DEFENDANTS AND VICTIMS
I. Defendants are not representative of the
population at large.
A. Significantly younger,
overwhelmingly male
1. 93% of state prison
inmates are male
2. Women are less likely
to be arrested and more likely to be charged with lesser offenses
B. Disproportionately members of racial minorities
1. 64% of state prison inmates are racial or ethnic
minorities.
2. One in three young black males are either in prison, on
probation, or on parole.
C. More likely to come from broken homes
D. Less educated
E. More likely to be married
F. Less likely to be married
G. Likely to have prior convictions
H. Violent offenders likely experienced abuse and violence
in their families.
I. A small group of criminals are responsible for a
disproportionate share of crime.
J. The majority of crimes are nonviolent.
II. Victims have become more important in recent
years.
A. The decline in victim power
1. In Colonial America, victims played a central role in
justice and in criminals’ fates.
2. When crime became viewed as an offense against the
state, the role of the victim decreased.
3. As prosecutorial dominance increased, victim power
decreased.
B. Frustration and hardships
1. Trial delays result in frequent travel and wasted time.
2. Long waits in uncomfortable surroundings
3. Lost wages for time spent in court
4. Fear of defendant retaliation
5. Lack of sympathy from justice officials
C. Testimony
1. Many victims feel as if they are on trial.
2. Most of what we know about the ordeal of testifying in
court comes from studies of rape cases.
3. Despite problems and frustrations, most victims and
witnesses still express overall support for the court process.
III. Victims have a variety of relationships with
offenders and the courts.
A. Lack of cooperation
1. Many victims and witnesses are reluctant to become
involved in the criminal justice process.
2. More than half of all major crimes are never reported to
police.
3. Witness testimony is often questionable.
4. Victim cooperation increases the odds of prosecution.
B. Victim-defendant relationships
1. Roughly half of all violent crimes are committed by
someone known by the victim.
2. Court officials view crimes involving individuals who
know one another as less serious, often treating them as private disputes
instead of offenses against the community.
C. Domestic Violence
1. Women are the victims in 85% of all domestic violence
incidents.
2. Women are six times more likely than men to experience
violence committed by an intimate.
3. Advocacy groups have succeeded in getting domestic
violence to be treated as a serious offense.
4. Research has found mixed results for the effectiveness
of arrest on reducing domestic violence.
5. Civil sanctions can also be used to combat domestic
violence.
IV. In recent years increasing efforts have been
made to assist victims and witnesses.
A. Federal Encouragement
1. The Victim and Witness Act (1982) required greater
protection and fair treatment for victims and witnesses in federal cases.
2. The Victims of Crime Act (1984) authorized the use of
federal funds for state victim programs.
3. Federal programs have paved the way for improving victim
treatment.
4. There are three common types of initiatives:
a. Victim/witness assistance
b. Victim compensation
c. Victim’s bills of rights
B. Victim assistance
1. Programs encourage cooperation in the prosecution of
criminals by reducing inconveniences
a. Provide secure and comfortable waiting areas
b. Assist with recovering stolen property
c. Provide crisis intervention
d. Help victims understand the criminal justice process
e. Notify victims and witnesses of upcoming court dates
2. Most victims’ assistance programs are based out of
criminal justice agencies.
3. Today most jurisdictions have such programs.
4. Evaluations of these programs have yielded mixed
results.
C. Victim compensation
1.
Problems with defendant accountability
a.
Most criminal defendants have no money to pay for personal or property damages
b.
For many crimes no offender is convicted and restitution is impossible
2.
The rational for compensation programs is that the government should
counterbalance the losses suffered by victims due to criminal acts
3.
The first compensation program began in California in 1965
4.
The victims of crime Act (1984) established the Crime Victims Fund, financed
primarily by fines paid in federal courts
5.
All states have enacted similar programs
6.
deficiencies of compensation programs
a.
Most programs only provide for medical expenses and some lost wages, not for
lost or damaged property
b.
Cumbersome administrative procedures
c.
strict eligibility requirements
d.
"Family exclusion"
D. Victims bill of
rights
1.
varying viewpoints and proposals
2.
one view is based on protecting the rights of victims and not defendants through
significant law reforms
a.
Abolishing the exclusionary rule
b.
limiting bail
c.
restricting plea bargaining
d.
imposing harsher punishment
3.
The popular view emphasizes improvements in court procedurs to accommodate
victims and witnesses, such as the National Conference of te Judicial Practices
a.
Fair treatment of victims and witnesses through better information about court
procedures
b.
Victim participation and input at all stages of judicial proceedings
c.
better protection of victims from harassment, threats, intimidation, and harm
V. The
victims' rights movement
A. Victim advocacy groups have
become a power political voice
1.
Mother Against Drunk Driving (MADD
2.
National organization of Victim Assistance
B. victims
rigts v. defendants rights
1.
At whose expense should victims be compensated?
2.
The plight for victims' rights represents the historical conflict between the
due process model and crime control model