Americas Courts and the Criminal

Justice System 11th Edition Neubauer

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 Chapter 9
DEFENDANTS AND VICTIMS

TEST BANK

MULTIPLE CHOICE

1. Victims and witnesses face frustrations in coping with the court process
a. but overall exhibit surprising support c. and overall resent the system as a
for the system. result.
b. and almost never show up for court. d. none of these answers is correct.

ANS: A REF: 229 OBJ: 2

2. Compared to the average citizen, a felony defendant is more likely to be

a. younger. c. a racial minority.
b. male. d. All of these answers are correct.

ANS: D REF: 223 OBJ: 1

3. The three most prominent defendant characteristics used in the discussion of crime and
crime policy are
a. age, race, and marital status. c. family background, sex, and age.
b. race, education, and income. d. sex, poverty, and race.

ANS: D REF: 223 OBJ: 1

4. Why are Latino victims less likely to report crimes to the police than whites?
a. Some speak very little English, which makes it hard for them to understand what is
happening during investigations and arrests.
b. They often lack a basic understanding of the American justice system.
c. In some of their native countries, the justice system has a history of suppression,
which makes them particularly fearful of governmental officials.
d. All of these answers are correct.

ANS: D REF: 224 OBJ: 2

5. In crimes of violence such as assaults, robberies, and rapes, Hispanic women report the
crime to the authorities what percent of the time?
a. 10 c. 35
b. 25 d. 50

ANS: C REF: 225 OBJ: 2

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6. According to a recent Federal Bureau of Investigation report, women account for
approximately what percent of all arrests?
a. 6 c. 25
b. 14 d. 30

ANS: C REF: 223 OBJ: 1

7. Members of the courtroom work group become frustrated when victims and witnesses
a. do not cooperate. c. are intimidated by the defendant
b. are intimidated by the defendant’s d. all of these answers are correct.
friends.

ANS: D REF: 229-230 OBJ: 3

8. In roughly half of the crimes of violence the defendant and the victim
a. had a prior relationship. c. were strangers.
b. were married. d. were neighbors.

ANS: A REF: 232 OBJ: 4

9. Which of the following court participants is supposed to stand at the center of the
criminal court drama?
a. the prosecutor c. the defense attorney
b. the defendant d. the judge

ANS: B REF: 226 OBJ: 1

10. Most members of the courtroom work group are essentially part of what class?
a. the urban underclass c. the middle class
b. the lower class d. the upper class

ANS: C REF: 226 OBJ: 3

11. Which of the following statements is true regarding typical felony defendants?
a. Many are incapable of understanding even the simplest instructions about the right
to bail or the presumption of innocence.
b. Many are too inarticulate to aid their attorneys in preparing a defense.
c. Many hold unfavorable attitudes toward the law and the criminal justice system.
d. All of these answers are correct.

ANS: D REF: 224-225 OBJ: 1

12. Most of what we know about the ordeal of testifying in court comes from research on
victims of
a. rape. c. assault.

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b. robbery. d. burglary.

ANS: A REF: 228 OBJ: 2

13. Which participants in the criminal justice system have traditionally been forgotten?
a. Defendants c. Defense attorneys
b. Victims and witnesses d. Members of juries

ANS: B REF: 228 OBJ: 2

14. Which of the following is not a hardship that victims and witnesses face while
participating in the criminal court process?
a. trial delays.
b. lost wages.
c. fear of retaliation from the defendant.
d. All of the above are hardships victims and witnesses may experience.

ANS: D REF: 228 OBJ: 2

15. Not all uncooperative behavior can be blamed on victims and witnesses. Witnesses
reported which of the following in a Washington, D.C. study?
a. some weren’t told they should call the prosecutor.
b. some were never notified of court appearances.
c. some were never told of their rights.
d. all of these answers are true.

ANS: D REF: 229-230 OBJ: 2 and 3

16. In Washington, D.C., a study that focused on non-cooperative witnesses found that
a. prosecutors were very unlikely to file charges when confronted with witness-
related problems.
b. more than half the witnesses were never notified of court appearances.
c. cases were more likely to be dismissed when witnesses failed to show up in court.
d. most of the witnesses did not cooperate with prosecutors because they were
intimidated by the defendant, members of the defendant’s family, or by others who
associated with the defendant.

ANS: B REF: 229-230 OBJ: 2 and 3

17. According to the Bureau of Justice Statistics, approximately what percentage of violent
crimes is committed by relatives, friends, or acquaintances of the victim?
a. 5% c. 50%
b. 20% d. 90%

ANS: C REF: 232 OBJ: 4

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18. The most important victim characteristic that influences case processing is
a. the victim’s race.
b. the victim’s age.
c. the victim’s social class.
d. the victim’s relationship with the offender.

ANS: D REF: 231 OBJ: 4

19. Research regarding criminal justice policies aimed at reducing domestic violence
indicates that
a. rates of re-arrest are lower among defendants processed in domestic violence
courts.
b. mandatory arrest policies are highly effective at reducing intimate-partner violence
in both the short- and long-term.
c. programs for batterers alone may reduce domestic violence.
d. All of these answers are correct

ANS: A REF: 234 OBJ: 4

20. One problem with civil protection orders is that

a. they may be issued by the judge on an emergency basis without the other party
present.
b. it is not at all uncommon for vindictive, angry partners to use orders of protection
as substitutes for eviction orders or as a means to ignore child custody agreements.
c. recent legislative changes in most jurisdictions now make these orders more
difficult to obtain.
d. they are limited to individuals who are able to prove that they have a long history
of abuse.

ANS: B REF: 234 OBJ: 4

21. Victim/witness assistance programs are commonly called

a. Victim Services. c. Victims’ Rights Commissions.
b. Witness Protection Programs. d. Victims’ Compensation Funds.

ANS: A REF: 236 OBJ: 5

22. Most victim compensation programs

a. reimburse victims for lost or damaged property.
b. provide for the recovery of medical expenses and some lost wages.
c. ensure that defendants pay restitution.
d. All of these answers are correct.

ANS: B REF: 236 OBJ: 5

23. Which of the following is not a requirement of victim compensation fund programs?

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a. victims must assist in the prosecution of the defendant.
b. victims must be “innocent victims.”
c. victims living in the same household as the offender are ineligible.
d. The defendant must be found guilty in court.

ANS: D REF: 236-237 OBJ: 5

24. Which of the following statements is true about Victim Services?

a. Today, virtually all jurisdictions of varying sizes have established programs aimed
at helping crime victims cope with the hardships of victimization and deal with the
often troublesome demands of the criminal justice system.
b. Overall, most victims use these services.
c. Younger victims of violent crimes are more likely to use victim services than are
older victims of nonviolent crimes.
d. Researchers consistently find that victims who receive help are more likely to
cooperate with prosecutors; they are more likely to appear in court when
summoned than those not assisted.

ANS: A REF: 236 OBJ: 5

25. The first victim compensation program in the United States began in what state in 1965?
a. California c. New York
b. Michigan d. Wisconsin

ANS: A REF: 236 OBJ: 5

26. Preliminary evaluations of victim compensation programs have suggested that

a. these programs lessen victim frustration with the criminal justice system.
b. most victims of violent crimes apply for benefits, and most are compensated.
c. victims of property crimes are often reimbursed for lost or damaged property when
they do not have insurance coverage.
d. none of these answers is correct.

ANS: D REF: 236-237 OBJ: 5

27. In general, proponents of the “law-and-order” approach to the victims’ bill of rights
accuse the courts of protecting the rights of defendants rather than those of victims.
Proponents of such an approach would not support which of the following?
a. abolishing the exclusionary rule
b. restricting plea bargaining
c. imposing harsher sentences on offenders
d. proponents of such an approach would support all of these

ANS: D REF: 237 OBJ: 5

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28. The largest victim advocacy group is
a. the American Association of Retired People.
b. Mothers Against Drunk Driving.
c. the Center for Missing and Exploited Children.
d. Handgun Control Incorporated.

ANS: B REF: 240 OBJ: 5 and 6

29. What was the legal issue presented to the U.S. Supreme Court in Payne v. Tennessee
(1991)?
a. victim characteristics
b. ”Son of Sam” law
c. victim impact statements
d. mandatory restitution

ANS: C REF: 235 & 238 OBJ: 6

30. Some see the victims’ movement as providing much needed support for victims of crime.
Others view the victims’ movement as manipulating victims by providing
a. money but no support c. support but no money
b. symbols but no substance d. substance but no symbols

ANS: B REF: 240-241 OBJ: 6

31. A study of a victims’ rights organization in Alabama found that the membership was
a. disproportionately white and female.
b. disproportionately white and male.
c. disproportionately African American and female.
d. disproportionately African American and male.

