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UW-Milwaukee CRMJST 275 - Criminal Defendants and Crime Victims

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CRM JST 275 1st Edition Lecture 14Criminal Defendants and Crime VictimsI. Criminal Defendantsa. Characteristics of Defendantsi. Come from all backgroundsii. Habitual offenders: 70% crimes committed by 7%iii. More often:1. Male – 83%2. Minority – 71%3. Younger4. Lower education, unemployed, indigent5. Had prior CJ contact – 61%6. Currently under CJ supervision 31%Suspect: Non-chargedDefendant: ChargedII. Rights in the Court Processa. Right to a Speedy Trial (6th Amend.)i. Specific time limits for trial to occur1. WI: 60-90 day in-custody, 90-120 out-of-custody2. Rarely met (e.g. Casey Anthony or Jodi Arias)ii. Defendants can freely waive right to speedy trial (Barker v. Wingo, 1972)1. Also means defendant must affirm right2. Why waive right? To prepare, time and witness memory, guiltyprepare family, evidence/forensics test, experts, b. Right to be Present at Triali. 14th AmendmentThese 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.1. Unfair to conduct trial without defendant presentii. Right may be forfeited or waived by defendant1. E.g. trial in absentia, excessive disruptioniii. Also right to appear in civilian clothing and without visible restraints (for in-custody)1. Presumption of innocence in jury’s eyesc. Right to Compulsory Process and to Present a Defense (6th Amend.)i. Right to compel individuals to testify as witnesses for the defense1. Via subpoenaii. Provides defendants with additional rights1. E.g. Right to put on a defense at trial2. Limits: relevancy of testimony/evidenced. Right to Testify on own behalfi. Rock v. Arkansas (1987) (5th, 6th, & 14th Amend.)ii. Limits:1. Needs to be reliable and relevant2. Can’t commit perjurye. Right to Confront and Cross-Examine Witnesses (6th Amend.)i. Right to confront witnesses and evidence of prosecution at trial1. Physical presence of witness under oath2. Cross-examine witnessesa. Challenge evidence against themb. ImpeachmentReliability: vision, agememory truth, intoxication (credibility)impairment, personal bias (racist, sexistetc.), prior recordIII. Hearsay and Confrontation Clausea. Hearsay: Second-hand evidencei. Pre-2004: admissible under rules of evidence1. Reliability and trustworthy sourceii. 20 exceptions to hearsay rule1. E.g. 911 calls, dying declarationsb. Crawford v. Washington (2004)i. Statements testimonial = inadmissible1. E.g. statements to police and lab reportsii. Statements non-testimonial = admissible1. E.g. 911 callsIV. Victim Characteristicsa. Diverse backgroundb. Mostly:i. Young, minority, male, lower socioeconomic statusii. Prior recordsiii. Non-stranger relationship with defendantc. Role of victim characteristicsi. “Stand up” victim and credibility assessmentii. Victim/defendant relationshipV. Victim Rights Movementa. Grassroots efforts 1970-1980’sb. Victims of Crime Act (VOCA, 1984)i. Funds for agencies, compensationc. Victim’s Bill of Rights in Wisconsin (1980)i. 32 states haveii. Goals: privacy, protection, participationd. Federal Crime Victims’ Rights Act (2004)i. Common rights across nationii. E.g. Right to: be informed, arrest, be heard, compensation**Constitution does not have a specific victim’s rights bill**e. Additional rights commonly encountered in some states:i. Restitutionii. Treated with dignity and respectiii. Speedy trialVI. Victim Services/Rightsa. Crime Victim Compensation Programi. Alternative to restitution or civil suitsii. E.g. medical expenses, lost wagesb. Victim Impact Statementi. During sentencing, victim’s voice heardii. Input: sentencing, how affectedc. Victim/Witness Assistance Programsi. Program Requirements:1. Types of victim: from homicide, DUI, rape, Sexual Assault, assault, DV2. No property cost compensation3. Must report to police within 5 days and file claim within a year4. Victim must fully cooperate and must not have had any part in precipitating the crimeii. Trained to do work with victimsiii. Do: inform on case, waiting areas, provide CVC formsVII. Working with Victimsa. Experience as a victim advocatei. Inform of charges/what to expectii. Safety planningiii. Court support1. Including restraining order filingsiv. Referrals for resourcesE.g. housing, locks changed,


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UW-Milwaukee CRMJST 275 - Criminal Defendants and Crime Victims

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