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.



Introduction

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.

Treatment of Offenders

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:

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.

Treatment of Victims

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:

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:

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.

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.

Panel Discussion

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:

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."

Hypothetical Case
Loretta Martinez had just returned home after a long day which included work, picking up her children (ages eight and ten) at the baby sitter's house, and shopping for groceries. It was just past sunset and it had just turned dark. Loretta pulled into the garage and opened up the entry door from the garage into the house. Immediately upon entering the house, Loretta was surprised by an abrupt and painful blow to her head. She immediately fell to the ground and saw a large man with a scar across his face and a skull and cross bones tattoo on his forearm standing above her. Her assailant then ran toward the back of the house; she lay there thinking about the safety of her children who had witnessed the event while still inside the car. Not knowing for sure whether or not it was safe to go further into the house, Loretta pulled herself up and staggered from the house toward her neighbor's home, summoning her children to follow quickly.

With the assistance of neighbors, the police were called and arrived on the scene within a short time. Police told Loretta that she had likely surprised a burglar who assaulted her and then fled her home through a back window. Neighbors later told police that they had seen a man similar to the one described by Loretta jump into a car driven by a young woman. Police told Loretta that it appeared several electronic and household items had been taken, and that her house had been ransacked. Frank Martinez, her husband, worked the night shift and usually did not arrive home until midnight. Police located him at work and, upon being contacted, he returned home immediately.

Mr. and Mrs. Martinez speak Spanish as their primary language, and have limited knowledge of the English language.


1. Law Enforcement-suggested Questions


Additional Questions from Academy Students:

1)

2)

3)

Two days later, a detective contacts Loretta and notifies her that two suspects have been arrested -- an adult male and a juvenile female -- after a neighbor provided police with a car license number and description of the car. The man in custody fits the description given by Loretta, having both a scar and a tattoo exactly as she described. The police have recovered some of the items taken from the Martinez home. She is told that the prosecutor is presently reviewing the facts of the case. Loretta and her children are beginning to experience nightmares and psychological difficulties. Her husband has been unable to sleep since the incident occurred. Loretta is still undergoing medical treatment.

2. Prosecution-suggested Questions


Additional Questions from Academy Students:

1)

2)

3)


The prosecutor decides to charge the adult male with assault and burglary. The juvenile accomplice agrees to a sentence that includes probation, restitution and community service.

3. Courts/Probation-suggested Questions


Additional Questions from Academy Students:

1)

2)

3)

After the court proceedings have concluded, the Martinez family is notified that the adult offender has been convicted of a variety of crimes, including burglary and assault. The judge sentences the man to state prison; the juvenile is placed on probation.

4. Corrections-suggested Questions


Additional Questions from Academy Students:

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2)

3)

Loretta realizes that eventually the adult offender will be released on parole. She and her husband have some concerns regarding the release of the offender.

5. Parole-suggested Questions


Additional Questions from Academy Students:

1)

2)

3)

Final Discussion

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.

List of Issues and Concerns of Academy Students

(if applicable):

1)

2)

3)

4)

5)

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