Crime Victims: An Introduction to
Victimology
Sixth Edition
By Andrew Karmen
Chapter Seven:
Victims’ and the Criminal Justice
System: Cooperation and Conflict,
Part Two
1
Victims and Prosecutors
 Prosecutors are chief law enforcement officer
within the jurisdiction
– How they can serve victims:
 Keep 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
2
Victims and Prosecutors
 Victim Witness Assistance Projects
(VWAP)
 To address witness and victim complaints
 Intended to restore faith in CJ system
– Personal intervention as soon as possible
– Immediate relief to injured parties:
 Hotlines, shelter, food, counseling, transportation and
immediate lock repairs
3
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 158
 Prosecutor should offer victim:
Protective services, phone number change,
door locks, Orders of Protection, new home
or relocate, Victim Witness-Protection
Program
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
 Dismissing or rejecting charges based on
several issues:
– Police officials, others in prosecutor’s office,
defense attorneys, judges, community leaders,
media, and vocal interest groups all affect
prosecutor’s decision
– 51% of all felony cases in 1981 not pursued
– 45% of all felony cases in 1988 not pursued
6
Victims and Prosecutors
 Negotiating Pleas
– Defendant agrees to make confession for
consideration
– 95% of convictions secured by accused
admitting guilt—oftentimes reduced from felony
to misdemeanor
In anticipation of the above, police and
prosecutors engage in:
Bedsheeting
Overcharging
7
Victims and Prosecutors
 Plea negotiations result in:
– Reducing court caseloads
– 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
8
Victims and Defense Attorneys
 Defense Attorney
– Natural enemy to victim
– Attempts to protract the process, discredit witnesses
– Sixth Amendment guarantees a “Speedy Trial”—some
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 witness to drop or reduce
charges
9
Victims and Defense Attorneys
 General Rule: The more serious the charge,
the longer it takes to go to trial—1988 Data:
– Pleas guilty—114 days arrest to sentencing
– Trial—241 days arrest to sentencing
– Murder cases—313 days; Rape cases—133
days; Robbery cases—108 days
10
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 meanspirited
– Cast aspersions on character of victim
– Often trashes victim in controversial cases
11
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
12
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
13
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 170 for more U.S. Supreme
Court rulings regarding victims—majority of these
decisions rejected victim arguments
14
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 off 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
15
Victims and Corrections Officials
 Parole boards often recipient of 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
16
“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 175—Which Victims Get Better
Treatment?
 “Differential handling” needs to be researched
again to see if Box 7.2 data still persists today
17
Key Terms
District Attorney
Assistant
District Attorney
Consideration
Plea Bargaining
Plea
Negotiations
Cop a plea
Bedsheeting
Overcharging
Sentence disparity
Allocution
Equal Protection
under the law
Blind Justice
Differential
Handling
Second Class
Treatment
Red Carpet
VIP Treatment
18