of the crime
Victims may be called to provide testimony before the court at several different court dates

12. Defendant’s Courtroom Role
Defendant’s demeanor
Dress conservatively
Get a fresh haircut for the trial
Stand up and speak clearly and intelligently
Say, “Yes, your Honor,” and, “No, your Honor”
Be respectful – be courteous – be polite
Be ready and attentive to be called during the trial
Turn off your cell phone and other electronics

13. Defendant’s Courtroom Role (continued)
Defendant’s demeanor (continued)
Be on your best behavior
Take notes of questions and comments for your attorney
The defendant’s behavior and/or demeanor in the courtroom can greatly impact the outcome of the trial (it has been shown in many high profile criminal cases that jurors use the defendant’s courtroom demeanor to determine sincerity and culpability)

14. Defendant’s Courtroom Role (continued)
Codefendant’s role
Plead to a lesser charge in exchange for his or her testimony against the main defendant
Testimony becomes “he said/she said,” and it is then up to the jury to decide who is more truthful
Codefendants may be convicted in a separate trial which can play a role in the trial of the defendant
Multiple codefendants tend to increase likelihood of conviction for the defendant

15. Assembly Line Justice
Definition – cases are treated in a specific way by all parties and a standardized response on how to handle the case is developed. Individual details are largely ignored for the sake of expediency and efficiency.
Defendants are all treated the same. There is no discretion for the court. Defendants are merely pushed through the system.

16. Assembly Line Justice (continued)
Discretion – the power to make decisions on some matters without being bound by precedent or strict rules established by statutes
Juries were put into place as a check on judicial discretion
Judges may use discretion in court proceedings. For instance, the allowing of evidence, during sentencing or as needed during the trial process

17. Assembly Line Justice (continued)
Discretion (continued)
Prosecutors use discretion when determining what charges to bring against defendants and in deciding what witnesses to present
Defense attorneys use discretion in determining whether or not to put the defendant on the stand to testify
Defense attorneys and prosecutors use discretion when deciding whether or not to offer a defendant a plea bargain

18. Assembly Line Justice (continued)
Example – Operation Streamline
Migrants from Mexico and Central America with no prior criminal record have attempted to cross the border in search of work or to reunite with family in the U.S.
The first time offense is a misdemeanor punishable by up to 6 months in prison. Those charged with re-entry face a felony with a minimum of 2 years, and the possibility of 20 years if they have a criminal record

19. Assembly Line Justice (continued)
Example – Operation Streamline (continued)
The program has removed prosecutorial discretion, requiring criminal prosecution of all undocumented border crossers regardless of their history
The program strains the resources of judges, U.S. attorneys, defense attorneys, U.S. Marshals, and court personnel
Voluminous prosecutions of up to 80 defendants at a time force courts to cut procedural corners and deprive violators of their due process rights

20. Resources
Assembly-line Justice: A Review of Operation Streamline
Taking a Stand on Taking the Stand: The Effect of a Prior Criminal Record on the Decision to Testify and on Trial Outcomes
The Interview with Stephen Bright
The Plea Video
National Center for Victims of Crime
Do an Internet search for the following:
Video mom delivers victim impact statement
Ehow victim participation in the criminal justice process
Victim’s role in a criminal prosecution
Defendant’s brain disease impacts trial
Criminal law library blog Jury Expert Has a New Look
Save an innocent life
Legal experts: Co-defendant's testimony will 'make or break' Kissel case