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Chapter 7: Victims’ Rights and the Criminal Justice System
from Crime Victims: An Introduction to Victimology, 10e by Andrew Karmen
LEARNING OBJECTIVES
Upon completing this chapter, the student should be able to:
L02. Describe the legal rights victims have gained in the last 50 years.
L04. Explain how the exercise of certain victims’ rights might impact criminal justice agencies and
professionals.
L06. Identify the ways that prosecutors can serve victims’ interests.
L08. Identify the complexities of the witness intimidation problem.
L10. Discuss how judges’ bail and sentencing decisions affect victims.
L12. Describe how jurors might react to victims and their plight.
L14. Identify the reasons why victims might want to influence parole board decisions.
L15. Explain differential handling.
LESSON PLAN
Correlated to PowerPoints
I. Victims and the Juvenile Justice System [Learning Objective 1]
A. Basic information on the juvenile justice system
2. The juvenile justice system began in 1899 in Cook County Illinois.
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4. Victims are not permitted an active role in juvenile cases.
5. UCR data show juveniles account for 10 percent of cleared violent crimes and 14
percent of solved property crimes in 2016.
See Assignment 1
Media Tool
“Bill Would Prohibit California from Sending Youth under 16 to Adult Courts” (https://chronicleofsocialchange.org/news-2/new-bill-
would-prohibit-ca-from-sending-youth-under-16–to-adult-courts/31931)
-An article from the Chronicle of Social Change
-Discussion: Who should determine at what age offenders are tried in adult court? The article claims that this change
will aid victims. Do you agree? If so, what affects will it have?
II. Toward Greater Formal Legal Rights within the Criminal Justice System
A. Victims’ rights movement [Learning Objective 2]
1. Victims’ rights originated from several different sources.
2. Social movement has expanded victims’ rights geographically.
a. Box 7.1 details examples of victim activism.
3. It has institutionalized a self-reinforcing cycle—calling attention to a problem
and bringing about reforms.
B. The Quest for a Constitutional Amendment Guaranteeing Victims’ Rights
2. Since 1986, reformers have been concentrating on a states-first strategy.
a. Thirty-six states have injected amendments.
4. Opponents to altering the Sixth Amendment claim that it will undermine the
presumption of innocence before a defendant’s guilt is established.
5. Crime Victim’s Rights Act (CVRA) of 2004
a. It applies only to the federal criminal code.
b. Victims are to be treated fairly and with concern for their dignity,
privacy, and safety.
c. They are to be informed of court proceedings.
d. Victims have the right to restitution.
What If Scenario
Should the Sixth Amendment be altered to enhance victims’ rights? Hold a classroom debate arguing both sides of the issue.
C. The Achievements of the Victims’ Rights Movement
1. Rights of crime victims must be grouped for comparison and analysis.
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i. Zero-sum game model has three categories of victims’ rights:
those who gained at the expense of criminals, those who gained
at the expense of the criminal justice system, and those who
gained at the expense of either offenders or officials.
D. Rights Gained at the Expense of Offenders [Learning Objective 3]
1. Some argue that reform means shifting the balance of power away from
2. Critics raise two objections:
a. When offenders suffer more, victims do not suffer less.
b. Many measures do not empower victims but strengthen government’s
control.
Class Discussion/Activity
Pro-victim reform often comes at the expense of others. Why do victims argue so strongly for reforms that increase victims
suffering (especially knowing they still will not suffer any less)? Do you think these are short-term or long-term issues?
Explain your reasoning.