ANS: A REF: 240-241 OBJ: 5

32. A study in the state of Washington found that groups supporting what act reflected a
punitive orientation toward defendants more than an effort to aid victims of sexual
assault?
a. the Community Protection Act.
b. the Community Victims Act.
c. the Victim Protection Act.
d. the Protection Act.

ANS: A REF: 240-241 OBJ: 6

33. Although enthusiasm for helping victims is clearly growing what problem still exists?

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a. the willingness to pay for the necessary services is not always present.
b. the ability to pay for the necessary services is not always present.
c. the time to pay for the necessary services is not always present.
d. the willingness to pay for the necessary services is always present.

ANS: A REF: 241 OBJ: 5

34. It is estimated that over 70 percent of all serious criminal offenses are committed by
roughly 7 percent of offenders (DeLisi 2005; Vaughn and DeLisi 2008). What is the
common name for this group of offenders?
a. career criminals.
b. frequent criminals.
c. common criminals.
d. lifetime criminals.

ANS: A REF: 223 OBJ: 1

35. What kind of offender is more likely to have experienced neglect, abuse, or violence in
his/her families?
a. white-collar offenders c. property offenders
b. purse snatchers d. violent offenders

ANS: D REF: 223 OBJ: 1

36. When a criminal defendant acts pro se, courts have the discretion to appoint
a. a guardian ad litum.
b. a victim mediator.
c. shadow counsel.
d. mediating counsel.

ANS: C REF: 227 OBJ: 1

37. What type of evidence helped convict Dharun Ravi?

a. blood spatter.
b. fingerprints.
c. social media.
d. DNA.

ANS: C REF: 227-228 OBJ: 1

CRITICAL THINKING SCENARIOS

CASE 9.1

Dharun Ravi, a freshman at Rutgers University, used a web cam to spy on his gay roommate’s
dorm-room sexual encounters and streamed the video (Shallwani 2012). A few days later his

176
roommate Tyler Clemnti, a talented young musician, committed suicide. These events quickly
became the subject of intense national interest and Ravi was charged under New Jersey law with
hate crime, invasion of privacy, witness intimidation, and bias intimidation (but not murder).

38. What was the basis of the governments’ case?

a. twitter feeds, Facebook posts, text message, e-mails and other chatter
b. eyewitness testimony and forensic evidence.
c. forensic evidence and confession.
d. None of these answers is correct.

ANS: A REF: 227-228 OBJ: 1

39. The jury in the Ravi case decided that the evidence
a. elevated the crime.
b. reduced the crime.
c. incorporated the crime.
d. waived the crime.

ANS: A REF: 227-228 OBJ: 1

CASE 9.2

The criminal courts confront a double bind with regard to victims. On the one hand, victims are
valued for the cases they bring to the system; their misfortunes become the raw material of the
court process. On the other hand, individual victims represent a potential source of irrationality
in the process. The personal and often emotional involvement of victims in the crime experience
can generate particular demands for case outcomes that have little to do with the public interest.

40. Members of the courtroom work group may perceive that the victim’s demands for public
justice actually mask a desire for
a. private vengeance.
b. private regret.
c. public vengeance.
d. public vindication.

ANS: A REF: 229 OBJ: 3

41. Members of the courtroom workgroup also know that the same individual may
a. be a victim, a witness, and an offender.
b. be a victim and an offender.
c. be a witness and an offender.
d. be an offender.

ANS: A REF: 229 OBJ: 3

42. What percentage of all major crimes are never reported to the police?

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a. more than half.
b. less than half.
c. more than one fourth.
d. less than one third.

ANS: A REF: 229 OBJ: 3

CASE 9.3

In some ways, victims of crimes are a diverse lot including the rich and the poor, the young and
the old, and men as well as women. This diversity aside, however, crime victims are more likely
to be young, nonwhite, male, divorced or never married, low income, and unemployed (Truman
2011; Elias 1986). Thus in many ways the profile of victims matches that of defendants.

43. Which of the following is true based on decades of research?

a. offenders and victims often possess the same characteristics.
b. offenders and victims often engage in many of the same behaviors.
c. offenders and victims often possess the same characteristics and engage in many of
the same behaviors.
d. offenders and victims rarely possess the same characteristics.

ANS: C REF: 231 OBJ: 4

44. In what percent of all felony arrests in New York did the victim have a prior relationship
with the offender?
a. fifty percent.
b. forty percent.
c. sixty percent.
d. seventy percent.

