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Chapter 19

The Criminal Justice Continuum

Case Study

Abstract: Although a thorough review of history would reveal that victims have long played a major role in the administration of justice, recent history and practice have served to systematically exclude the victim from the justice process. In fact, the "criminal" justice system has only recently begun to restore and establish rights for and enhanced treatment of crime victims. This module will present a hypothetical crime scenario presented to a panel of criminal justice representatives and serve as a vehicle to walk through the "victim" justice system. This examination will demonstrate the existing rights of victims, and those circumstances under which additional rights can and should be implemented.

Learning Objectives: Upon completion of this chapter, students will understand the following concepts:

1. How a case moves through the criminal justice continuum -- from arrest through incarceration.

2. The contrast between the treatment of offenders and the treatment of victims by the criminal justice system.

3. The role and responsibilities of key players in the criminal justice process -- law enforcement, prosecution, judiciary, probation, corrections, parole and victim services.

4. The critical differences between the adult and juvenile justice systems at each stage of the criminal justice continuum.

The American system of justice provides many safeguards established to protect the rights of the accused and to insure the humane treatment of those convicted of crimes. In its institutionalized zeal to protect the rights of alleged and convicted perpetrators, this "criminal" justice system has evolved in a manner that typically does not extend equal rights or protections to the victims of crime. In fact, many victims describe their exposure to the criminal justice system as a "secondary victimization" inflicted upon them by the agents and practices of that system.

In order to gain a better understanding of the contrast between the treatment of victims and offenders in the justice system, it is important to review the provisions of that system and the treatment offered to both parties. The following is an analysis and comparison of the criminal justice system's response in relation to offenders and victims.

In contrast to the victim, the offender makes a cognizant choice to commit a crime or criminal act against an individual. Most offenders are not arrested, and those who are apprehended are afforded constitutionally protected rights immediately upon their arrest. Offenders must be informed of their rights immediately. If injured, medical attention must be given to them at the earliest opportunity. Offenders are arraigned within specific time periods, and their cases are reviewed for legal findings to ensure that their arrest was legal and that their pre-trial incarceration is warranted. Many offenders are released on their own recognizance or released on bail. In addition:

• Food, adequate housing, television, and medical services are provided to incarcerated offenders.
• Indigent offenders are given the services of court appointed attorneys.
• Legal provisions provide opportunities for charge reductions or plea bargaining without the input of the injured party: the victim.
• Offenders can waive time for court proceedings or request that the court consider moving the case to a new jurisdiction.
• Various legal provisions and court rulings provide the defendant with myriad protections and opportunities for motions to suppress evidence or dismiss charges.
• Convicted offenders also have the right to appeal their convictions through any number of legal proceedings that can continue for years.

If convicted, defendants are afforded a variety of punishment options, with the majority of convicted offenders receiving sentences of probation. Opportunities for job training or education programs are provided to some offenders at full expense to the taxpayers. Due to prison overcrowding, most prisoners are eligible to earn "good time" credits, which serve to reduce their sentence, while others become eligible for early release. Many participate in rehabilitative programs to assist them in the restoration of their lives. Finally, upon release, offenders on parole are given assistance in obtaining jobs, places to live and additional support services.

Conversely, the victim has no choice in whether or not they become a crime victim. Victims who incur medical expenses as a result of injuries sustained due to crime are required to pay those expenses:

• For those who do have insurance, many are required to pay deductibles or uncovered expenses. Increases in premiums following claims resulting from crimes are common.
• Additionally, many are in need of psychological counseling that is frequently not covered by medical insurance.
• Similarly, those who suffer property loss must assume full responsibility for the replacement of all items lost or destroyed.
• The economic impact of crime upon victims also includes any losses suffered from brief or extended periods of time in which they are unable to work.
• Victim compensation programs are seldom able to cover all of a victim's financial losses.

Many jurisdictions do not extend rights to victims in regard to obtaining information about the progress of their case. In efforts to protect the rights of the offender, victims are excluded from obtaining select information about the investigation, arrest, prosecution, or incarceration of the offender. Should offenders be arrested in "their" cases, many victims will have to assume all expenses associated with attending a number of court proceedings. Others are inconvenienced by the frequent continuances and legal maneuvering of the court process:

• Many victims are required to give numerous statements regarding the circumstances of the offense as they venture through the criminal justice system.
• Often, they are excluded from participation or consultation regarding any plea bargain agreements.
• With the exception of one state, victims are not entitled to legal representation, and are only served by the representation of the prosecuting attorney who, in reality, acts on behalf of the state.
• The victim has no right to make motions or introduce evidence, protest the suppression of evidence, or appeal any rulings or dispositions arrived at by the court.
• Provisions that guarantee "speedy" proceedings do not apply to victims.