E. Rights Gained at the Expense of the Criminal Justice System [Learning Objective 4]
2. These rights were first enacted in 1980 with Wisconsin’s Bill of Rights for
3. Victims also have received protections from the whims of employers.
See Assignment 2
F. Rights Gained at the Expense of Offenders, the System, or Both [Learning Objective 5]
2. Critical junctures for victim input
a. Arraignments where bail is set
3. Victim empowerment has several problems:
a. Victim wishes may not align with that of prosecutors’ offices, judges,
4. Criticisms could be overcome by
a. Providing complainants with advocates
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b. Reading victims their rights
5. Box 7.2 lists legislation introduced by crime victims.
III. Victims and Prosecutors
A. Prosecutors’ offices are like public law firms. [Learning Objectives 6 and 7]
1. District attorneys and assistant district attorneys serve victims by
a. Keeping them informed of the status of their cases
2. Conflicts can arise when prosecutors cannot balance the interests of the
government, their bureaucracies, and their clients.
a. Prosecutors sacrifice the interests of the victims most often.
B. Assisting Victims and Other Witnesses for the State
1. Difficulties faced by witnesses have been well-known for decades.
a. Waiting for hours, being ignored, losing wages or time at school
2. In 1974, the National District Attorneys Association (NDAA) surveyed victims
and other witnesses to determine the extent of problems.
a. To address the issues found, it funded the first Victim/Witness
Assistance Projects (VWAPs), which assume that services will:
i. Elicit greater cooperation from witnesses
ii. Be good for community relations
b. VWAPs raise ethical concerns.
i. Denying services to a victim whose cooperation is not needed is
See Assignment 3
Class Discussion/Activity
In small groups, create a list of merits and of potential concerns with VWAPs. Share your lists with the class, creating an
overall list. Do you think the merits outweigh the benefits?
C. Protecting Victims Who Serve as Witnesses for the Prosecution [Learning Objective 8]
1. Victims must be protected from intimidation and reprisals.
2. NCVS measures nonreporting rates.
3. Measuring intimidation is difficult and yields contradictory findings.
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4. More research is needed to determine what groups are more vulnerable, what
6. Witness Security Program safeguards witnesses testifying against the mob,
gangs, and drug traffickers.
D. Dismissing Charges and Rejecting Cases
1. When prosecutors and/or judges dismiss or reduce charges, victims feel
2. Private prosecution may empower victims.
Class Discussion/Activity
Research private prosecution. Is it an effective means of prosecution in other countries? Do you believe the system still has
merit in the United States? If so, discuss how it would affect victimization.
E. Negotiating Pleas
1. Most cases are resolved via plea negotiation.
a. Typically, the defendant confesses in return for some consideration
2. Some victims want active roles in plea negotiations that resolve their cases.
3. Many victims believe criminals gain advantages via plea negotiations.
4. This may actually benefit some victims by saving them from emotional distress.
What If Scenario
Should victims have more say in plea negotiations? Hold a classroom debate arguing both sides of the issue. Use evidence
found in the text and in scholarly articles.
IV. Victims and Defense Attorneys [Learning Objective 9]
A. Postponing Hearings
1. Sixth Amendment guarantees the right to a speedy trial.
2. When stalling for time
3. Postponements can prolong and intensify victim suffering.
4. In general, the more serious the charges, the longer to resolve the case.
B. Cross-Examining Witnesses during Trials
2. Sixth Amendment gives defenders the right to confront their accusers.
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3. Accusers are presumed mistaken until their credibility is proven beyond
reasonable doubt.
4. Cross-examinations can be ordeals for witnesses.
a. Defense attorneys may use harsh tactics but are prohibited from
5. Trials are rare events. Bringing indictments to jury trials depends on two factors:
7. Murder trials wherein the defense attorneys malign the deceased are upsetting.
Media Tool
A Time to Kill
-A full-length feature film about the trial of a man who killed his daughter’s rapists
-Discussion: Who are the victims in this film? Do you think Billy Ray and Pete should be entitled to the same rights
as other victims? How are Carl Lee, Billy Ray, and Pete treated by the prosecution? By the defense? How did you feel about
the outcome of the trial? Would it surprise you to know that people in other countries (especially France) were disgusted by
it?
