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1. Many discussions of crime suggest that smart defendants are able to beat the rap by pleading insanity (see Ch. 14), slanting their testimony at the urging of the defense counsel (see Ch. 7), and exploiting legal loopholes such as the exclusionary rule (see Ch. 12). Given the profile of the typical criminal defendant, how realistic are these assumptions of a smart crook? Also consider the not-so-typical defendant, such as NY businessman Robert Durst. Would a highly publicized case such as that one change the way that the public views the typical defendant? Research and analyze the facts in that case and compare it to what the typical defendant might experience in the judicial system. A minimum of 250 words and two scholarly sources.You can use our textbook for one of the two sources. No matter how many times you cite a specific source, it only counts as one reference. must be cited in APA format and referenced in APA format.2. In 500 words or more explain the practical hardships that victims and witnesses face when participating in the criminal justice process? Describe three types of programs/initiatives designed to aid victims in coping with the criminal justice process.3. Discuss the characteristics of the typical felony defendant. How do these characteristics differ from those of the typical courtroom work group member? What might be the consequences of these different characteristics between the defendant and work group members?4. In what ways is the prior relationship a victim has with his/her offender important to the court process? Further, in Payne v. Tennessee (1991), the United States Supreme Court overruled stare decisis and allowed certain evidence to come in at the sentencing stage. Explain why the Court overruled precedent and the type of evidence now allowed at the sentencing state. Do researchers generally find that this type of evidence makes a difference?a minimum of 1,200 words (total assignment) and three scholarly sources. All answers must be cited in APA format and referenced in APA format7 days ago
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ELEVENTH EDITION
AMERICA’S
COURTS
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,
JUSTICE SYSTEM
AND THE CRIMINAL
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David W. Neubauer,
Ph.D.
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UNIVERSITY OF NEW ORLEANS
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Henry F. Fradella,
J.D., Ph.D.
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CALIFORNIA STATE UNIVERSITY, LONG BEACH
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9781285820170, America’s Courts: And the Criminal Justice System, Eleventh Edition, Neubauer/Fradella – © Cengage Learning. All rights reserved. No distribution allowed without express authorization.
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This is an electronic version of the print textbook. Due to electronic rights restrictions,
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content does not materially affect the overall learning experience. The publisher reserves the right
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9781285820170, America’s Courts: And the Criminal Justice System, Eleventh Edition, Neubauer/Fradella – © Cengage Learning. All rights reserved. No distribution allowed without express authorization.
America’s Courts: And the Criminal Justice
System, Eleventh Edition
David W. Neubauer and Henry F. Fradella
Editor in Chief: Linda Ganster
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Library of Congress Control Number: 2012937192
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Student Edition:
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ISBN-13: 978-1-285-06194-8
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submit all requests online at www.cengage.com/permissions
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ISBN-10: 1-285-06194-2
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9781285820170, America’s Courts: And the Criminal Justice System, Eleventh Edition, Neubauer/Fradella – © Cengage Learning. All rights reserved. No distribution allowed without express authorization.
9
Defendants and Victims
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AP Photo/Bob Breidenbach, Pool
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Sarah Ballard tries to control
her emotions as she deliv9
ers a victim impact statement in which she described how her life
0
was changed by her mother’s death in a nightclub fire in Rhode
B
Island that was caused when indoor fireworks ignited soundproofing
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foam that had been installed in the club. The owners of the club pled
“no contest” to 100 counts of involuntary manslaughter. One was
sentenced to 4 years in prison and the other was spared any period
of incarceration when he received a suspended sentence and 500
hours of community service. Families of those who died in the fire
expressed outrage at the plea-bargained sentence. Stories like this
call into question how the criminal justice system treats victims.
220
9781285820170, America’s Courts: And the Criminal Justice System, Eleventh Edition, Neubauer/Fradella – © Cengage Learning. All rights reserved. No distribution allowed without express authorization.
Chapter Outline
Chapter
Outline
CHARACTERISTICS
OF DEFENDANTS
CHARACTERISTICS OF VICTIMS
Prior Relationships between Defendants
and Victims
Domestic Violence
Overwhelmingly Male
Courts, Controversy, & Racial
Discrimination
Can Latinos Get Equal Justice under the Law?
