Ch. 9 Defendants, Victims, and Witnesses

what are the characteristics of defendants

• significantly younger

• overwhelmingly male

• disproportionatley racial minorities

• less educated

• more likely to be unemployed

• less likely to be marries

describe how the defedant is at the center of the criminal court process

• they are largely powerless to control what happens

• most are uneducated, economically disadvantaged, and lack technical understanding of the court process

• they may not understand simple instructions about their rights or the presumption of innocence

• many hold unfavorable attitudes toward the system and distrust the actors within it

defendents need to be what to stand trial

competent (mental state)

Dusky v United States (1960)

to be competent to stand trial, defendants must possess

• a rational as well as factual understanding of the proceedings

• sufficient present ability to consult with their lawyers with a reasonable degree of understanding

why is a state-provided psychiatric evaluation is used

to determine competency and may help prepare an insanity defense if appropriate

what are pro se defendents

defendants to represent themselves in court proceedings - more common in civil cases

they can be expensive and time consuming for the courts

what are the pitfalls of social media for defendants

• privilege against self-incrimination does not apply to voluntary statements

  • public positing of material on social media sites may be used as court evidence

  • electronic information may be accessible by law enforcement by posing as a “friend” or “follower”

  • law enforcement may also use traditional methods of subpoenas, search warrants, and court orders to access private social media data

how would one describe victims and witnesses in criminal trials

lost of forgotten, little research is done on victims or witnesses

what is victimology

the scientific study of physical, emotional, and financial harm people endure because of illegal activities

describe the frustrations of coping with the process

victims become subordinate when their crime became an offense against the state

• power of victim declined as prosecutorial dominance increased

• victims lose control over their cases and their role is reduced to assisting in the investigation and testifying at trial

what are some hardships that victims and witnesses have to endure

• trial delays

• long waits

• lost wages

• fear of the defendant and the defendant’s associates

• a sense of indifference on the part of criminal justice personnel

how does trauma informed prosecution attempt to avoid retraumatization through the victims participation in the criminal legal process

• giving victims to opportunities to participate in numerous stages of the case

• providing them with honest and transparent information

• maximizing the victim’s privacy both in and out of court

• preparing victims for what will happen in court

is it uncommon that a victim in also a witness and an offender

no

how many major crimes are not reported to the police

more than half

what contributes to lack of participation by victims and witnesses

• fear of stigmatization or retaliation

• failing to notify about court appearances

• rights and duties were not explained by court personnel

• witness intimidation

what are some characteristics of victims

they are a diverse group but they are more likely to be

• young

• non white

• male

• divorced or never married

• low income

• unemployed

how many violent crimes have been committed by victim’s relatives, friends, or acquaintances

more than 56%

what are some key developments in law relating to victims

• victim and witness assistance programs encourage cooperation by reducing inconveniences of participation

• victim compensation programs help victims with costs associated with their victimization

• victim statements are written ot oral information provided by the victim on how the crime impacted them and their family

more on victim impact statements

• may be disallowed if inflammatory and highly prejudicial

• may be used as restorative justice to permit victims to vent frustrations

• appear to have little impact on sentences