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
1
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
2
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
3
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%
4
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
5
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
6
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
7
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
8
Victims and Defense Attorneys
 Defense Attorney
– 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
9
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
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 184 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 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
15
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
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 189—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 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
18