Steven Briggs - Criminology For Dummies

For example, when the robber who shoots the convenience store clerk is found guilty, the judge can order him to repay the compensation program for any money forwarded to the clerk for his medical costs. In addition, the clerk has the legal right to file a civil lawsuit against the robber for the full amount of his medical costs and for all his pain and suffering. As a practical matter, however, most robbers don’t have any money to pay large judgments; plus, they usually end up in prison for awhile, where they don’t earn enough to repay the costs. Nonetheless, some states employ collection officers to go after criminals and collect these funds if they’re available. I have seen an inmate in prison inherit a large sum of money that was used to reimburse his victim.

In the immediate aftermath of a violent crime, a victim may be traumatized and unable to make even the most basic decisions. To provide help to victims of violence, many police departments employ victim advocates, who offer the victims the support and resources they need to take the first steps of their recoveries.

Imagine a woman who was beaten up by her boyfriend. After the police haul him away, what will she do about her injury? Who will take care of her kids while she’s in the hospital? What if her boyfriend gets out of jail and comes back? An advocate can help the abused woman answer these tough questions. For example, the advocate may help her think of family members who can take care of her children. Or the advocate may recommend a domestic violence shelter where she and her children can live temporarily to protect themselves against the abuser in case he comes back home.

If a police department doesn’t employ advocates, often police officers are in the position of trying to help victims cope with these challenges. The department may also call on trained volunteers.

Prosecutor offices usually employ victim advocates, as well. Like advocates in police departments, these advocates may help victims get emergency services. In addition, they help explain the court process to victims, often sitting with them through hearings. After all, sitting in a courtroom with the man who raped you can be very intimidating. Having an advocate hold your hand can make a big difference. Another important service an advocate in the prosecutor’s office provides is explaining to the victim what rights she has. (I discuss these rights in the “ Observing the Laws That Protect Victims’ Rights” section.)

Another type of victim advocate helps victims after the court case is done. For instance, this person may notify the victim when the criminal is set to be released from jail or prison. Some states have a statewide automated victim notification system that allows a victim to call a phone number and find out if and when a criminal is scheduled to be released. Victims, however, often don’t know about this system or don’t know how to use it, so advocates help them. Advocates also may help victims deal with unwanted contact from criminals while they’re on probation or parole.

Because each state is different, all these services may be performed by a variety of people in different agencies, or perhaps by just one overworked person in a small police department. These government advocate positions often rely heavily on private organizations and volunteers for the bulk of services.

Although government-run victim programs are the conduit for providing services to victims, nonprofit organizations provide the day-in and day-out crucial help that victims need.

For instance, private organizations almost always run the domestic violence shelters to which government-employed victim advocates send abused women. These private, nonprofit organizations are made up of citizens who care passionately about victims of crime. They fund their efforts with private donations, public and private grants, and contracts with the government.

Without these private services, a victim advocate often would have nowhere to refer a victim. Note, however, that nonprofit care providers (and government-run victim assistance offices) have little money and rely heavily on volunteers to provide services such as the following:

Answering phone hotlines (such as rape, domestic violence, or suicide lines)

Providing crisis response — immediate, in-the-field care to victims

Helping with victim compensation

Accompanying a victim to court

Accompanying police or other officials when notifying a family member of a death

Helping to run the service provider’s office

Securing address confidentiality for the victim to make sure a criminal doesn’t learn the victim’s new address

Preparing meals for shelter residents

All the victim services I discuss in the previous section are offered, for the most part, outside of the court system. However, victim’s interests are considered inside the courtroom, too. Every state has passed laws that create victims’ rights, and a majority of states have even made such laws part of their state constitutions.

The victims’ rights movement that swept across the United States seeks to give the victim a voice in the criminal justice process. For instance, most states have enacted laws that require the court system or the prosecutor to notify victims of all release hearings related to their attackers and to give the victims the right to be heard at those hearings.

Imagine that your ex-boyfriend (or ex-girlfriend) has been stalking you and recently set your car on fire. He was arrested, but what happens next? Will he get out? Will he come back to hurt you? Thanks to the victims’ rights movement, if your ex-boyfriend requests a release hearing, you have the right not only to be present but also to tell the judge why your ex shouldn’t be released.

Here are some of the victims’ rights that most states have enacted:

Notification of all hearings: A victim has the right to know what’s going on at every step of a case she’s involved in. This notification applies to appeal hearings, too.

Opportunity to speak at a release hearing: If the victim wants to comment, the judge must listen to the victim’s concerns before deciding whether to release a defendant pretrial. Victims can speak in person or just write out a statement and give it to the prosecutor to read to the court.

Option to obtain a “no contact” order: If the victim wants the defendant to stay away from her, the judge has the power to issue a “no contact” order, which prohibits the defendant from contacting the victim. Violation of the order can mean the defendant is arrested and placed back in jail.

Address confidentiality: A defendant has the right to all police reports involving his case. However, the prosecutor must black out all references to where the victim is living if the victim requests such an action.

HIV and disease testing: If the crime involved the exchange of bodily fluids, the victim can have the defendant tested to see whether he has a disease.

Consultation about plea offers: The victim can request that the prosecutor confer with her about any deals the state plans to offer the defendant. This right doesn’t mean the prosecutor has to do what the victim wants, however.It’s important to note that prosecutors are not the victims’ lawyers; they represent the state. Sometimes victims don’t want the defendant to be prosecuted (a situation that frequently occurs in domestic violence cases). But the prosecutor can go ahead with the case anyway.