Unit 4 - Chapter 7 - Victims and the Criminal Justice System - Part 2 Flashcards
District attorneys
County prosecutors in the US are elected, not appointed. Problem - they can be more interested in getting reelected rather than doing what is right
Assistant district attorneys
Lawyers who personally work with the victims. Supposed to:
- Keep victims informed on the progress of the case, whether charges have been upgraded, or dismissed
- Make sure that the victims cannot be intimidated into not testifying.
- Keep victims current with court dates, etc.
- Help victims retrieve stolen goods which were seized as evidence
Economic burden on those serving on juries
Often victims make multiple appearances at court and lose wages, incur expenses for parking, food, daycare, etc. and are not compensated for these expenses. They can stand around all day and find that they are not going to be called after all.
Protecting victims who serve as witnesses for the prosecution
Need protection from intimidation and reprisals
How can we reduce fears about reprisals from acting as a witness?
- Make intimidation a misdemeanor
- Police forces ought to set up victim/witness protection squads
- Judge should issue orders of protection and consider violations as grounds for contempt-of-court citations and revocations of bail
- Judges should grant continuances rather than drop all charges against defendants if complaining witnesses mysteriously fail to appear when subpoenaed
- Prosecutors must avoid revealing information concerning the whereabouts of victims, even after cases are resolved
Another kind of intimidation to not testify
Often witnesses do not want to get involved in high-media, high exposure cases, where they can end up tormented by media, or neighbourhood groups
Cultural intimidation
Pressure by friends and family not to testify for fear of reprisal of some nature
Plea negotiation
Most cases are screened out by prosecutors, dismissed by judges, or resolved by out-of-court settlements known as plea negotiations. The purpose of plea negotiations is to avoid going to court. Most often the offender agrees to plead guilty to a lesser charge to put an end to the whole thing
Bedsheeting
When the police add as many charges as possible to the main charge so there is something to “plea down”
Overcharging
An abusive practice in which prosecutors lodge charges that are not well-supported by the available evidence
Consideration
The defendant agrees to confess in return for some consideration from the government, such as dropping certain charges. Often, the consideration is a promise or recommendation for a lesser punishment; a suspended sentence, probation, fine, or less jail time
Cop a plea
Slang meaning to admit guilt during negotiations in return for “consideration” (concessions) by the prosecution that might disappoint a punitively oriented victim
Courtroom work group
Insiders, especially prosecutors, defence attorneys, and judges, who share a common interest in resolving cases routinely and quickly
Disposed of
Resolved in court; by implication, quickly and efficiently
Going rate
A shared notion among members of the courtroom workgroup about the appropriate punishment for conviction of a specific offence at a particular time and place
Sentence disparity
Sharp differences in punishments imposed on people who committed the same crime
Allocution
The chance to speak out and advocate for oneself in court, now available to victims as well a defendants
Pre-sentence investigation report
In most jurisdictions, the victim impact statement is incorporated into the pre-sentence investigation report prepared by a probation officer
Bifurcated capital trials
Two-stage proceeding in which, after the conviction and during the penalty phase, the murder victim’s next of kin can testify and recommend a sentence
Equal protection under the law
A pledge derived from the 14th amendment to the Constitution that promises that criminal justice decision makers will disregard a victim’s or a defender’s social class, race, national origin, gender, age, or religion
Blind justice
An ideal situation in which the victim’s characteristics as well as the offender’s characteristics do not influence legal proceedings
Differential handling
The accusation that some people receive better treatment in the criminal justice system than others because of sex, race, or class
Second-class treatment
Recognized as part of differential handling; inferior treatment of certain victims by government officials
Red carpet or VIP treatment
A situation in which victims receive preferential handling by criminal justice officials that is clearly superior to what others experience
