Chapter Nine: Defendants and Victims

Defendants and Victims are participants of the courtroom workgroup. Defendants and Victims are both subjects and objects of the criminal justice process.

The Defendant Although defendants are the focal point of the criminal justice process, they are generally powerless in controlling their fate.

Seriousness of the Crime and Prior Record are the two main determinants of “legal” diversity among defendants within the criminal justice system. First time offender   Career Offender

Felony Defendant Characteristics OFFENDER RACEGENDER FAMILY STATUS EMPLOYMENTEDUCATION MARITAL STATUS AGE

Characteristics of Defendants

As a society, whose “rights” are more important to protect, the defendant’s rights or, the victim’s rights?

Witnesses are not necessarily victims, however, victims may be the only witness. Collectively then, the victim and witness provide the raw material for the court process. Victims and Witnesses

On one hand, courts value victims because they bring the cases to the criminal justice system. Thus, courts are reactive to the complaints that victims bring. Victims and Witnesses

On the other hand, individual victims and witnesses pose a potential source of irrationality in the process. Victims and Witnesses

As a result, on one hand, eyewitness testimony can be very convincing to a judge or jury. On the other hand, “mistaken eyewitness identification is responsible for more wrongful convictions than all other causes combined,” (Huff et al., 1996).

Victim Participation in the Court Process

Characteristics of Victims of Violent Crime Victim RaceGenderAgeEmployment Marital Status Income Victim - Offender Relationship

How do Victim and Offender characteristics interact with the crime of domestic violence?

Many defendants who have been arrested for violent crimes were themselves the victims of violent acts as children.

Law Relating to Victims

Discussion: What was the nature of the Supreme Court decision in Payne vs. Tennessee (1991)? How does it affect victims? Is it sound policy?

Since all major stages of the criminal justice process (except the grand jury) are mandated to be open to the public, why do we need a Victim’s Bill of Rights? Should it be a U.S. Constitutional amendment? Questions

What should be the goal of victim’s rights organizations? Who should compensate victims? and, how should we do this? What are the Victim and Witness Protection Act (1982) and the Victim of Crimes Act (1984)? Questions: