How the System Handles Victims

2/3/09 9:14 PM How the System Handles Victims Double victimization Suffer at the hands of a criminal Further abuse by the system Systems can create more conflict than resolution for victims What do Victims want for Offenders? Three Goals Punishment Rehabilitation Restitution Punishment Make example of the criminal Incapacitate Revenge Prevents vigilantism Retribution Rehabilitation Professionals help offenders Become dismayed when policies cause offenders to become more violent Restitution Want to recoup losses Money to pay the bills incurred Victims and the Police Reporting incidents Combined reporting rate (NCVS, 2004) = 40% Most likely to report crimes where weapons, physical injuries, or substantial financial losses occurred. Responding Quickly Want police to respond quickly and apprehend offender Victims often call relatives or friends first Witnesses verify first Investigating complaints Officers seemed disinterested and unconcerned Conclude lack of credibility and stop investigation Studies show: Protective coating of emotional detachment Macho norms of police culture Solve Crimes Homicides ? 50% solved in a week, 93% within a year Larceny -18% closed successfully Vehicle Theft ? 13% closed successfully Robbery ? 26% result in arrest Rape ? 58% have no one arrested Aggravated Assault ? 44% no one arrested Victims and Prosecutors How can they serve victims? Keep informed of case Support victims wishes Protect from harassment, threats, intimidation Resolve quickly Victim Witness Assistance Programs Address victim and witness complaints Intended to restore faith in the CJS system Personal intervention Immediate relief Protecting Victims and Witnesses Attempts to get victims to drop charges Prosecutor should offer protective services Plea Negotiations Overcharging Benefits Prevent testimony Accusations of revenge Victims and Defense Attorneys Natural enemy to victim Attempts to prolong process and discredit the victim Encourage the victim to drop/reduce charges 6th amendment right to speedy trial competition between sides attacks on victim?s character Victims and Judges most conflicts during bail and sentencing 2/3 of victims of serious crimes face prospect that offender will be out on bail Denying bail results in offender being punished before conviction. Booth v. Maryland ? 1987 Victim impact statements (VIS) were not admissible in penalty phase of murder trial Reversed in Payne v. Tennessee ? 1991 Admissible if execution is an option Use is not widespread Victims and Corrections Officials More likely to have contact with Pos than prison officials Victims want: To know when offenders are released To be protected from harassment or harm Restitution on time Parole Boards receive criticism from victims Typically opposed to early release Support determinate sentencing Provide victims with opportunity to appear at parole hearings VIS is included in offender?s file for use in decision making 2/3/09 9:14 PM 2/3/09 9:14 PM