What If Scenario
Choose a recent story about a violent crime. With another classmate, take turns playing the role of the defense attorney and
the victim-as-witness under cross-examination. Discuss the problems, including emotional issues, faced in playing each role.
V. Victims and Judges [Learning Objective 10]
A. Granting Bail
1. Eighth Amendment prohibits the setting of excessive bail.
2. Bail is denied:
3. Amount of bail depends on charges and record of the defendant.
4. If defendants are denied bail or cannot raise the proper amount, they are sent to
jail before conviction.
a. Compromise solution is to allow bail and forbid contact with the
complainant and all witnesses.
B. Sentencing Offenders
2. Sentence disparity motivates victims’ rights advocates to press for greater input.
3. Potential impact of victims’ desires on sentencing is limited because so many
4. Victims can make their wishes known in two ways:
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5. Victims’ statements often are incorporated into the presentence investigation
report prepared by probation officers
6. Advocates urge a truth-in–sentencing rule so that victims know the earliest
7. Controversy rages over permitting a murder victim’s family to speak in the
penalty phase of a bifurcated capital trial.
a. Juries should hear the turmoil of loved ones.
b. Impact statements can be inflammatory.
See Assignment 4
Class Discussion/Activity
Watch a video of a victim impact statement. Many are on the Internet. How did that statement affect you as a private citizen?
How might it impact you as a juror or as a judge?
C. Appealing to the Supreme Court [Learning Objective 11]
1. Decisions serve as a precedent for future cases.
2. The Supreme Court hears only cases on appeal and that regard to issues of
constitutional law.
3. Box 7.3 details decisions that affect victims.
See Assignment 5
VI. Victims and Juries [Learning Objective 12]
A. Sixth Amendment guarantees judgment by a jury of peers in the jurisdiction where the
offense took place.
2. Questions from a victim-centered perspective:
a. Do victims influence outcomes by displaying emotions or by being stoic?
b. What kinds of jurors most trust victim testimony?
c. Have jurors experienced serious crime themselves?
d. Do jurors consider victims when they determine sentences?
3. Judges often dismiss potential jurors who were victims, assuming closed-
mindedness.
See Assignment 6
VII. Victims and Corrections Officials [Learning Objective 13]
A. Keeping Track of Offenders and Receiving Reimbursement from Them
1. Victims want two things from probation and parole officers:
2. Corrections officials safeguard victims by keeping them informed of inmates’
whereabouts.
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B. Influencing Parole Board Decisions [Learning Objective 14]
1. Parole boards deal with inmates who have inflicted serious harm.
2. Most convicts are denied parole.
4. Three rationales justify parole:
5. Prisoners’ right groups, crime control organizations, and victims all call for an
6. Victim input is limited at parole hearings.
Media Tool
Brubaker
-A full-length feature film about a warden who poses as a prisoner and seeks to bring about reform
-Discussion: How does this film define “victim?” Does it suggest that prisoners’ rights are as important as victims’
rights? Why or why not?
What If Scenario
Should victims have more say in parole hearings? Hold a classroom debate arguing both sides of the issue. Use evidence
found in the text and in scholarly articles.
VIII. And Justice for All? [Learning Objective 15]
A. Fourteenth Amendment promises equal protection under the law or blind justice.
1. The United States is ruled by laws, not men.
B. Recognizing “Second–Class” Treatment
1. There is a discrepancy between official doctrines and actual practices.
a. Some victims get red carpet or VIP treatment while others are
2. Statistics show much evidence of differential handling.
3. Social scientists have evidence of differential access to justice.
a. Pledges of fair treatment do not go far enough.
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4. An independent office or commissioner or ombudsman can monitor case
outcomes to ensure victims are receiving services need, according to new laws.
See Assignment 7
Class Discussion/Activity
How do you define fair treatment? Do all victims deserve red carpet or VIP treatment by prosecutors? If not, what separates
those victims from others?
