Victim Statements, law homework help

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Victim Statements

Jennifer Moore is a Phoenix police officer who was shot during a traffic stop of a suspicious car. The gunman, Aaron Lopez, fired two shots at Moore. One bullet ripped through her right ring finger, and another struck her chest but was stopped by her bullet-proof vest.  Here are excerpts from her victim statement:

“I have had months of rehabilitation and frustration following my surgeries. I continue to have constant pain in my hand every single day . . .”

“Our firearms instructors have endlessly helped me to regain confidence in shooting accurately, as well as being around other officers while they are shooting to . . .  get used to the sound of the gun going off . . .  Any such sound elevates my heart rate and I immediately begin to sweat and my ears begin to ring because I flash back to when Lopez tried to kill me. . . ”

“I hate conducting traffic stops now, but I do them anyway to overcome the anxiety . . .  Even after I have patted a subject down or in my personal life, as soon as a person reaches into his or her pocket I . . .  feel [a] burning sensation and pain in my finger, followed by anger.”

“If I come across someone who resembles Lopez . . .  I begin to sweat, the tension builds, and I begin to shake uncontrollably from the adrenaline buildup. After several minutes, it calms down and . . .  I have no energy and feel like I haven’t slept for days.” (Remsberg, 2010)

Victim statements were first utilized in 1976 (Alexander & Lord, 1994). These statements allow victims to share their perspectives at sentencing, giving them a chance to have their voices heard. Although victim statements currently are allowed in most jurisdictions, controversy exists surrounding the use of these statements. Some argue that victim statements help a judge to accurately sentence an offender based on the extent of pain and trauma the crime caused the victim. Others argue that victim statements should be irrelevant to an offender’s sentence, which should focus solely on the crime and not on the victim. In addition, critics argue that victim statements create unrealistic expectations in victims, leading them to believe that their statements carry more weight than they actually do (Davis, 2013).

For this Discussion, consider the arguments for and against allowing victim statements to be heard in the courtroom prior to sentencing.


Post by Day 1 a brief explanation of potential impacts victim statements might have on the sentencing of offenders. Then explain whether or not victim statements should be allowed in the courtroom prior to sentencing, and explain why.


One and a half page with at least two reference….

It is important that you cover all the topics identified in the assignment. Covering the topic does not mean mentioning the topic BUT presenting an explanation from the readings.


To get maximum points you need to follow the requirements listed for this assignments 1) look at the page limits 2) review and follow APA rules 3) create SUBHEADINGS to identify the key sections you are presenting and 4) Free from typographical and sentence construction errors.

REMEMBER IN APA FORMAT JOURNAL TITLES AND VOLUME NUMBERS ARE ITALICIZED.

MULTIPLE USE OF INTEXT CITATION

Readings

  • Englebrecht, C. M. (2011). The struggle for “ownership of conflict”: An exploration of victim participation and voice in the criminal justice system. Criminal Justice Review, 36(2), 129–151.
     
  • Gur, O. M. (2010). Persons with mental illness in the criminal justice system: Police interventions to prevent violence and criminalization. Journal of Police Crisis Negotiations, 10(1/2), 220–240.
     
  • Meyer, S. (2011). Seeking help for intimate partner violence: Victims’ experiences when approaching the criminal justice system for IPV-related support and protection in an Australian jurisdiction. Feminist Criminology, 6(4), 268–290.
     
  • Patterson, D., & Campbell, R. (2010). Why rape survivors participate in the criminal justice system. Journal of Community Psychology, 38(2), 191–205.
     
  • Rashmee, S. (2010). In between the system and the margins: Community organizations, mandatory charging and immigrant victims of abuse. Canadian Journal of Sociology, 35(1), 31–62.
     

Media

TRANSCRIPT

“Victims and the Criminal Justice System”

Multimedia Program Transcript

INTRODUCTORY PARAGRAPH:

In this week’s exercise, you’ll see how one criminal act that only lasts for a few minutes can still have a psychological impact on the victims that lasts for years.

This particular story begins at the offices of the Peopletown Gazette, in the cubicle of their longtime sports columnist, Jim Keane.

NARRATOR (ALL IN VO): Jim Keane is a sportswriter for the Peopletown Gazette. He loves football, baseball, his family and Chinese food – though not necessarily in that order.

But, because Jim and his wife are thinking about having a second child, Jim is also learning how to love saving money.

So, instead of paying for everything on credit cards, Jim has resolved to only pay cash – as long as he has some. But today is payday AND the start of football season, and Jim believes he’s earned a lunch out with the boys at their favorite Chinese restaurant.

