ROLE OF THE VICTIM IN THE PROSECUTION OF VIOLENT CRIMES

• NCJ Number: 55326
• Author(s): K M WILLIAMS
• Date Published: 1978
• Length: 53 pages
• Grant Number(s): 74-NI-99-0003; 75-NI-99-0111; 76-NI-99-0118; 77-NI-99-0060
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: INSLAW
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: PROMIS RESEARCH PROJECT

Annotation

THIS ANALYSIS OF VICTIM RESPONSIBILITY, VICTIM-DEFENDANT RELATIONS, THE VICTIM AS A WITNESS, AND CASE DISPOSITION AND VICTIM CHARACTERISTICS INDICATES THAT THE VICTIM IS SIGNIFICANT IN THE PROSECUTION OF VIOLENT CRIMES.

Abstract

THE VICTIM CAN HAVE AN INITIAL IMPACT ON THE CRIMINAL JUSTICE SYSTEM, BY DECIDING WHETHER TO REPORT VICTIMIZATION TO THE POLICE, AS WELL AS AN IMPACT ON THE FINAL DISPOSITION OF VIOLENT CRIME CASES. ANALYSIS OF THE VICTIM'S ROLE IS BASED ON DATA FOR 5,000 CRIMINAL CASES PROCESSED OVER A 1-YEAR PERIOD THAT WERE OBTAINED FROM PROSECUTOR'S MANAGEMENT INFORMATION SYSTEM (PROMIS) A CASE MANAGEMENT INFORMATION SYSTEM IN THE DISTRICT OF COLUMBIA U.S. ATTORNEY'S OFFICE. EMPHASIS IS PLACED ON THE VICTIM'S INFLUENCE AT THREE DECISION POINTS IN THE DISPOSITION OF VIOLENT CRIME CASES: (1) WHETHER THE PROSECUTOR FILES CHARGES IN COURT; (2) WHETHER THE PROSECUTOR DISMISSES A CASE ORIGINALLY ACCEPTED FOR PROSECUTION; AND (3) WHETHER THE CASE GOING TO TRIAL RESULTS IN A FINDING OR VERDICT OF GUILTY. AT THE INITIAL CASE SCREENING, WHEN DECIDING WHETHER TO FILE CHARGES, PROSECUTORS ANSWER QUESTIONS REGARDING PROVOCATION BY THE VICTIM AND VICTIM PARTICIPATION IN CRIME. VICTIM RESPONSIBILITY IS ALSO ASSESSED IN TERMS OF ALCOHOL ABUSE, OPIATE USE, ARREST RECORD, UNEMPLOYMENT, PHYSICAL DISABILITY, AGE, AND SEX. REGARDING VICTIM-DEFENDANT RELATIONS, THERE IS CONSIDERABLE EVIDENCE THAT THE SOCIAL LINKAGE FREQUENTLY MATTERS IN CASE PROCESSING DECISIONS. COMPLAINING BEHAVIOR AND LACK OF COOPERATION BY THE VICTIM AS A WITNESS AFFECT CASE ATTRITION. THE VICTIM IS FOUND TO BE A SIGNIFICANT DETERMINANT OF PROSECUTOR DECISIONS AT SCREENING, AND TO A LESSER EXTENT, IN SUBSEQUENT PRETRIAL STAGES OF VIOLENT CRIME CASES. UNDERSTANDING THE POTENTIAL IMPACT OF VICTIM CHARACTERISTICS ON CASE PROCESSING DECISIONS AND SUSTAINING THE VICTIM'S COOPERATION AS THE COMPLAINING WITNESS CAN OFTEN FACILITATE THE SUCCESSFUL PROSECUTION OF A CASE. SUPPORTING DATA AND NOTES ARE INCLUDED. APPENDIXES CONTAIN FURTHER INFORMATION ON VICTIMS, VIOLENT CRIMES, AND STATISTICAL METHODS EMPLOYED IN THE ANALYSIS. (DEP)