ANS: A REF: 231-232 OBJ: 4

45. What crime, in particular, are offenders strangers only 14% of the time?
a. rape.
b. burglary.
c. theft.
d. homicide.

ANS: D REF: 232 OBJ: 4

TRUE/FALSE

1. Researchers estimate that over 70 percent of all serious offenses are committed by
roughly seven percent of offenders.

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ANS: T REF: 223 OBJ: 1

2. When victims cooperate with the prosecution, the odds that a case will be prosecuted
increase dramatically.

ANS: T REF: 229 OBJ: 3

3. Conviction of a parent is not correlated with the likelihood of a child offending and being
convicted.

ANS: F REF: 223 OBJ: 1

4. Rates of female involvement in the criminal justice system have been increasing in recent
years, but their absolute numbers still fall well below those of males.

ANS: T REF: 224 OBJ: 1

5. Lack of trust in governmental authorities is one reason Latinos often do not report crimes
to the police.

ANS: T REF: 224 OBJ: 2

6. The majority of police departments in the United States have officers who can take an
accurate police report from a Spanish speaker.

ANS: F REF: 225 OBJ: 2

7. Although relatively little is known about Latino defendants, we do know that after arrest
Hispanics are more likely to be detained in jail than Blacks or Whites.

ANS: T REF: 225 OBJ: 1

8. Some studies focusing on victims have identified ways in which the courts have ignored
the interests of victims and witnesses.

ANS: T REF: 228 OBJ: 2

9. As prosecutorial dominance increased in the United States, the power of victims declined.

ANS: T REF: 228 OBJ: 2

10. After cross-examination, witnesses and victims often report feeling as if they have been
put on trial.

ANS: T REF: 228 OBJ: 2

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11. Because of the problems and frustrations that many experience in the handling of their
cases, victims and witnesses express little overall support for the court process.

ANS: F REF: 229 OBJ: 2

12. The majority of states have passed legislation limiting inquiry into a rape victim’s past
sexual conduct.

ANS: T REF: 229 OBJ: 2

13. Lack of cooperation on the part of victims of crime is referred to by scholars as indigent
cynicism.

ANS: F REF: 229 OBJ: 2

14. Researchers estimate that more than half of all major crimes are never reported to the
police.

ANS: T REF: 229 OBJ: 2

15. Many victims and witnesses are reluctant to become involved in the criminal justice
system.

ANS: T REF: 229 OBJ: 2 and 3

16. Witness-related problems result in a significant number of cases being dropped by the
prosecutor or the judge.

ANS: T REF: 229 OBJ: 3

17. Homicides are usually committed by someone the victim knows by sight; in fact, the
victim and the perpetrator are strangers in less than 15 percent of all murders.

ANS: T REF: 232 OBJ: 4

18. The criminalization of domestic violence has not greatly increased the workload of the
courts.

ANS: F REF: 232-234 OBJ: 4

19. Legal sanctions against domestic violence are limited to criminal law.

ANS: F REF: 234 OBJ: 4

20. Once a civil protective order is in place it is virtually impossible for a defendant to
continue to harm the plaintiff.

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ANS: F REF: 234 OBJ: 4

21. The criminal justice system has done little to help victims recover from the financial and
emotional problems they suffer.

ANS: T REF: 236 OBJ: 5

22. Victims of domestic violence may request a civil protection order.

ANS: T REF: 234 OBJ: 5

23. Civil lawsuits are an effective way for victims to receive compensation from defendants.

ANS: F REF: 236 OBJ: 5

24. Mothers Against Drunk Driving is the nation’s largest victim advocacy group.

ANS: T REF: 240 OBJ: 5 and 6

25. Some programs that claim to be “victims’ assistance” programs are actually focused on
the punishment of defendants.

ANS: T REF: 240 OBJ: 6

COMPLETION

1. Researchers estimate that over 70 percent of all serious offenses are committed by
roughly seven percent of offenders, a group commonly referred to as
_____________________.

ANS: career criminals

REF: 223 OBJ: 1

2. Three characteristics of defendants—sex, poverty, and ____________________– figure

prominently in discussions of crime and crime policy.

ANS: race

REF: 223 OBJ: 1

3. Pro se criminal defendants who plead guilty often do so to significantly

percentages of misdemeanors and lower number of felonies compared to represented
defendants.

