Counseling Chapter 7 Irm Had Recent Consensual Sexual Intercourse The Day Prior The Alleged Assault

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IRM 7-17

had recent consensual sexual intercourse (the day prior to the alleged assault) with her boyfriend,

R.M. E.B. also told the nurse practitioner that she and her boyfriend, R.M., had been very sexually

active over the six months that they had dated.

On one hand, questioning of the nurse practitioner could serve the purpose of reinforcing the

information obtained from the direct questioning of E.B. and could be important to the defense

What would you do?

a. Decide to allow the questioning of the nurse-practitioner. You think the case against Shaw is strong

regardless of the outcome of the direct questioning of the nurse-practitioner, and will not have much more

of an influence on the jury.

Summary A

You decide to allow the defense attorney to question the nurse practitioner about the statements

E.B. made about the recent sexual activity between E.B. and R.M. but warn the defense attorney to

not venture into the notation in the medical report about E.B. and R.M. being very sexually active

in the past six months. You believe this decision strikes the correct balance between what is relevant

Summary B

You decide to not allow the defense attorney to question the nurse practitioner about E.B.’s

statements related to the prior sexual history of E.B. and R.M. You determine that no new

information will be discovered. You also have concerns that the statement that E.B. and R.M. being

very sexually active in the prior six months would be disclosed. You know that you cannot control

every aspect of the questioning of the nurse practitioner by the defense attorney. Because the

alleged victim, E.B., is very young, members of the jury could make a moral judgment about her

IRM 7-18

To learn more about defense attorney cross examination and the role of judges in regulating this

process, see “Victims and Defense Attorneys,” and “Victims and Judges.”

Question 3

Which of the following words or phrases best describes the role of the trial judge in a criminal case?

a. referee

b. advocate

c. guardian of victims’ rights

d. guardian of offenders’ rights

Question 4

A 1991 Supreme Court decision reinforced that the central idea behind a rape shield law is to keep what

kind of information about a victim’s prior sexual history out of the court proceedings?

a. irrelevant information

b. all information

c. relevant and irrelevant information

d. embarrassing information

IRM 7-19

d. Incorrect. To many, any information about prior sexual history is embarrassing. Courts are to assess not

the potential embarrassment of the information, but rather, its relevance. See “Victims and Judges,”

LO11, Bloom’s: Understand

What Would You Do?

The defense attorney in the case also made a second request, and you must decide whether the

defense attorney will be permitted to also question the nurse practitioner who conducted the

medical exam about E.B.’s prior sexual behavior with her boyfriend, R.M. E.B. made statements to

What would you do?

a. Decide to allow the questioning of the nurse practitioner. You were initially concerned that the

information the defense attorney sought could be obtained through a less-intrusive means than direct

Summary A

You decide to allow the defense attorney to question the nurse practitioner about the statements

E.B. made about the recent sexual activity between E.B. and R.M. but warn the defense attorney to

not venture into the notation in the medical report about E.B. and R.M. being very sexually active

in the past six months. You believe this decision strikes the correct balance between what is relevant

(recent sexual activity that is related to the origin of the vaginal injury in question), while not

Summary B

You do not trust that the defense counsel seeks only to question the origin of E.B.’s vaginal injury.

Rather, you think his motive in the request to question both E.B. and the nurse practitioner is to

open up the jury to the notion that this is a sexually promiscuous 16-year-old. You are concerned

about the appeal that will likely come based on your decision to not allow direct questioning of

either E.B. or the nurse practitioner, but are willing to take the risk that if convicted by the jury it

will not be overturned on appeal.

In these types of situations, it’s important to remember that as a judge, your role is to act as referee

within the adversary system.

IRM 7-20

To learn more about defense attorney cross examination and the role of judges in regulating this

process, see “Victims and Defense Attorneys,” and “Victims and Judges.”

Chapter 7 Review

1. The juvenile justice system operates differently than the adult justice system. Characteristics unique to

the juvenile justice system include all of the following EXCEPT __________.

a. the juvenile justice system operates on the principle of rehabilitation rather than punishment

b. the names of the accused youth may not be revealed in news reports, even though victim information is

revealed

c. victims have more opportunities to share with the court what the juvenile did to them and how they

would like the case to be resolved

d. while the case progresses through the juvenile court system, the youth will probably be released to a

parent or guardian

2. In which area have activists been LEAST successful in gaining rights for victims of crime?

a. The addition of pro-victim language to the Bill of Rights

b. The passage of laws by city and county governments

c. The addition of pro-victim language to state constitutions

d. The successes of grassroots activists

IRM 7-21

c. Incorrect. The resulting failure at changing the nation’s Bill of Rights led many to turn to state

constitutions as the avenue whereby victims’ rights could be established. By 2017, activists in 36 states

