Meeting Victims' Needs: Role of
the Juvenile Court and Justice System
Victims' Views
Regardless of whether victim participants
had experienced violent or property crimes, they agreed
on what victims need from the juvenile court and justice system. Participants
were asked to describe the ideal continuum of victim services throughout
the juvenile justice process. Their responses, provided below, identified
victims' needs as well as what can and should be done to meet such
needs.
Victims want law enforcement to
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Treat victims with respect.
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Provide support and assistance.
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Provide some form of victim services.
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Not blame the victim for the crime.
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Provide information to victims.
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Provide information that victims'
insurance companies need for reimbursement of losses.
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Promptly return property.
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Offer consistency in victim services.
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Receive death notification training
to increase sensitivity.
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Notify victims about options of community-based
diversion.
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Seek training from victims who want
to help improve the system.
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Participate in cross-training with
other professionals in the juvenile justice system. |
Victims want the prosecution to
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Go beyond "code." Understand
the human element of the case.
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Reduce charges against the offender
only with proper notification of, explanation to, and input from
victims.
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Provide information to the victims.
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Monitor and support enforcement of
sanctions and conditions of the sanctions.
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Pay more attention to the juvenile
offender's prior record.
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In serious cases, talk to the victim
before the hearing.
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Talk to the victim before a plea agreement.
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After adjudication, talk to the victim.
Explain reasons for actions. Listen to the victims' concerns.
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Provide a brochure that explains juvenile
justice system terminology.
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Provide referrals for victim assistance.
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Provide victim services such as counseling,
separate waiting areas, babysitting for witnesses.
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Always ask the prosecutor to ask the
court for restitution.
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Attend sensitivity training. |
Victims want judges to
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Acknowledge victims.
Saying "I'm sorry" is okay.
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Have full knowledge of the caseboth
victim and offender perspectives.
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Seek cross-agency collaboration.
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Ask whether the victim is present
before the hearing starts.
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Make quicker dispositions.
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Monitor and enforce dispositions.
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Ensure that the reoffender is seen
by the same judge on each court appearance by using an alphabetized
case management system or some other method.
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Promote more parental accountability
and involvement.
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Require the probation office to promptly
inform the court of violations of court orders.
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Issue clear restitution orders with
precise dollar amounts and payment schedules.
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Order restitution if the victim wants
it, and make it payable to whom the victim chooseseither to
the victim or to a worthy group identified by the victim.
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Be leaders in applying balanced and
restorative justice principles.
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Pay attention to each case. Don't
play cards in court.
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Explain various aspects of the court
process.
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Meet victims' needs; treat them with
sensitivity and respect.
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Understand that the primary source
of juvenile court problems is how victims are treated by court personnel
and processes rather than what judges perceive to be the victims'
lack of education. |
Victims want probation to
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Work hand in hand with
victims.
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Provide all information necessary
to the judge to make informed decisions.
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Let victims know about compliance
and violations.
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Collect and disburse restitution.
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Provide offenders with youth training,
rehabilitation, counseling, and treatment.
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Hold offenders accountable for their
actions by enforcing court orders.
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Collect information from victims about
the impact of the crime.
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Provide protection for the community
and the victims by keeping dangerous juveniles off the streets. |
Victims want juvenile corrections to
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Provide status or progress
reports.
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Notify the victim about the offender's
release.
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Provide victim awareness programming
for offenders.
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Provide opportunities for victim restitution
(including restitution from inmate trust accounts).
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Continue to pursue collection of restitution
for victims. |
Victims want juvenile parole/aftercare
to
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Notify victims of relevant
hearings.
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Accept victim impact statements.
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Provide victims with emergency transportation
to hearings.
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Provide victims with supportive accompaniment
at hearings.
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Provide protective measures to victims
as special conditions of parole/aftercare.
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Share information about victims and
offenders with juvenile justice agencies. |
Victims want the overall system to
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Validate victims' personal
experiences.
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Share case information.