LECTURE NOTES
Each state has the constitutional authority to determine at what age adulthood begins and for which
crimes this distinction applies. Arrestees who are not old enough to be considered adults are handled by
its juvenile justice system. In nearly all states, the age when individuals can be held fully responsible for
their criminal behavior is 18. This separate system is designed to operate according to a different set of
courthouse to courthouse. Since 1980, most state legislatures have passed packages called “Victim’s Bill
of Rights” that generally promise victims the following: to be handed with fairness, respect, and dignity;
to be notified in a timely manner about, and to be present and be heard at important judicial proceedings;
to promptly get back stolen property that was recovered and held as evidence; to be protected from
intimidation and harassment; and to receive restitution or compensation.
One way to assess the achievement of the victim’s rights movement is to note at which stage of the
criminal justice process these options can be exercised. Another way is to note at whose expense they
were gained. In the zero-sum game model, the gains can be assessed against those who have lost rights
such as criminals, the criminal justice system, or both. Some argue that enhancing victim’s rights at the
expense of suspects can make convicts suffer more without victims suffering less. For example, when
defendants are denied pretrial release when improperly obtained evidence is used against them or when
the victim’s desire for revenge is manipulated by the government to enhance its punitive powers. If one
considers rights gained at the expense of the system, these would include extra effort, time, and money
expended to provide services that were not formally available on a routine basis for victims. Some
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Prosecutors are the chief law enforcement officers in their jurisdictions. They represent the interests of the
county, state, or federal government. Their offices also supply the lawyers who deal directly with victims.
Therefore, prosecutors’ offices can be viewed as public law firms offering free legal services to
complainants who are willing to cooperate and testify as witnesses. To a great extent, victims are on the
and power at her disposal to protect the victim and witnesses against retaliation from the defendant. The
ADA can also aid in retrieving property for the victim.
The difficulties, inconveniences, and frustrations faced by victims serving as witnesses for the
prosecution have been known for decades. Chief among them is negotiating pleas. The vast majority of
cases carried forward are resolved through out-of-court settlements known as plea negotiations. A plea
interests, which usually translates, if not into getting entirely out of trouble with the law, at least into
being sentenced to less than the maximum punishment.
The Sixth Amendment to the Constitution guarantees accused persons the right to a speedy trial. Hence,
problems of congested court calendars and needless delays usually have been approached from the
defendant’s standpoint. Many states and the federal government have set limits on the amount of time that
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than others. Serious felonies such as murder, rape, aggravated assault, and robbery go to trial more often
than cases involving lesser crimes such as burglary or auto theft. Rape complainants are the most likely to
be subjected to hostile cross-examination by defense attorneys. About 5 percent of all rape cases are
resolved through trials with the help of the complainant’s testimony.
threat of penalties for perjury) about any wounds, medical bills, counseling costs, other expenses,
insurance reimbursements, and lifestyle changes resulting from the crime. Statements of opinion ask
victims what they would consider to be fair and just. In most jurisdictions, the victim impact statement is
incorporated into the presentence investigation report prepared by a probation officer.
Corrections officials include jail and prison wardens and guards, and probation and parole officers.
by the contemporary media. Achieving parallel justice for all victims may mean the creation of an
independent office wherein a commissioner or ombudsman can monitor case outcomes to ensure victims
are receiving services they need.
KEY TERMS
allocution: A formal speech in which victims convey their requests to judges at sentencing hearings.
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blind justice: Equal protection under the law as promised by the Fourteenth Amendment to the
Constitution. It asserts that the federal and state criminal justice systems are to regard social factors such
as class, race, nationality, religion, and sex as irrelevant to the administration of the law.
consideration: Concessions from the government, including dropping certain charges (often the more
due process: Procedural consistency (following all the required steps) that ensures fair treatment.
equal protection under the law: As promised by the Fourteenth Amendment to the Constitution, the
federal and state criminal justice systems are to regard social factors such as class, race, nationality,
religion, and sex as irrelevant to the administration of the law. Also known as blind justice.
going rate: Appropriate penalties for specific crimes in a certain jurisdiction at a certain time.
red carpet or VIP treatment: A situation wherein victims receive preferential handling by criminal
justice officials that is clearly superior to what others experience.
reform: To make changes in the criminal justice system to improve the outcomes.
second-class treatment: Recognized as part of differential handling; inferior treatment of certain victims
by government officials.