181
ANS: higher

REF: 226 OBJ: 1

4. As dominance increased, the power of the victim decreased.

ANS: prosecutorial

REF: 228 OBJ: 2

5. One of the hardships victims and witnesses face while participating in the criminal court
process is trial .

ANS: delays

REF: 228 OBJ: 2

6. Victims and witnesses face major problems while testifying in .

ANS: court

REF: 228 OBJ: 2

7. Many victims and witnesses are to become involved in the criminal

justice process.

ANS: reluctant

REF: 229 OBJ: 3

8. A study conducted in Milwaukee found that fewer than 15 percent of victims and
witnesses were with the handling of their cases by the criminal
justice system.

ANS: dissatisfied

REF: 229 OBJ: 2

9. At times members of the courtroom work group perceive that the victim’s demands for
public justice actually mask a desire for private ____________________.

ANS: vengeance

REF: 229 OBJ: 3

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10. Victim cooperation with the prosecution dramatically ____________________ the odds
that a case will be prosecuted.

ANS: increases

REF: 229 OBJ: 3

11. Persons who have been the victims of crime, or witnesses to a crime, may be pressured
not to testify. Witness ____________________ may take the form of threats of violence
or actual violence itself against the person in question or his or her friends and family
members.

ANS: intimidation

REF: 231 OBJ: 2 and 3

12. Perhaps the most important victim characteristic that influences case processing is the
prior between defendants and victims.

ANS: relationship

REF: 231 OBJ: 4

13. In of all felony arrests in New York, the victim had a prior
relationship with the defendant.

ANS: half

REF: 232 OBJ: 4

14. Victims of domestic violence may request a civil ____________________ order.

ANS: protection

REF: 234 OBJ: 4

15. The Victim and Witness Act, a federal law passed in 1982, required
greater protection of victims and witnesses and also mandated guidelines for the fair
treatment of victims and witnesses in federal criminal cases.

ANS: Protection

REF: 234-235 OBJ: 5

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16. The four most common types of initiatives are: (1) victim/witness assistance programs,
(2) victim programs, (3) a victim’s bill of rights, and victim impact
statements.

ANS: compensation

REF: 235 OBJ: 5

17. Most states have a “____________________ exclusion” clause that disallows victims
living in the same household as the offender from being eligible for victim compensation.

ANS: family

REF: 237 OBJ: 5

18. Victim/witness ____________________ programs encourage cooperation in the court

process by reducing inconveniences faced by citizens appearing in court.

ANS: assistance

REF: 235/236 OBJ: 5

19. The presumption is that the adjudication process is characterized by an adversarial model.
The is that the courtroom work group has a mutual interest in
processing large numbers of cases expeditiously.

ANS: reality

REF: 236 OBJ: 2

20. Victim advocacy groups have become a powerful ____________________ voice.

ANS: political

REF: 240 OBJ: 6

ESSAY

1. 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
consequence of these different characteristics between the defendant and work group
members?

ANS:

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The typical felony offender is likely to be a young minority male. In addition, felony offenders
are generally unemployed and undereducated; they are disproportionately members of the lower
class (i.e., poor). Many also come from broken homes. Relative to typical felony offenders,
workgroup members tend to be white, older, more educated, and more affluent. The differences
between the two groups may lead to unfair prejudices or stereotypes about defendants.

REF: 224-226 OBJ: 1

2. Identify and describe three types of programs/initiatives designed to aid victims in coping
with the criminal justice process.

ANS:
The three types of programs/initiatives that are designed to aid victims in coping with the
criminal justice process include victim assistance programs, victim compensation programs, and
victims’ rights bills. Assistance programs are designed to help victims better navigate the court
process. These programs, for example, encourage victim cooperation by reducing
inconveniences faced by victims who appear in court. Such programs may also provide crisis
intervention and help victims reclaim stolen property. Victim compensation programs are also
designed to help victims. But, these programs focus on providing economic assistance for
victims of violent crimes. As such, they provide reimbursement for some medical expenses and
lost wages, but they do not provide for the reimbursement of stolen or damaged property. Also
noteworthy is the reality that cumbersome procedures and strict eligibility requirements exclude
many from receiving financial compensation. Victims’ rights bills represent a third type of
program (or initiative). In essence, proponents of rights bills aim to increase the rights of victims
while minimizing the rights of defendants through court reform.

REF: 235-237 OBJ: 5

3. In Payne v. Tennessee (1991), the U.S. 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 stage. Do
researchers generally find that this type of evidence makes a difference?

