Counseling Chapter 9 Homework What Reasons Would You Provide Support The

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Chapter 9

Defendants, Victims, and Witnesses

LEARNING OBJECTIVES

After reading this chapter, students should be able to:

1. List the three characteristics of defendants.

2. Describe how victims and witnesses view the court process.

4. Discuss the prior relationships between defendants and victims and why this is

important in domestic violence cases.

6. Explain why some view victim programs as aiding victims whereas others view

these programs as manipulating victims.

LESSON PLAN

Correlated to PowerPoints

I. Characteristics of Defendants

Learning Objective 1: List the three characteristics of defendants.

A. Overwhelmingly Male

i. Felony defendants tend to be young, overwhelmingly male,

disproportionately members of racial minorities, more likely to come

from broken homes, less educated, more likely to be unemployed, and

less likely to be married.

ii. Sex, poverty, and race figure prominently in discussions of crime and

crime policy.

B. Mostly Underclass

i. Typically, felony defendants possess few of the skills needed to compete

C. Racial Minorities Overrepresented

i. African-Americans, Hispanics, and Native Americans are arrested,

convicted, and imprisoned at significantly higher rates per capita than

whites.

Class Discussion/Activity 1

Discuss the three most common characteristics among defendants (male, lower

class, minorities). Why do students think these characteristics are so common

among defendants? Are these characteristics functioning as a proxy for some other

characteristics? What other characteristics might be functioning? What might be

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suggested by the reality that defendant and victim characteristics are so similar?

ones described in your textbook?

Media Tool

Read the information at the National Youth Gang Survey website:

See Assignment 1

II. Defendants in Court

A. The defendant is supposed to stand at the center of the criminal court drama.

Yet typical felony defendants are largely powerless to control their fates; they

are more objects to be acted upon than keys to what happens.

B. Because most defendants are poor and uneducated, they are ill equipped to

deal with the technical abstractions of the criminal court process.

C. Pro Se Defendants

i. More and more court litigants elect to act pro se, meaning they serve as

their own attorneys.

ii. Although legal representation is provided free of charge to indigent

criminal defendants, not all defendants avail themselves of this right.

iii. Although a “right” to self-representation is not explicitly mentioned in

the Sixth Amendment, in Faretta v. California (1975), the U.S. Supreme

Court determined that the right to make one’s own defense is implied by

the plain language of the Amendment.

D. The Pitfalls of Social Media for Defendants

i. Modern American defense attorneys often complain that they could win a

ii. Since the privilege against self-incrimination doesn’t apply to voluntary

statements made by defendants, social media and other forms of

electronic communication may be used as evidence in court.

iii. These forms of communication have been used against defendants in past

cases (Dharun Ravi, People v. Binkerd).

III. Courts Through the Eyes of Victims and Witnesses

Learning Objective 2: Describe how victims and witnesses view the court

process.

A. Frustrations in Coping with the Process

i. Several studies have documented the hardships victims and witnesses

face while participating in the criminal court process (Cannavale &

Falcon, 1976; Connick & Davis, 1983; McDonald, 1976).

ii. Although some are minor inconveniences, such as getting to the

courthouse and finding a parking place, other hardships are more

significant: trial delays, which result in frequent travel and wasted time;

B. Travails of Testifying

i. Victims and witnesses also face major problems while testifying in court.

After enduring cross-examination, some victims report feeling as though

they, and not the offender, have been portrayed as the criminal.

C. Surprising Support for the System

i. In spite of these challenges and frustrations, most victims and witnesses

still express overall support for the court process (Hagan, 1983).

Class Discussion/Activity 2

What are the frustrations that victims/witness must deal with in the court process?

What could a courthouse do to help address these frustrations?

Write a three-page paper discussing the traumas that victims of crime experience and

ways that these traumas might be best addressed.

Media Tool

See Assignment 1

IV. Victims and Witnesses Through the Eyes of the Court

Learning Objective 3: Describe how court actors view victims and witnesses.

A. The criminal courts confront a double bind with regard to victims.

B. On the one hand, victims are valued for the cases they bring to the system,

but on the other hand, individual victims represent a potential source of

irrationality in the process.

C. The personal and often emotional involvement of victims in the crime

D. Members of the courtroom workgroup also know that particularly in violent

and gang-related crime the same individual may, at difference times, be a

victim, a witnesses, and an offender (Dedel, 2006).

