NCJ Number
34071
Journal
Vanderbilt Law Review Volume: 28 Issue: 5 Dated: (OCTOBER 1975) Pages: 931-985
Date Published
1975
Length
55 pages
Annotation
THIS ARTICLE DESCRIBES AND EVALUATES THE WAYS IN WHICH A VICTIM CAN INFLUENCE THE COURSE OF A CRIMINAL CASE, FROM INVESTIGATION AND ARREST TO PAROLE RELEASE AND CLEMENCY.
Abstract
THIS STUDY FOCUSES ON A FREQUENTLY OBSERVED SITUATION: THE POLICE OFFICER OR THE PROSECUTOR, EACH OF WHOM IS GIVEN BROAD DISCRETION IN THE EXERCISE OF HIS RESPONSIBILITIES, HAS SOME EVIDENCES OF POSSIBLE CRIMINAL INVOLVEMENT BUT IS UNSURE OF HOW TO PROCEED WITH THE CASE, IF AT ALL. GIVEN THIS SITUATION, CAN THE ADAMANT VICTIM OF THE CRIME PERSUADE THE POLICEMAN OR PROSECUTOR TO PURSUE THE ARREST OR PROSECUTION? IF THE VICTIM'S WISHES ARE TAKEN INTO ACCOUNT, DO ANY PATTERNS OF DECISION-MAKING SURFACE ACCORDING TO THE CRIME INVOLVED OR THE STAGE AT WHICH THE INFLUENCE IS EXERTED, OR RELATED TO THE VICTIM'S STATUS, RELATIONSHIP TO THE ACCUSED, OR THE VICTIM'S AGE, SEX, RACE, OR OTHER CHARACTERISTIC? IN DECIDING HOW MUCH WEIGHT TO ACCORD THE VICTIM'S DESIRES, WHAT CRITERIA ARE USED? DATA FOR THIS STUDY WAS GATHERED THROUGH PERSONAL INTERVIEWS WITH PARTICIPANTS IN THE CRIMINAL JUSTICE SYSTEM IN NASHVILLE, TENNESSEE (POLICE OFFICERS, DEFENSE ATTORNEYS, PROSECUTING ATTORNEYS, JUDGES, PROBATION OFFICERS, PAROLE BOARD OFFICIALS, AND MEMBERS OF THE GOVERNOR'S STAFF). VICTIM INFLUENCES ON THE REPORTING OF CRIMES, CRIMINAL INVESTIGATION, THE DECISION TO ARREST, THE BAIL DECISION, THE DECISION TO PROSECUTE, AND POST-CONVICTION DECISIONS ARE ALL EXPLORED. IN ADDITION, THE EXISTING LEGAL MEANS OF EXERTING INFLUENCE (FORCING PROSECUTION, BLOCKING PROSECUTION, COMPROMISE STATUTES, AND PRIVATE PROSECUTION). THE STUDY CONFIRMS THAT THE VICTIM PLAYS A SIGNIFICANT INFORMAL ROLE IN THE PROSECUTION AND DISPOSITION OF A CRIMINAL CASE. SEVERAL GENERAL PATTERNS WERE DISCERNIBLE. FIRST, THE VICTIM EXERCISES GREATER CONTROL OVER PRELIMINARY STAGES OF THE PROCESS, SUCH AS ARREST, THAN LATER PHASES, SUCH AS SENTENCING AND PAROLE. SECONDLY, THE VICTIM OF A MISDEMEANOR OR NONSERIOUS FELONY IS BETTER ABLE TO EFFECT THE DISMISSAL OF CHARGES THAN THE VICTIM OF A SERIOUS FELONY. THIRDLY, THE DESIRES OF A VICTIM SEEKING VIGOROUS PROSECUTION OF A SERIOUSCRIME OFFENDER ARE GIVEN GREATER CONSIDERATION THAN THE DESIRES OF RELUCTANT VICTIMS OF THE SAME OFFENSES. FOURTHLY, THE WISHES OF RELUCTANT VICTIMS OF NONSERIOUS CRIMES ARE MORE LIKELY TO BE HONORED THAN ARE THE DESIRES OF AGGRESSIVE VICTIMS OF SUCH CRIMES. LASTLY, AND PERHAPS MOST IMPORTANTLY, THE VICTIM'S INFLUENCE OVER THE CRIMINAL CASE DEPENDS UPON THE RECEPTIVITY AND MALLEABILITY OF THE INDIVIDUAL WITH WHOM THE VICTIM INTERACTS (POLICE OFFICER, PROSECUTOR, OR JUDGE). THE COMMON DENOMINATOR IN ALL CASES WAS THE EXERCISE OF DISCRETION - BY POLICE, PROSECUTORS, JUDGES, AND CORRECTIONAL OFFICIALS. STUDY RECOMMENDATIONS INCLUDE EFFORTS BY OFFICIALS AT ALL STAGES OF THE CRIMINAL CASE TO ASCERTAIN AND CONSIDER THE ATTITUDES OF VICTIMS, GUIDELINES FOR OFFICIAL DISCRETION, WRITTEN PROCEDURES FOR COMMUNICATING WITH VICTIMS PRIOR TO OR DURING PLEA NEGOTIATIONS, THE DISCOURAGING OF THE PRACTICE OF EMPLOYING PRIVATE PROSECUTORS, AND CAUTIOUS SELECTION OF POLICE OFFICERS, PROSECUTORS, AND JUDGES. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)