ANS:
In Payne v. Tennessee (1991) the U.S. Supreme Court ruled that victim impact statements are
now permitted at the sentencing stage of a capital case. This means that those impacted by the
crime may now take the stand at the sentencing stage and provide accounts of how the crime
changed their lives (or the lives of others). Stare decisis was overruled; in Payne the Court
ruled that evidence of the impact of the crime on the victim’s family is relevant to the sentencing
jury because it provides an assessment of the harm caused by the offender. This decision,
therefore, overruled Booth v. Maryland (1987) and South Carolina v. Gathers (1989).
Researchers find that victim impact statements have little effect on sentencing outcomes.

REF: 223, 235, 238 OBJ: 5 and 6

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4. Discuss five practical hardships that victims and witnesses face when participating in the
criminal justice process. For example, witnesses must not only find the courthouse and
affordable parking, but they must also endure long waits in uncomfortable surroundings
and often do not know exactly what is going on in the courtroom where they have been
summoned to appear.

ANS:
Problems include trial delays, lost wages for time spent going to court, fear of retaliation,
perceived indifference from court actors, and fear of testifying. First, trial delays result in
frequent travel and wasted time. Sometimes lawyers contact witnesses and victims in advance of
their departure for court about anticipated delays. Other times, the delays occur only after the
witnesses have arrived. Moreover, most witnesses do not readily understand why proceedings
have been delayed. Second, lost wages for time spent going to court are another hardship. Many
employers will not compensate witnesses who must leave their jobs to testify in court. Not only
is travel to and time spent in the courthouse generally non-reimbursable, but witnesses must
spend their own money on lunch and snacks while waiting. Third, some victims and witnesses
fear that the defendant and/or his/her associates may retaliate. The popular myth of witness
protection that appears on television is rare. Witnesses are not afforded any special type of
protection in most cases, although they may feel that they or members of their family are at risk.
In domestic violence cases, in particular, the victim may not cooperate with the government
because s/he fears the defendant. Fourth, victims and witnesses often feel that the criminal
justice system is indifferent to them. Fifth, some witnesses fear testifying. Often times, lawyers
do not spend enough time with the witness explaining the process, answering questions, or
preparing him/her for cross examination. Testifying can be a frightening ordeal, especially when
defense attorneys vigorously cross-examine. When this happens victims complain that they were
made to feel as if they were on trial. This complaint is common among rape victims.

REF: 228, 236-228 OBJ: 2

5. Members of the courtroom work group become frustrated when victims and witnesses do
not cooperate and are intimidated by the defendant or the defendant’s friends and family.
Describe some ways victims and witnesses can be uncooperative. What issues do you
think the court should address to deal with this failure to cooperate?

ANS:
Many victims and witnesses are reluctant to become involved in the criminal justice process.
More than half of all major crimes are never reported to the police; even when they are reported,
not all victims wish to prosecute. Particularly in low-income, high-crime neighborhoods of the
nation’s largest cities, victims and witnesses may fail to cooperate with the police. Scholars refer
to this lack of cooperation as legal cynicism. Youths in a high crime neighborhood are
negatively disposed toward police and this is grounded in the lived experience of negative
encounters with law enforcement (Carr, Napoliatano, and Keating 2007). Overall legal cynicism
refers to a cultural orientation in which law and the courts are viewed as illegitimate,
unresponsive, and ill equipped to ensure public safety (Kirk and Matsuda 2011).

186
Some specific witness-related problems include giving the police incorrect addresses, failing to
show up in court, and offering testimony that is confused, garbled, or contradicted by other facts.
Not all uncooperative behavior can be blamed on victims and witnesses, however; the court
process can be equally at fault. In Washington, D.C., a study focusing on what it called
“noncooperative” witnesses reported that 41 percent were never told that they should contact the
prosecutor; 62 percent were never notified of court appearances; and 43 percent stated that the
police, prosecutor, and judge all failed to explain the witnesses’ rights and duties. Other reports
have found that the longer the case is delayed, the more likely it is that witnesses will not appear
when summoned (Cannavale and Falcon 1976).

