CJUS 4650 1st Edition Lecture 15 Outline of Last Lecture I. Victims and ProsecutorsII. Victim Witness Assistance ProgramIII. Offers to VictimsIV. Dismissing ChargesOutline of Current Lecture V. Victims and Defense AttorneysVI. Victims and JudgesVII. Victims and JuriesVIII. Victims and Corrections OfficialsCurrent LectureVictims and Prosecutors- Negotiating Pleaso Defendant agrees to plead guilty in exchange for some kind of consideration (usually a reduction in charges).o 97% of convictions secured by accused admitting guilt—often reduced from felony to misdemeanor.o In anticipation of the above, police and prosecutors engage in:o Bedsheetingo Overcharging- Plea negotiations result in:o Reducing court caseloadso Definite conviction (which might not happen if the case goes to trial)o Preventing victims from testifying to reduce emotional distress Children Rape victimso Reducing the prosecution feeling threatened by involvement of victims—revengemotiveo No opportunity for victims to have a defined roleo No mechanisms for victims to challenge decisions of prosecutorVictims and Defense Attorneys- Defense AttorneyThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.o Natural enemy to victimo Attempts to protract the process, discredit witnesseso Sixth Amendment guarantees a “Speedy Trial”— states have time limits for trial after arresto Efforts to delay wear down witnesses, affect memory of witnesses, find info about witnesses and victimso Eventually encourages victim to drop or reduce charges- General Rule: The more serious the charge, the longer it takes to go to trial.- 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 mean-spirited.o Cast aspersions on character of victimo Often trashes victim in controversial casesVictims and Judges- Most conflict results during bail setting and sentencing.- Eighth Amendment prohibits excessive bail.- More than half of victims of serious crimes face the prospect that the 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.- Sentencing can be influenced by victims in two ways:o Conveying their requests in writing to the judgeo Expressing their views orally in person at sentencing hearing (allocution)- Victim Impact Statements (VIS) can provide valuable information to a judge.o Often included in a pre-sentence investigation and reviewed by judge prior to sentencing- 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 for more U.S. Supreme Court rulings regarding victims—majority of these decisions rejected victim arguments.Victims and Juries- Sixth Amendment guarantees a defendant that he will be judged by a jury of his peers.- Issues and questions regarding the victim-juror relationship:o Victims influence outcomes because of emotionso Which jurors will accept and trust victim testimonyo Jurors could be victims of serious crime themselveso Jurors may consider victim’s characteristics and troubles when making accusations and determining sentenceVictims and Corrections Officials- Victims more likely to have contact with probation and parole agents than prison officials.- Victims want two things from agents:o Know when offenders are on probation or parole; protected from harassment or harmo If court ordered restitution, want it on time- Corrections to keep victim advised of offender’s address—VINE System.- Parole boards often receive criticism from both victims and victim groups.o Typically opposed to “early release”o Want to abolisho 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.“And Justice For All”- 14th Amendment promises “equal protection under the law” for all citizens.- Is justice blind to all groups in the pursuit of justice?- Are all victims handled equally?- See Box 7.2—Which Victims Get Better Treatment?o “Differential handling” needs to be researched again to see if still persists