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Provide victim advocates or "victim
liaisons" at every point in the system.
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Offer a centralized system for monitoring,
collecting, and disbursing restitution.
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Encourage more dialogue between the
system and victims; incorporate victim participation in the system. |
Judges' Views
Judges in each focus group were asked
to consider what they viewed as the most important needs of crime
victims. As leaders in the juvenile court, judges have the power to
prioritize services and modify processes to impact victim satisfaction.
Judges' beliefs about what victims want and need, and the role and
responsibility of the court in meeting these needs, are of great importance.
In general, judges in all focus groups
ranked several key victims' needs as high. The need for information
was rankedhigh by each group, including notification about hearings
and court processes, restitution, and safety issues. Other victims'
needs were less consistently mentioned by judges, such as being treated
with dignity and respect and being allowed maximum input into court
proceedings. In contrast, these latter needs had been a primary focus
of discussion in victims' groups.
Finally, some judges expressed the belief
that victims have motivations in addition to those listed by participating
crime victims, such as a need for vengeance, a need to use the court
process for "therapy or catharsis," a need for reconciliation, and
a need to control, rather than simply to have input into, the court's
dispositional process. At times, the judges' perception of victims'
needs suggested a paternalistic, if not pejorative, view of juvenile
crime victims (Viano, E., 1996).
A theme addressed extensively in two
judges' groups was the lack of education given to victims about the
court process. This problem, which was said to lead victims to unrealistic
expectations about the court process, appeared to be viewed as the
dominant problem in some groups. Participating victims agreed that
much about the court process was a mystery to them. In fact, in two
groups, victims expressed appreciation to participating judges for
explaining various aspects of the court process. However, victims
were more likely to conclude that the failure of the court to meet
their needs and treat victims with sensitivity and respect, rather
than victims' perceived lack of education, were the primary sources
of juvenile court problems.
Perhaps because it has been a visible
component of juvenile court dispositions for almost 20 years and is
the most tangible response to crime victims, the need for restitution
was discussed most often in the judges' groups. Generally, judges
acknowledged court responsibility for ensuring restitution to victims,
although they often faulted probation or other court staff for failing
to ensure restitution collection.
Judges offered the following solutions
on how juvenile courts could best meet victims' needs:
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Continue dialogue with
victims and their advocates in forums similar to the focus groups
in this project.
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Conduct a complete court and system
audit of victim notification processes to determine where breakdowns
occur and where opportunities for victim verbal and written input
exist.
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Institute ongoing meetings among restorative
justice practitioners, judges, and court administration personnel
to further understand and strengthen working relationships.
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Train judges to ensure active monitoring
of juvenile courts and the juvenile justice system, focusing on
victims' interests and needs, use of victim impact statements, improving
the approach to restitution, and case flow management.
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Hold presentations about restorative
justice at judicial conferences.
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Demonstrate judicial leadership in
engaging the community as an active partner in affecting juvenile
court purposes, juvenile justice system achievements, and restorative
justice practices.
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Provide judicial support and advocacy
for expanding public and private funding of practices that assist
victims and help meet victims' needs.
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Provide judicial leadership to enable
funding of paid public service work programs for juveniles who owe
restitution.
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Provide judicial leadership to encourage
use of mediation and additional alternative dispute resolution approaches
to contest case hearings.
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Expand court management practices
that reduce victims' time in court waiting rooms, promote case disposition
promptness, and provide management information system data that
judges and court managers can use to discern causes for delays in
court processing. |
A final overarching recommendation was
for judges to exercise leadership with policymakers and the local
community on behalf of crime victims. Specifically, judges should
work to ensure that restorative justice objectives are added to purpose
clauses of juvenile court codes. At a more concrete level, judges
can promote restorative justice principles by using their ability
to directly change court administrative standards (Edwards, L., 1993;
Rubin, T., 1988, 1997).
Victims, Judges,
and Juvenile Court Reform
Through Restorative Justice |
October 2000
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