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truth-in-sentencing rule: A requirement that judges calculate and announce the earliest possible date
that a convict could be released from confinement, taking into account time off for good behavior behind
bars and parole immediately upon eligibility.
Victim/Witness Assistance Projects (VWAPs): Programs providing information, services, and support
so that victims and witnesses can better cope with the problems they encounter with the criminal justice
system.
ASSIGNMENTS
1. Interview someone who works in the juvenile justice system. Discuss the way in which he or she
thinks the lack of victim empowerment in these cases affects the system. Report your findings to the
2. Critique a scholarly journal article on the victim’s perceptions of the court process. Be sure to provide
3. Compare the websites of a rural, a suburban, and an inner-city prosecutor’s office. How do their
4. Prepare five questions about the involvement of crime victims in the court process. Then, ask those
questions during interviews with a prosecutor, a defense attorney, and a judge. Present your findings
5. Using the Internet, research one of the Supreme Court decisions presented in Box 7.3. What reasons
6. Watch this short news story about a jury pool wherein two of the jurors were victims of crimes
7. Spend a day observing court proceedings and taking field notes. Pay specific attention to the
treatment of victims. Do some get special treatment? Are some treated worse than others? Note any
MULTIPLE CHOICE ANSWER KEY
Chapter 7 You Decide: Judicial Decisions on the Limits of Rape Shield Law in a Sexual Assault
Case
Once a case reaches the court process, the activity that occurs is considered adversarial. The
prosecution represents the state’s interests, the defense attorney represents the defendant, and the
judge is a third-party mediator. This structure, for the most part, is not very victim-friendly. Defense
attorneys and judges in their roles must make decisions that are counter to the interests of the alleged
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victim. In addition, the prosecution, who also has the role of management of state resources, may make
decisions that are not supported by the alleged victim.
The central issue in this scenario examines the difficult debate over rape shield law protections for
Question 1
At a trial a defense attorney questions the alleged victim and attempts to catch the victim in a lie or to
paint doubt as to the credibility of what the alleged victim told the police about what happened. The
defense attorney is exercising the defendant’s right to _______.
a. confrontation
b. the going rate
c. no sentence disparity
d. a victim impact statement
Question 2
The rape shield law is an outgrowth of a movement which was concerned that victims of crime are
relatively ignored compared to offenders. This movement is called _______.
a. the Victims’ Rights Movement
b. the Civil Rights Movement
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c. the Balanced Rights Movement
d. the Criminal Rights Movement
What Would You Do?
The state has a rape shield law, which is designed to protect victims of sexual assault from having
his or her prior sexual history brought up in court proceedings. The defense asserts that E.B.’s
vaginal injury is from recent sexual activity with her boyfriend, R.M. You must decide whether the
defense counsel will be able to directly question E.B. about her prior sexual activity with her
boyfriend, R.M.
You look into the rape shield law in your state. You find that a defendant in a sexual assault case
may overcome the presumption that past sexual behavior of the alleged victim is not admissible
What would you do?
a. Decide to allow questions be submitted to E.B. about her recent prior sexual relations with R.M. The
defense has made a convincing claim that the questions are designed to show that E.B. is not only
sexually active but also that she and R.M. have in the past had an aggressive and somewhat turbulent
You decide to allow questions be submitted to E.B. about her recent prior sexual relations with
R.M. The questioning will be in private and tape recorded for the jury to see and hear to reduce the
embarrassment and harm to E.B.
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Let’s review two more concepts before you make another decision about this scene.
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 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
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. E.B. made statements to the nurse practitioner during the medical exam that she