He just needs to stop by the ATM first.

JOHNNY (VO): “Everybody get down on the ground, now!!!”

NARRATOR (VO): And, in that one moment, Jim’s day changed in a way he never could have imagined.

JOHNNY (VO): “Put all the money in a bag for me! Do it now!!!”

SFX: Police, through a radio / megaphone: “This is the police! We have the bank surrounded! Everyone remain calm!”

NARRATOR (VO): Jim and the other witnesses have been sitting in these seats for over an hour now, waiting to give their testimony. JOHNNY’S SISTER: “I want to see Johnny Kelly! He didn’t rob no bank! I’m his mother! No, I will NOT wait!”

FEMALE DETECTIVE (VO): “If you could all just follow me? We’d like to speak with each of you, one at a time. You can wait here.”

FEMALE DETECTIVE (VO): “Mister Keane? Let’s start with you.”

NARRATOR (VO): “They ask Jim to verify his name and residence, and then, before they ask him for any details about the robbery, they make it very clear to Jim that the consequences of getting any of the details wrong are very, very serious.

JIM’S 2-YEAR-OLD DAUGHTER (VO): “Daddy!” JIM’S WIFE (VO): “Honey, are you okay?”

NARRATOR (VO): “That evening, when finally returns home to his worried family, he receives a phone call.” NARRATOR (VO): The man on the other end identifies himself as a counselor who assists recent victims of crime. Jim does not want to talk to him, and says so. The counselor tells Jim that he’ll be there if Jim needs him, and he gives Jim a number where he can be reached, if Jim should ever change his mind.

NARRATOR (VO): Later that week, the assistant detective contacts Jim and asks him to return to the station to view a line-up. Jim is told to relax, and only to identify someone if that person is present—not to feel pressured to pick anyone out. DETECTIVE (THROUGH INTERCOM): “Number Four, please turn to the left.”

NARRATOR (VO): Several months later, Jim gets another call. He is finally being summoned to take the stand as a witness to the crime. Jim feels nervous, and he asks if his identity can remain anonymous. But he is told by an administrator that he will have to appear in the courtroom, in person, and that NOT to do so would be against the law.

NARRATOR (VO): In the weeks leading up to the trial, the prosecutor meets with Jim and the other witnesses several times, to help prepare them for what they can expect when they do testify. Jim is counseled to keep his responses on the stand simple, only ever answering the question that was asked.

NARRATOR (VO): Although the prosecutor had requested to use a recorded deposition from Jim that would have kept Jim’s identity anonymous, that motion has been denied.

NARRATOR (VO): Jim must report for the trial in person, and he must testify in front of the alleged perpetrator.

NARRATOR (VO): When it comes time for the judge to issue a verdict, Jim listens as the judge finds the defendant guilty and sentences him to four years in prison. The thief jumps up in his seat and lunges in anger at the witnesses who are seated behind the prosecution.

JOHNNY (VO): “This is your fault! I’m wasting my LIFE because of you!”

NARRATOR (VO): “Jim feels very nervous. He leans forward to ask the prosecutor about the possibility of witness protection, but the judge demands that everyone in the courtroom remain silent.

NARRATOR (VO): “Nearly two years after the day the bank was robbed, Jim thinks he sees the robber again, walking free. But how can that be? He was sentenced to four years in prison – wasn’t he?”

NARRATOR (VO): Concerned, Jim texts his wife. She searches for information about Jim’s case online and learns that the thief has indeed been granted an early parole.

NARRATOR (VO): Jim begins to feel nervous as he goes about his daily business. He sees a strange car parked outside of his home at odd hours and wonders if the thief or his friends could possibly know where he lives.

NARRATOR (VO): When Jim checks the website of the People town court system, he sees that his address is listed in the public records connected with the trial.

NARRATOR (VO): Jim cannot keep his nerves under control. He feels distracted at work and jittery at home. NARRATOR (VO): Jim finds the phone number he wrote down so long ago, on the evening of that attempted robbery – the number given to him by the counselor who works with victims of crime. Jim calls and finds that the counselor is willing to set up an appointment to talk.

NARRATOR (VO): Jim then calls the main number listed for the courthouse, and asks for information about the witness protection program. The courthouse operator connects Jim with a caseworker in the victims’ services office.

NARRATOR (VO): Jim is asked a series of short questions about his situation, and then he is invited to visit their office in person, to meet with a caseworker who can explain Jim’s options.

 
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