3. When contemplating the impact of victims’ rights, the zero-sum game model endorses all of the

following EXCEPT looking at how victims’ rights __________.

a. come at the expense of the criminal

b. come at the expense of the criminal justice system

c. come at the expense of either the criminal or the justice system, depending on how those rights are

expressed

d. for one group of victims come at the expense of other groups of victims

4. Which of the following is a victims’ right that has yet to be given to those who have been harmed by an

offender?

a. Have any royalties and fees paid to notorious criminals confiscated and used to repay victims or to fund

victim services

b. State in a victim impact statement what punishment the offender should receive

c. Be protected from suspects whose pretrial release on bail might endanger them

d. Privacy concerning any medical records or statements made to counselors

IRM 7-22

b. Correct. The victim impact statement is an opportunity for victims to share with the judge the extent of

the physical, emotional, and financial harm they and their families experienced from the victimization. It

5. Victims’ rights that have been gained at the expense of criminal justice agencies and officials include

all of the following EXCEPT the right to __________.

a. be notified in advance of all court proceedings and of changes in required court appearances

b. be notified if a prisoner will be appearing before a parole board to seek early release

c. be paid by the state for pain and suffering resulting from the victimization incident

d. have stolen property that has been recovered and held as evidence returned as soon as possible

6. Which of the following is a positive outcome of empowering victims within the workings of the

criminal justice system?

a. The victim could serve as an ally with criminal justice officials.

b. The victim could interfere with the case agenda for the prosecutor.

c. Constitutional rights of the offender could be diminished.

d. Different cases could have different outcomes.

IRM 7-23

b. Incorrect. It is possible that the case agenda for the victim and for the prosecutor are in direct conflict

with each other. For example, the victim may want the charges to be dropped, but the prosecutor has

enough evidence to pursue the charges against the defendant. LO5, Bloom’s: Understand [Toward

Greater Formal Legal Rights within the Criminal Justice System]

c. Incorrect. The Sixth Amendment spells out numerous due process protections for the defendant. The

rights of the victim to be present and to be heard only extend until they begin to infringe on the rights of

the defendant. LO5, Bloom’s: Understand [Toward Greater Formal Legal Rights within the Criminal

Justice System]

d. Incorrect. Offenders are fearful that if victims are empowered, then they will receive a much harsher

sentence than if the victim’s role remained as a witness for the state. If each case outcome was tailored to

the victim, similar cases could have different outcomes. LO5, Bloom’s: Understand [Toward Greater

Formal Legal Rights within the Criminal Justice System]

7. In which way will the Prosecutor’s office be LEAST able to assist crime victims?

a. Keeping victims informed as to the status of their case

b. Protecting the victims from harassment and intimidation

c. Getting the victim’s property from the police as soon as it is recovered

d. Making sure the case is resolved as quickly as possible

8. When it becomes impossible to balance the needs of the victim, government, the prosecutor’s office,

and the prosecuting attorney’s own career, whose needs typically are met last?

a. Victim

b. Government

c. Prosecuting attorney’s office

d. Prosecuting attorney’s own career

IRM 7-24

entities conflict, the prosecuting attorney will meet the needs of the government. LO7, Bloom’s:

Understand [Victims and Prosecutors]

c. Incorrect. The office of the prosecuting attorney will be juggling numerous cases at various stages at

the same time. Thus, no one case can monopolize the attention of the office. If necessary, the needs of any

one victim may be placed on the back burner while other administrative needs are being met. LO7,

Bloom’s: Understand [Victims and Prosecutors]

d. Incorrect. The prosecuting attorney has committed years to obtaining a degree in law and then

establishing a career where he or she has risen to the role held. Victim demands that conflict with

continued career needs will often be overlooked or delayed. LO7, Bloom’s: Understand [Victims and

Prosecutors]

9. Victim/Witness Assistance Projects (VWAPs) provide all of the following services EXCEPT

__________.

a. assistance for immediate lock repairs if one’s home was broken into

b. last-minute phone calls or texts to defense witnesses about changes in hearings

c. arrangements for transportation to and from court

d. assistance with signing up for an automated notification system

10. Which of the following is a false statement regarding the intimidation of victims and witnesses?

a. The federal Witness Security Program assists only law-abiding citizens in relocating and establishing a

new identity when testifying against organizations like the mob or street gangs.

b. Intimidation of victim levels have not changed substantially over the past few decades.

c. When citizens respond to threats of intimidation with their own violent acts, we see an increase in

vigilantism within the community.

d. The primary responsibility for protecting victims from intimidation falls to the prosecuting attorney.