CASE CLOSE-UP: Thurman v.Torrington and
Domestic Violence Arrests
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M
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DEFENDANTS IN COURT
T
Pro Se Defendants
Social Media Trap
H
,
COURTS THROUGH THE EYES OF
Mostly Underclass
Racial Minorities Overrepresented
VICTIMS AND WITNESSES
Frustrations in Coping with the Process
Travails of Testifying
Surprising Support for the System
VICTIMS AND WITNESSES
THROUGH THE EYES OF THE
COURT
Lack of Cooperation
Witness Intimidation
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AIDING VICTIMS AND WITNESSES
Victim/Witness Assistance Programs
Victim Compensation Programs
Victims’ Bill of Rights
Victim Impact Statements
Courts, Law, & Media
Law and Order: Special Victims Unit
(NBC, 1999–present)
AIDING OR MANIPULATING
VICTIMS?
The Victims’ Rights Movement
Differing Goals
Do Victims Benefit?
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9781285820170, America’s Courts: And the Criminal Justice System, Eleventh Edition, Neubauer/Fradella – © Cengage Learning. All rights reserved. No distribution allowed without express authorization.
222
Learning Objectives
After reading this chapter, you should be able to:
LO1
LO1
1 List the three characteristics of defendants.
LO2
LO3
LO4
LO5
LO6
Describe how victims and witnesses view the court process.
Describe how court actors view victims and witnesses.
Discuss the prior relationships between defendants and victims and why this is important
in domestic violence cases.
S
Identify three types of programs that are designed
to aid victims and witnesses in coping
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with the criminal justice process.
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Explain why some view victim programs as aiding victims whereas others view these
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programs as manipulating victims.
The first
H
,
o
officer
on the scene described Pervis Tyrone Payne as looking like “he was
J followed the trail of blood into the
sweating blood.” The officer’s partner
sw
O her two-year-old daughter Lacie butchkitchen, where he found Charissee Christopher and
ered to death. After returning a verdict of guilty on
S two counts of first-degree murder, the
trial proceeded to the penalty phase of a capital H
murder prosecution. The defense called four
witnesses, who testified that Payne was a very caring person but had such a low score on an
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IQ test that he was mentally handicapped. The prosecutor
countered by calling the victim’s
A
grandmother to the stand, who testified that three-year-old
Nicholas (the lone survivor) kept
asking why his mother didn’t come home, and he cried for his sister. During closing arguments,
the prosecutor made maximum use of this emotional
6 testimony, imploring the jury to make
sure that Nicholas would know later in life that justice had been done in his mother’s brutal
8 death penalty.
slaying. The Memphis, Tennessee, jury imposed the
9
The difficulty with the grandmother’s testimony in this case is that, just a couple of years be0
fore, the Supreme Court had ruled that such emotional
statements are inadmissible because
B membership of the Court had changed
they tend to mislead jurors. But in the interim, the
with the addition of two conservatives appointedUby Republican presidents. By agreeing to
hear the case, the Court was signaling that it might be willing to reverse itself and allow victim
impact statements during sentencing.
9781285820170, America’s Courts: And the Criminal Justice System, Eleventh Edition, Neubauer/Fradella – © Cengage Learning. All rights reserved. No distribution allowed without express authorization.
223
Chapter 9 Defendants and Victims
Payne v. Tennessee directs our attention to both
defendants and their victims. All too often, when we
think about the criminal courts, our minds immediately focus on the members of the courtroom work
group: prosecutors, defense attorneys, and judges.
We are less likely to think about the other participants: victims, witnesses, or even defendants. Yet
these other actors are also important.
Victims greatly influence workload. Courts are
passive institutions. They do not seek out cases
to decide; rather, they depend on others to bring
matters to their attention. How many cases are
filed, as well as what kinds of cases are brought S
to
court, is determined by the decisions of others—
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police, victims, and those who violate the law in
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the first place. Thus, the courtroom work group
has very little control over its workload. Second,
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victims, witnesses, and defendants are the consumH
ers of the court process. Democratic governments
are expected to be responsive to the wishes and
,
demands of their citizens; victims and witnesses
often complain about how the courts handle their
J
cases. Victims and defendants are both subjects and
objects of the criminal justice process. Their imporO
tance for how the courtroom work group administers justice on a day-to-day basis is the subject S
of
this chapter.