In some cases, victims are never notified of the disposition of the case, nor are they afforded an opportunity to provide input into the sentencing process.

• Most victims do not have any right to mandatory restitution or reimbursement for financial losses incurred as a result of the crime.
• Many victims are subjected to continued harassment and intimidation from the offender without aggressive efforts to protect them from harm.

If the offender is incarcerated, some victims have no access to information about the offender or opportunities for input into the parole process. Victims receive no "time off" for good behavior, nor does the state afford them comprehensive opportunities for rehabilitation or reconstruction from the impact of the crime upon their lives.

Perhaps most significant, many victims experience a loss of faith and belief in the efficacy and inherent justice they previously thought existed as a part of this country's well regarded justice system.

In order to further demonstrate both the changes made in support of extending rights to victims and the remaining inequities that exist within the criminal justice system, it is beneficial to review a hypothetical case as it progresses throughout that system.

Toward that end, this session has been developed to provide Academy students with an opportunity to observe a panel of criminal justice experts representing the various segments of the criminal justice system as they are presented with the facts of the hypothetical case.

The panel will include representative from the following perspectives:

• Law enforcement
• Victim/witness services
• Prosecution
• Juvenile justice
• Judiciary
• Probation
• Corrections
• Parole

During this presentation, each panelist will be provided with increasing amounts of information as the case progresses through each juncture of the criminal justice system. At each juncture, panelists will be asked to respond to questions regarding the victim's right to participate in or obtain information or services from the criminal justice system.

Throughout the panel, and upon completion of the presentation and discussion by panel members, students will be given the opportunity to ask questions and request explanations regarding the responses of panelists. This interactive process will serve to examine the full continuum of the "victim justice system."

1. Law Enforcement-suggested Questions

• What are the duties of the first officer to arrive upon the crime scene?
• Will the officer summon emergency medical personnel or transport the victim to the hospital?
• Will a crime victim's advocate be called to the crime scene?
• Will an interpreter assist in the initial investigation?
• Will information be given to the victim regarding the availability of services or the location of any victim service programs?
• If Ms. Martinez had required hospitalization and her husband had not been located, what would the police do with or about her children?
• What kind of information is available to the victim through the police department as the case progresses?
• Does Loretta have any opportunity for input if either of the defendants is being considered for potential release from custody?

Additional Questions from Academy Students:

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2. Prosecution-suggested Questions

• Will the Martinez family be able to obtain any information regarding the status of its case?
• Will any property recovered be returned to the Martinez family?
• Can Loretta obtain a copy of the police report?
• Will Loretta be asked for input prior to any charges being filed?
• Will Loretta be asked for input should a plea bargain agreement be discussed?
• How will the prosecution of the juvenile be different from that of the adult?
• Will a victim/witness advocate be assigned to the case?
• How does the subpoena or victim notification process work?

Additional Questions from Academy Students:

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3. Courts/Probation-suggested Questions

• Will Loretta be able to make an impact statement at the time of sentencing, in writing or in person?
• If the Martinez children are required to testify, how will they be treated?
• Will interpreters be available to assist the Martinez family during court proceedings?
• Does the Martinez family have the right to be present at all of the criminal justice proceedings?
• Are all victims notified of the disposition in their cases, whether the offender is an adult or juvenile?
• What are Loretta's rights to restitution (if any)?

Additional Questions from Academy Students:

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4. Corrections-suggested Questions

• What kind of information is available to Loretta regarding the incarceration of the offender (i.e., his classification, location, etc.)?
• Can Loretta expect any restitution while the offender is incarcerated?
• What happens if the offender contacts or in any way harasses Loretta or her family while incarcerated?
• Can Loretta request notification of when the offender is going to be released?
• Are notification materials available in languages other than English?

Additional Questions from Academy Students:

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5. Parole-suggested Questions

• Can Loretta request notification of the expected parole consideration date of the offender?
• Can Loretta participate in the parole hearing?
• If the parolee intimidates, harasses or threatens to harm Loretta, can she obtain assistance from the Parole Department?
• Can Loretta have any input into the parole conditions of the parolee?
• What is the likelihood of Loretta obtaining restitution as a condition of parole?

Additional Questions from Academy Students:

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Academy students will participate in a discussion regarding their findings about the overall operation of the "victim justice system." Students will be asked to identify areas that need improvement. Each student will be asked to critique the panel discussion, and to identify where legislative or policy action can be taken to establish or enhance the rights or treatment of crime victims.

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