E. Lack of Cooperation

i. Many victims and witnesses are reluctant to become involved in the

criminal justice process. Scholars refer to this lack of cooperation as legal

cynicism.

ii. Some witness-related problems include giving the police incorrect

addresses, failing to show up in court, and offering testimony that is

confused, garbled, or contradicted by other facts.

iii. Not all uncooperative behavior can be blamed on victims and witnesses,

however; the court process can be equally at fault.

F. Witness Intimidation

i. One form of noncooperation involves witness intimidation. Persons who

have been victims of crime, or witnessed a crime, may be pressured not

to testify.

G. Social Media and Victims

i. Similar to defendants, victims’ social media may have their claims

scrutinized against their posts.

Class Discussion/Activity 3

Why do some members of the courtroom become frustrated with victims of crime?

If you were going to implement a program to improve the relationship between

victims and courtroom work group actors, what would you do? How would your

program help the members of the courtroom workgroup? The victims?

See Assignment 2

V. Characteristics of Victims

Learning Objective 4: Discuss the prior relationships between defendants and

victims and why this is important in domestic violence cases.

A. Crime victims are more likely to be young, nonwhite, male, divorced or

never married, low income, and unemployed (Elias, 1986; Truman &

Morgan, 2016). Thus, in many ways the profile of victims matches that of

defendants.

B. Prior Relationships Between Defendants and Victims

i. An important factor that influences case processing is the prior

relationship between defendants and victims. Prior relationships between

defendants and victims are very common.

C. Intimate-Partner Violence

i. The prior relationship between victims and defendants is most apparent

in crimes against women. Women are much more likely than men to

experience violence committed by an intimate partner.

ii. Historically, police officers made an arrest in these situations if taking the

suspect into custody seemed the only way to ensure no more violence

iii. Advocacy groups for intimate-partner victims have worked vigorously

for policy changes designed to make the criminal justice system treat

domestic violence as a serious offense.

iv. The criminalization of domestic violence has also greatly increased the

workload of the courts.

v. Legal sanctions against domestic violence are not limited to criminal law.

Victims of domestic violence may request a civil protection order.

textbook. What is the reason for the difference?

Media Tool

Read an article at the Centers for Disease Control and Prevention (CDC) website

section entitled Injury Prevention and Control: Division of Violence Prevention:

See Assignments 3 and 4

VI. Aiding Victims and Witnesses

Learning Objective 5: Identify three types of programs that are designed to aid

victims and witnesses in coping with the criminal justice process.

A. Public and governmental concern over the plight of victims has prompted

numerous pieces of legislation.

B. The Victim and Witness Protection Act, a federal law passed in 1982,

required greater protection of victims and witnesses, and also mandated

guidelines for the fair treatment of victims and witnesses in federal criminal

cases.

C. The Victims of Crime Act of 1984 authorized federal funds for state victim

programs.

D. The four most common types of initiatives are: victim/witness assistance

programs; victim compensation programs; a victim’s bill of rights; and

victim impact statements.

E. Victim/Witness Assistance Programs

i. Victim/witness assistance programs are designed to help better navigate

the court process.

F. Victim Compensation Programs

i. Victim compensation seeks to provide economic assistance for victims of

crime.

G. Victims’ Bill of Rights

i. The Victims’ Bill of Rights seeks to provide rights for victims because

defendants already have rights.

H. Victim Impact Statements

i. Victim impact statements are allowed by courts in every state. They are

typically intended to advocate for more severe sentencing.

Class Discussion/Activity 4

Victim assistance and victim compensation programs are well established in many

jurisdictions, but are they enough to compensate victims for their losses?

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What If Scenario

If you were to help rewrite your state’s domestic violence laws, would you treat

domestic violence criminals more severely, or like any other street-level violent

criminal? Why?

What If Scenario

What if you were to testify before a legislative committee on whether or not funding

should be provided for restorative justice programs for victims and witnesses of

crime? What reasons would you provide to support the implication and financial

support of such programs?

What If Scenario

What if you were the chair of a commission created jointly by the governor and the

state legislature to write a brand new Victim’s Bill of Rights for your state; list five

major rights you would include in the bill, and explain why.

See Assignments 5, 6, 7, and 8

VII. Aiding or Manipulating Victims?

Learning Objective 6: Explain why some view victim programs as aiding

victims whereas others view these programs as manipulating victims.

A. The Victims’ Rights Movement

i. The victims’ rights movement involves people striking back to turn

tragedy into action and rage into reform (Office for Victims of Crime,

1998). The best known of these organizations is Mothers Against Drunk

B. Differing Goals

i. There are differing goals within the victims’ rights movement, with some

concerned with secondary victimization and others focused on punishing

defendants.