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CHARACTERISTICS OF
DEFENDANTS
U
A
In some ways, those accused of violating the
6
criminal law are a diverse lot. Although many
8
defendants are economically impoverished, their
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numbers also include high-ranking government
officials, businesspeople, and prominent local citi0
zens. An indicator of the diversity of defendants
B
centers on how often they are involved with the
criminal justice system. At one end of the specU
trum are those who are arrested once and are
never involved again. At the other end are a small
group of career offenders who are responsible
for a disproportionate share of offenses (Tracy,
Wolfgang, & Figlio, 1990; Wolfgang, Figlio, &
Sellin 1972). In fact, it is estimated that over
70 percent of all serious criminal offenses are committed by roughly 7 percent of offenders, a group
commonly referred to as career criminals, (DeLisi
2005; Vaughn & DeLisi, 2008). To complicate
TABLE 9.1 ■ PROFILE OF
FELONY DEFENDANTS
Male
82%
Racial or ethnic minorities
71%
At least one prior conviction
61%
Younger than age 35
53%
Under criminal justice supervision at
the time of arrest (probation, parole,
pretrial release, or in custody)
31%
SOURCE: Thomas H. Cohen and Tracey Kyckelhahn. Felony Defendants
in Large Urban Counties, 2006. Washington, DC: Bureau of Justice
Statistics, 2010. Available online at http://bjs.ojp.usdoj.gov/content/
pub/pdf/fdluc06.pdf.
matters further, a generational effect seems to be
indicated. Violent offenders are much more likely
to have experienced neglect, abuse, or violence
in their families (Farrington, 2006; Harlow, 1999).
Moreover, conviction of a parent is correlated with
the likelihood of a child offending and being convicted (Farrington, 2006; Roettger & Swisher, 2011;
Rowe & Farrington 1997). Whether it is possible to
predict who will become a career criminal, however, is subject to extensive debate.
Aside from certain aspects of diversity, the
majority of violators conform to a definite profile.
Compared to the average citizen, felony defendants are significantly younger, overwhelmingly
male, disproportionately members of racial minorities, more likely to come from broken homes, less
educated, more likely to be unemployed, and
less likely to be married (see Table 9.1). Three
characteristics of defendants—sex, poverty, and
race—figure prominently in discussions of crime
and crime policy and therefore deserve expanded
treatment.
Overwhelmingly Male
Defendants are overwhelmingly male. In fact,
women account for only 25.5 percent of all arrests
for all crimes (Federal Bureau of Investigation,
2011). Although these percentages represent a significant increase over the past few decades, it is
unclear whether women are actually committing
9781285820170, America’s Courts: And the Criminal Justice System, Eleventh Edition, Neubauer/Fradella – © Cengage Learning. All rights reserved. No distribution allowed without express authorization.
224
Part II / Legal Actors
CAN LATINOS GET EQUAL JUSTICE UNDER THE LAW?
The nomination of Sonia
Sotomayor and a recent
report of the U.S. Census
C O N T R OV E R S Y,
Bureau (2011) have focused
attention on race, ethnicity,
and the justice system. More
than one-third of our nation’s
DISCRIMINATION
population belongs to a
minority group. Sotomayor
is the first Hispanic, an ethnic group that constitutes the
fastest-growing segment of the U.S. population, to serve on
the U.S. Supreme Court. The U.S. Census Bureau reports that
Hispanics now constitute nearly one in six residents, or 50.5
million people. Even more telling for the future: 44 percent
of children younger than 18 years and 47 percent of children
younger than 5 are now from minority families.
Hispanics (the identification adopted by the government)
or Latinos (a term some in this group prefer) are diverse in
terms of country of origin. Some, like Sonia Sotomayor, are
from Puerto Rico, a U.S. territory. Others are Cuban, many of
whose parents fled the dictatorship of Fidel Castro. Others
are from Mexico, the world’s 12th most populous country,
with over 114 million people. Others are from other central
and South American countries. Although united by the Spanish
language, the Latino population is heterogeneous in many ways.