IRM 7-25

11. The prosecutor is MOST likely to pursue a case against the offender when which standard has been

met?

a. No interest in the case has been expressed by the media or community members.

b. There are serious doubts about the guilt of the accused.

c. The case is challenging, and the odds of conviction are low.

d. The victim is credible and cooperative.

12. In 2009, what percentage of felony cases in the 75 busiest urban U.S. counties were plea negotiations?

a. 95

b. 75

c. 45

d. 25

13. Which is the primary reason why victim activists are critical of plea bargains?

a. The practice of bedsheeting

b. The practice of overcharging

c. The victim’s inability to formally challenge a plea bargain

d. The victim is spared undergoing cross-examination

14. Which practice of the defense attorney is LEAST likely to be seen as directly antagonistic towards the

victim?

a. The cross-examination of state witnesses during trials

b. The offering of advice to defendants about legal proceedings and the options they can exercise

c. The postponement of hearings

d. Participating in plea negotiations with the prosecuting attorney

IRM 7-27

often to a crime that only faintly resembles what he or she experienced. Victims may feel that the

punishment the defendant receives as a result of the defense attorney’s negotiations is not equal to the

harm perpetrated. LO9, Bloom’s: Understand [Victims and Defense Attorneys]

15. What is the significance of the Eighth Amendment for victims?

a. Establishes the defendant’s right to a speedy trial

b. Allows for electronic monitoring of defendants while on bail

c. Prohibits judges from setting excessive bail for the defendant

d. Gives victims the right to be present and heard at bail hearings

16. Which of the following represents the problem of sentencing disparity?

a. Some victims get to have a say in the offender’s sentence whereas others don’t.

b. Defendants see judges as representatives of the state and thus partial to prosecution.

c. Victims see judges as protectors of the rights of defendants instead of providing for an appropriate

sentence relative to the harm experienced by the victim.

d. There is variation among judges in the severity of punishment handed out in comparable cases.

IRM 7-28

17. Each of the following is true about victim impact statements EXCEPT __________.

a. victim impact statements are typically incorporated into the presentence investigation report

b. all 50 states and the District of Columbia allow for victim impact statements

c. victim impact statements, in all of its forms, are supported by the Eighth Amendment of the

Constitution

d. another form of victim impact statement is known as allocution

18. What is the requirement that judges must announce the actual minimal amount of time a defendant has

to serve before he or she is eligible for release from confinement?

a. Allocution

b. The truth-in–sentencing rule

c. A bifurcated capital trial

d. A presentence investigation report

IRM 7-29

a. they are serving on a jury of their peers

b. the defense attorney was more successful during the process of voir dire

c. the victim behaves in a restrained manner during the trial

d. they are a former victim

20. Which Supreme Court decision opposed victims’ interests and rights?

a. Gonzales v. Castle Rock Police (2005)

b. Maryland v. Craig (1990)

c. Davis v. Washington (2006)

d. Maryland v. King (2013)

21. Each of the following is true regarding the interactions victims have with corrections officials

EXCEPT __________.

IRM 7-30

a. correction officers can utilize an electronic notification system to inform victims as to the status of their

offender

b. victims expect probation and parole officers will work to keep the victim safe from further harm by the

offender

c. victims can expect to spend many years interacting with jail officials as the offenders serve their

sentences

d. when the sentence includes a requirement of restitution, victims want corrections officials to provide

them the payments on schedule

22. Recent studies have examined the victims’ experience with parole boards. In which study area were

the findings positive in light of victim involvement?

a. Number of corrections departments that notify victims of the upcoming parole hearings

b. Level of involvement by victims at the parole hearings

c. Extent of influence victims had on the outcome due to their participation in the parole hearings

d. How satisfied victims were as a result of participation in the parole hearings

IRM 7-31

d. Incorrect. A study in New York found that even if the victim participated in the parole hearing, there

was no increased sense of satisfaction with the justice system. LO14, Bloom’s: Understand [Victims and

Corrections Officials]

23. What does the Fourteenth Amendment of the Constitution promise?

a. Due process

b. Equal protection under the law

c. Differential handling

d. Second-class treatment

24. When are judges MOST likely to give more serious sentences to defendants?

a. When their victims are unemployed

b. If the victims were related to the offenders

c. When the offenders are black, but their victims are white

d. If victims provoked the attack by the offender

25. Prosecutors are MORE likely to charge the defendant in all of the following situations EXCEPT when

the victims __________.

a. have a prior arrest record

b. are women and the offender is a male stranger

c. have high status in the community

d. can establish that they weren’t engaged in misconduct themselves at the time of the crime