1. Courts and Criminal Justice in America CHAPTER Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger| Worrall Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Defendants and Victims: Their Roles and Rights 10

2. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Introduction Judges, prosecutors and defense attorneys make up the courtroom workgroup Two important, but less visible, figures are the victim and the offender  Several advances in recent years ensure that victims are not ignored  Most criminal defendants are relatively unknown persons, a “nobody”

3. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendant Characteristics Who is the typical defendant?  Overwhelming majority of crimes are committed by males Especially true of murder, rape, and weapon offenses Much more equality across the sexes for fraud and forgery Two crimes committed more frequently by females are child abuse and infanticide

4. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendant Characteristics  There are more black than white defendants Offenses where there are more white than black defendants include motor vehicle theft There are more black defendants than white defendants for crimes of violence  Most offenses are committed by people older than 40 years of age Specific crimes like robbery are committed mostly by young people

5. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court The Right to Counsel  Three constitutional provisions govern the defendant’s right to counsel  Fourteenth Amendment Due Process 1932 Powell v. Alabama Several poor defendants were not represented by counsel at their trial The Supreme Court argued that defendants’ due process rights were violated

6. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court  The Sixth Amendment Right to Counsel 1938 Johnson v. Zerbst and 1942 Betts v. Brady The Supreme Court recognized the right to counsel in federal prosecutions Changed in 1963 with Gideon v. Wainwright Argersinger v. Hamlin, the Court extended the right to counsel to misdemeanor cases

7. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court  The Fifth Amendment and Self- Incrimination Provides that no person “shall be compelled…to be a witness against himself” Miranda v. Arizona applies only during police-citizen encounters that amount to custodial interrogation

8. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court Effective Assistance of Counsel  Defense representation must be effective for the Sixth Amendment to be satisfied  Only applies where the right to counsel applies, e.g. Does not apply to a defense attorney’s failure to file a timely discretionary appeal

9. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court  Ineffective assistance claims can be filed against both retained and appointed counsel (Cuyler v. Sullivan)  When is Counsel Effective? The Supreme Court first tried to answer this question in 1970 with McMann v. Richardson Standard was a little vague

10. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court The Supreme Court provided clarification with Strickland v. Washington Created a two-pronged test for determining effective assistance of counsel The defendant must show that counsel’s performance was deficient (“performance prong”) Must also show that the deficient performance prejudiced the defense (“prejudice prong”)

11. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court  When is Counsel Ineffective? Bell v. Cone: a D.A.’s failure to present any mitigating evidence or make a closing statement didn’t qualify as ineffective assistance Rompilla v. Beard: defense counsel is bound to make reasonable efforts to obtain and review material it knows prosecution will probably use Florida v. Nixon: defense strategy of acknowledging the client’s guilt was not deemed ineffective

12. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court The Pro Se Defense  Criminal defendants have a constitutional right to represent themselves at trial  Not every defendant is allowed to proceed without counsel (Johnson v. Zerbst)  In certain cases, the court can require that standby counsel be available to the defendant (McKaskle v. Wiggins)

13. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court Counsel of the Defendant’s Choice?  The Sixth Amendment does not guarantee the indigent defendant permission to choose counsel But if an indigent defendant can show that they are not being represented adequately, another attorney can be appointed  Even if a defendant can afford counsel, there may be reasons that they may be forced to hire another attorney

14. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court Confrontation  The Defendant’s Right to be Present The defendant has the right to be physically present but also mentally competent Physical Presence Illinois v. Allen suggest that the accused has the right to be present

15. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court In cases after Allen, the Court placed restrictions on physical presence: 1) Only during “critical” proceedings 2) Can be voluntary waived or forfeited

16. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court  The Defendant’s Right to Live Testimony The defendant has the right that witnesses physically appear in the courtroom to give their testimony Mattox v. United States asserts that the defendant’s right to live testimony is subject to exceptions, e.g. the witness is deceased or in the hospital

17. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court Hearsay: Witness testimony can be introduced by a 3rd party Hearsay is generally not admissable in criminal trials Several exceptions to the hearsay rule

18. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court  The Defendant’s Right to Challenge Witness Testimony Cross examination is, for example, when the state has the opportunity to cross-examine the state’s witness Scope of direct rule Limited to matters covered on direct examination Inquiries into the credibility of the witness are also permissible

19. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court  The “Dark Side” of Confrontations If the defendant refuses to take the stand and testify, a jury may believe the defendant has something to hide The defendant’s presence in the courtroom may remind jurors of the crime Estelle v. Williams

20. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court Compulsory Process  The Compulsory Process Clause of the Sixth Amendment Provides that the defendant can use subpoenas to obtain witnesses, documents, and other objects useful to the defense The right to compulsory process was made binding on the states in Washington v. Texas

21. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Defendants in Court The Defendant’s Marginal Role  The defendant generally sits idly by while the court process plays out  Defendants are mostly at the mercy of their attorneys An undereducated defendant may have difficulty understanding court events Many defendants are distrustful of authority figures, even their own attorneys

22. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Victims and the Courts The rights and privileges in our constitutions benefit everyone, not just the criminal element  Crime victims, however, do not benefit from protections like right to counsel  The crime victim’s role in the court process tends to be quite marginal

23. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Victims and the Courts Victimization  The National Crime Victimization Survey gives details on crime victim characteristics Insert Figure 10-2 Victim Characteristics (Sex, Race, Age)

24. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Victims and the Courts  Victim-Offender Relationships Most crimes are not “random” Insert Figure 10-3 Victim-offender Relationship In Violent Offenses

25. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Victims and the Courts Victim Images and Attitudes  Victim Attitudes Toward the Courts Issues victims face in the court process include dealing with delays and securing services Victims want to be involved in some capacity

26. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Victims and the Courts  Court Impressions of Victims Difficulty in securing testimony and cooperation from victims, e.g. domestic violence cases

27. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Victims and the Courts Victim Involvement  There has been a push toward more victim involvement in recent years  The Movement to Get Victims Involved Beginning in the 1970s, victim groups started to organize Interest groups also gave the victims rights movements a voice, e.g. MADD

28. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Victims and the Courts The victims rights movement has been responsible for at least two major changes: Assistance to victims, e.g. shelters and financial assistance The emergence of victim rights, e.g. A “voice” in the sentencing phase

29. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Victims and the Courts  Victims Assistance The 1984 Victims of Crime Act Services without criminal justice involvement Victim compensation programs  Victims Rights Victim Voice Laws Notification and Participation

30. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Victims and the Courts  Should There be a Victims Rights Amendment? Multiple states amended their constitutions to provide victim rights. Amend the federal constitution? Who would be responsible for infringements? Who could be considered a victim?

31. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Victims and the Courts  Other Victim Remedies Victims can sue for monetary damages Victims can seek restraining orders  Censorship Has the victims rights movement run its course? Courts are prohibiting witnesses and victims from using “hot-button” words e.g. “rape”, “victim”, “murderer”, “crime scene”