Most importantly for American politics, Hispanics are
also diverse in terms of their immigration status. No accurate
counts of how many illegal immigrants are in the country
COURTS,
& RACIAL
more crimes or whether changes in the criminal
justice system itself have occurred. For example,
decreases in sexist and paternalistic thought processes might now lead police to arrest and prosecutors to charge female offenders at higher rates
than in the past (Pollock & Davis, 2005). According to this view, there has been no major shift in
girls’ or women’s relative violence (Schwartz,
Steffensmeier, Zhong, & Ackerman, 2009). On the
other hand, there is empirical evidence that the
gap between male and female offenders in violent crimes is decreasing (Lauritsen, Heimer, &
Lynch, 2009). Whatever the causes, it is clear that
exist, but many estimate about 11 million. (Some advocacy
groups place the number higher.) The majority of detained
immigrants do not have an attorney during their deportation
hearings (Hamblett, 2012). Immigration has become a major
political issue in the United States, dividing both the American population and the nation’s two major political parties.
Part of this debate focuses on the role of the criminal justice
system.
SHispanics share many of the same social disadvantages
as M
Blacks (Demuth, 2003), including poverty, unemployment,
living
I in neighborhoods with high crime rates and a history of
discrimination. But in addition, they face some unique probT
lems surrounding language and cultural heritage. Some Latino
H
victims/defendants
speak little if any English, which makes it
hard
for
them
to
understand
what is happening during investi,
gations, arrests, court appearances, and the like. Besides lacking
language skills, Latino victims/defendants also often lack a basic
J
understanding
of the American justice system. Their heritage is
European
law,
which
places less emphasis on the rights of crimO
inal defendants. Moreover, in some of their native countries, the
S system has a history of suppression, which makes them
justice
particularly
fearful of governmental officials.
H
The social disadvantages faced by Latinos have several
U
important consequences for the criminal justice system. For
ALatinos express the same levels of lack of confidence
one,
in the U.S. criminal justice system as Blacks (Pew Hispanic
Center, 2009). Perhaps for this reason, they are less likely to
6
report crimes to the police. In crimes of violence such as
8
9
0
rates of female involvement in the justice system
B been increasing in recent years, but their
have
absolute
numbers still fall well below those of
U
males.
Mostly Underclass
Typical felony defendants possess few of the skills
needed to compete successfully in an increasingly
technological society. They are drawn from what
sociologists call the urban underclass (Jencks &
Peterson, 1991). In turn, the more poverty in a community, the higher the amount of crime (Hipp &
9781285820170, America’s Courts: And the Criminal Justice System, Eleventh Edition, Neubauer/Fradella – © Cengage Learning. All rights reserved. No distribution allowed without express authorization.
Chapter 9 Defendants and Victims
225
assaults, robberies, and rapes, for example, Hispanic women
report the crime to authorities just 35 percent of the time, as
compared with 51 percent for White women, and 63 percent
for Black women (Karmen, 2012). The lack of trust in governmental authorities coupled with a fear of being deported
is a major reason Latinos often do not report crimes to the
police. In turn, Latinos may be targeted because they are less
likely to report the crime.
It is also harder for police and prosecutors to deal with
crimes in which Latinos are victims or defendants.Traditionally,S
the Hispanic population was concentrated in states sharing a
M
border with Mexico and a few big cities.Today, the population
has spread across the nation, meaning that many police depart-I
ments have few if any officers who can take an accurate police T
report from a Spanish speaker.The same barriers face prosecuH
tors, public defenders, and judges, with justice sometimes lost in
the translation. For example, following the slaying of a Hispanic,
migrant worker, six Spanish-speaking witnesses were held for
months in jail as material witnesses, but they had no courtJ
appointed lawyer because no one in the public defender’s office
could read the letters they wrote (Alexander-Bloch, 2007). O
How well or how poorly Latinos fare in the criminal
S
justice system is hard to tell. An extensive body of research has
H
compared White defendants with Black defendants, but relaU
tively little is known about Latino defendants (Martinez, 2007).
But we do know that after arrest, Hispanics are more likely toA
be detained in jail than Blacks or Whites (Demuth, 2003).
The growing Hispanic population and the issues surrounding immigration have strained the U.S. justice system 6
in several important ways (Hsu, 2009). When an immigrant,
whether in this country legally or illegally, is arrested, he or
she is more likely to be detained in jail because Immigration
and Customs Enforcement (ICE) puts a hold on that person
for possible deportation. As a result, jail populations increase
and local officials demand that the U.S. government pay for
the additional costs (Bowes, 2009). Yet ironically, many undocumented immigrants convicted of a minor crime are not deported because the U.S. immigration system is overwhelmed
and therefore chooses to deport onl …
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