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Defendants and Victims

Explore the characteristics of defendants and victims, the issues they face, and the programs designed to assist and support them. Learn about victim compensation programs, victim's rights movement, and the impact of victim statements in capital cases.

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Defendants and Victims

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  1. Defendantsand Victims Chapter Nine

  2. Characteristics of Defendants • Male • Fewer than 7% of prisoners are female. • Mostly Underclass • Racial Minorities • One in three young black males is in trouble with the law.

  3. Characteristics of Suspects • Male • Young • Poor • Illiterate • Minority • Come from broken homes • Unemployed • Single

  4. Victims • Courts largely have ignored the interests of victims (and witnesses). • Victims suffer hardships: • Trial delays • Long waits in uncomfortable surroundings • Lost wages for time spent going to court • Fear of retaliation from the defendant or his associates. • Sense that criminal justice personnel are indifferent to their plight.

  5. Issue of Prior Relationships • Relationship between victim and offender can affect direction of the process. • About ½ of violent crimes are committed by someone who is a relative, friend or acquaintance. • Men are more likely than women to experience violent victimization. • However, women are about six times more likely to experience violence committed by an intimate.

  6. Victim Witness Assistance Programs • Encourage cooperation in the conviction of criminals by reducing the inconvenience citizens face when appearing in court. • Aid in clarifying court process • Deter intimidation by defendant • Give Victim or Witness an advocate • Administer victim indemnification process (to help recoup losses, or medical, psychological counseling, etc.) • Manage Restitution orders

  7. Victim Compensation Programs • 1984 Victims of Crime Act. • Established a Crime Victims fund administered by the Office for Victims of Crimes. • Financed primarily from fines paid by defendants in federal court. • Many states have followed suit.

  8. Victim’s Bill of Rights • 1982 President’s Task Force on Victims of Crime. • Submitted 68 separate recommendations aimed at achieving a balance between the needs and rights of the victim and those of the defendant. • 1982 California voters approved Proposition 8 which is known as the Victim’s Bill of Rights. • Added 12 provisions to the state constitution and the criminal code. • National Conference of the Judiciary on the Rights of Victims of Crime, adopted a Statement of Recommended Judicial Practices.

  9. The Victim’s Rights Movement • Involves people striking back to turn tragedy into action and rage into reform. • Mothers Against Drunk Driving (MADD). • Loose coalition of local, state, and national organizations with wide-ranging interests.

  10. Payne v. Tennessee • The Eighth Amendment does not prohibit the sentencing jury in a capital case from considering the victim impact statements relating to the victim’s personal characteristics and the emotional impact of the murder on the victim’s family.

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