C. Do Victims Benefit?

i. While everyone agrees victims and witnesses should receive better

treatment, there are questions about who should fund these programs and

whether they are even beneficial. Meaningful interactions with the system

leads to greater satisfaction overall.

Class Discussion/Activity 5

What inroads has the victims’ rights movement made regarding changes in the

criminal justice system and process?

See Assignment 9

KEY TERMS

career criminals: The 7 percent of offenders who commit over 70 percent of serious

criminal offenses.

civil protection order: Court order requiring a person to stay away from another person.

defendant: The person or party against whom a lawsuit or prosecution is brought.

pro se: Defendants who speak on their own behalf by serving as their own attorney.

standby/shadow counsel: Lawyers appointed by the court to assist pro se defendants.

victim impact statements: Written or oral information about how the crime impacted the

victim and the victim’s family.

LECTURE NOTES

The typical defendant found in court or incarcerated is a male who comes from the

underclass rung of society. He has typically been abused, neglected, or been brought up

in a violent family. He is typically uneducated, unmarried, and more often than not comes

from a single family home. Additionally, he is often unemployed and can range from

being a first time offender to a violent offender who is a career criminal. Women account

Defendants in court normally lack trust in the system. Their distrust is sometimes evident,

when defendants act hostile and untrusting towards the courtroom work group, whose

members have the ability to assist in the defendant’s case. Because many defendants are

uneducated, they often lack the ability to understand the dynamics of the courtroom and

Frustrations can be great for victims of crime. They can include lack of involvement in

the case and with the prosecutor, lost wages, uncomfortable surroundings, uncertainty of

the day-to-day operations of a courtroom, and overall worries of retaliation in cases

time. Because of these issues, many states have moved toward victim advocacy and

assistance to those who have been victimized.

The number of domestic violence arrests has risen significantly over time as more

policies have been put in place to aid these victims. These policies have been enacted on

behalf of both men and women who are victims of domestic abuse, although most often

these victims are women. Because of the severity of this problem, police and prosecutors

have begun a push toward prosecuting cases involving domestic violence. Some states

have family courts specifically for this type of problem in their communities. The

POSSIBLE DISCUSSION POINTS FOR CLASS DISCUSSION QUESTIONS

1. Students will have different ideas about the reason for the commonality of these

characteristics. Discussion may focus on theories identifying the causes of crime.

2. Victims and witnesses face frustrations in coping with the process including: getting

3. Differences in experiences based on different demographics and social histories

should be discussed. May ask students to describe what the neighborhoods and

4. Discuss whether or not these programs are helpful, including the fact that studies

show these programs are not used often. Because of eligibility requirements for

5. Victim/witness assistance programs, victim compensation programs, victims’ bills of

ASSIGNMENTS

1. “The Typical Federal Defendant”

• Assignment: Using the link to the website, have students find the

demographics characteristics of the most recent case processing statistics for

the federal government. Have the students find the same statistics for your

state, and compare and contrast them with the statistics for the federal

government. Ask them to discuss what they believe are the reasons for the

similarities and differences.

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2. Interview a member of the courtroom workgroup in your local courthouse. Ask them

to tell you the most frustrating aspects of their career. Write a paper reporting the

information from the interview. Did they mention victims/witnesses? If so, what did

they have to say and how does it relate to what was written in the text. If not, wh4y

do you think they did not mention them?

3. Compare and contrast the common view of defendants and victims as described in the

chapter. Why do you think that most people are misinformed about the typical

relationship between victim and defendant? Write a one-page paper summarizing

4. “Intimate Partner Violence, 1993–2010”

5. Have students choose one of the three types of programs designed to help victims and

witnesses coping with the criminal justice process (victim/witness assistance, victim

6. Find ten crime stories in your local paper from a specific week. Make sure the story

includes the name of the accused, and list the race, gender, and socioeconomic status

• Victim/Witness Assistance Program (VWAP) website

• Assignment: Have students answer the following questions using information

from the website. What services are available through VWAP? How can you

help VWAP? What events does VWAP have? What different rights do

juvenile victims/witnesses have beyond those of adults?

8. How do victims/witnesses view the court process? Is it surprising that so many

support the process? What could each member of the courtroom workgroup do to

improve the court process experience for victims/witnesses? Create an outline, with

9. “Mothers Against Drunk Driving”

• Mothers Against Drunk Driving website

• Assignment: Have students research the site and describe (in their own words)

what the mission is of MADD. What companies are listed as financial

supporters of MADD? Were any of these surprising to you? How might the

mission of MADD and the financial supporters of MADD sometimes come

into conflict?