Unit 4 - Chapter 7 - Victims and the Criminal Justice System - Part 2

Question 1

District attorneys

Answer 1

County prosecutors in the US are elected, not appointed. Problem - they can be more interested in getting reelected rather than doing what is right

Question 2

Assistant district attorneys

Answer 2

Lawyers who personally work with the victims. Supposed to:

1. Keep victims informed on the progress of the case, whether charges have been upgraded, or dismissed
2. Make sure that the victims cannot be intimidated into not testifying.
3. Keep victims current with court dates, etc.
4. Help victims retrieve stolen goods which were seized as evidence

Question 3

Economic burden on those serving on juries

Answer 3

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.

Question 4

Protecting victims who serve as witnesses for the prosecution

Answer 4

Need protection from intimidation and reprisals

Question 5

How can we reduce fears about reprisals from acting as a witness?

Answer 5

1. Make intimidation a misdemeanor
2. Police forces ought to set up victim/witness protection squads
3. Judge should issue orders of protection and consider violations as grounds for contempt-of-court citations and revocations of bail
4. Judges should grant continuances rather than drop all charges against defendants if complaining witnesses mysteriously fail to appear when subpoenaed
5. Prosecutors must avoid revealing information concerning the whereabouts of victims, even after cases are resolved

Question 6

Another kind of intimidation to not testify

Answer 6

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

Question 7

Cultural intimidation

Answer 7

Pressure by friends and family not to testify for fear of reprisal of some nature

Question 8

Plea negotiation

Answer 8

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

Question 9

Bedsheeting

Answer 9

When the police add as many charges as possible to the main charge so there is something to “plea down”

Question 10

Overcharging

Answer 10

An abusive practice in which prosecutors lodge charges that are not well-supported by the available evidence

Question 11

Consideration

Answer 11

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

Question 12

Cop a plea

Answer 12

Slang meaning to admit guilt during negotiations in return for “consideration” (concessions) by the prosecution that might disappoint a punitively oriented victim

Question 13

Courtroom work group

Answer 13

Insiders, especially prosecutors, defence attorneys, and judges, who share a common interest in resolving cases routinely and quickly

Question 14

Disposed of

Answer 14

Resolved in court; by implication, quickly and efficiently

Question 15

Going rate

Answer 15

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

Question 16

Sentence disparity

Answer 16

Sharp differences in punishments imposed on people who committed the same crime

Question 17

Allocution

Answer 17

The chance to speak out and advocate for oneself in court, now available to victims as well a defendants

Question 18

Pre-sentence investigation report

Answer 18

In most jurisdictions, the victim impact statement is incorporated into the pre-sentence investigation report prepared by a probation officer

Question 19

Bifurcated capital trials

Answer 19

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

Question 20

Equal protection under the law

Answer 20

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

Question 21

Blind justice

Answer 21

An ideal situation in which the victim’s characteristics as well as the offender’s characteristics do not influence legal proceedings

Question 22

Differential handling

Answer 22

The accusation that some people receive better treatment in the criminal justice system than others because of sex, race, or class

Question 23

Second-class treatment

Answer 23

Recognized as part of differential handling; inferior treatment of certain victims by government officials

Question 24

Red carpet or VIP treatment

Answer 24

A situation in which victims receive preferential handling by criminal justice officials that is clearly superior to what others experience