REF: 229-230 OBJ: 3

6. In what ways is the prior relationship a victim has with his/her offender important to the
court process?

ANS:
Prior relationships between defendants and victims are more common than generally assumed. In
half of all felony arrests in New York, the victim had a prior relationship with the defendant.
Prior relationships were frequent in cases of homicide and assault and cases of robbery. Other
studies reach a similar conclusion. Nationwide, roughly half of all violent crimes (rape, assault,
and robbery) are committed by relatives, friends, or acquaintances of the victim (Truman 2011).
Homicides, in particular, are usually committed not by strangers but by someone the victim
knows by sight; in fact, the victim and the perpetrator are strangers in only 14 percent of all
murders (Fox and Zawitz 2007). Criminal court officials often regard crimes involving people
who know one another as not very serious, viewing them as private disputes rather than offenses
against the entire community. The prior relationship between victims and defendants is most
apparent in crimes against women. Women are much more likely than men to experience
violence committed by an intimate partner, such as a current or former spouse, lover, or
boyfriends or girlfriends, including same-sex relationships. Measuring violence between intimate
partners is difficult because it often occurs in private and victims are often reluctant to report
incidents to anyone because of shame or fear of reprisal. Historically, police officers made an
arrest only as a last resort—if taking the suspect into custody seemed the only way to ensure no
more violence that night. In the late 1970s through the 1980s, however, this attitude began to
change as domestic violence can to be understood a serious social problem. The police have been
urged to make more arrests, and prosecutors to file charges, no matter what the wishes of the
victim. Researchers report that arrest reduces domestic violence in some cities but increases it in
others (Schmidt and Sherman 1993). Although some exceptions exist, most studies to date
indicate that criminal justice interventions deter intimate-partner violence or improve victim
safety (Spohn 2008; Cosimo 2011). Arrests, however, do not always lead to prosecutions. Many
women call the police to stop the violence but later have a change of heart and refuse to sign a
complaint.

REF: 231-232 OBJ: 4

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7. The victims’ movement is seen as providing much needed support for victims of crime by
some but as manipulating victims by providing symbols but no substance by others.
Explain the arguments on each side of this issue. Which side do you support? Why?

ANS:
After a long period of neglect, aiding victims has become good politics. Victim advocacy groups
have become a powerful political voice. These grassroots operations function loosely under the
national umbrella organization, the National Organization of Victim Assistance. Today, the
victims’ rights movement involves a loose coalition of local, state, and national organizations
with wide-ranging interests. These differing goals explain why victims’ rights laws and
constitutional amendments are so contradictory. Everyone agrees that victims and witnesses
should be treated better during the court process. Although enthusiasm for helping victims is
clearly growing, the willingness to pay for the necessary services is not always present.
Moreover, it is unclear how much aid victims and witnesses receive from these programs. Once
enacted, programs do not always work as intended. Victim/witness assistance programs appear to
be important first steps in providing better services to citizens who find themselves thrust into
the criminal court process, but not all agree that these programs actually benefit the victim. Some
victims do not wish to become involved. An important question is, at whose expense should
victims be compensated? Some versions emphasize protecting the rights of victims by denying
privileges and benefits to suspects, defendants, and prisoners. Other versions emphasize
improving the welfare of victims at the expense of the privileges and options enjoyed by
members of the courtroom work group (Karmen 2010).

REF: 240 OBJ: 6

8. Domestic violence laws began to change as society started to view domestic violence as
an important social issue. Discuss the impact of such changes.

ANS:
Historically, police officers made an arrest in a domestic violence situation only as a last resort.
In the late 1970s through the 1980s, however, this attitude began to change as domestic violence
can to be understood a serious social problem. As a result, there have been significant changes in
how the criminal justice system responds to domestic violence. The police have been urged to
make more arrests, and prosecutors to file charges, no matter what the wishes of the victim.
Mandatory-arrest policies clearly produce higher arrest rates (Hirschel et al. 2007).

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Whether these mandatory arrest policies are effective in reducing intimate-partner violence has
been questioned, however (Hirschel et al. 1992). Arrests, however, do not always lead to
prosecutions. Many women call the police to stop the violence but later have a change of heart
and refuse to sign a complaint. The criminalization of domestic violence has also greatly
increased the workload of the courts. In response to the growing awareness of domestic violence
as a serious social problem, many courts in the United States have created domestic violence
courts that emphasize a problem-solving approach. An evaluation of one such court found
significantly lower rates of re-arrests among defendants processed through the domestic violence
court (Gover, MacDonald, and Alpert 2003). A growing number of courts rely on batterer
programs as the mandate of choice. Legal sanctions against domestic violence are not limited to
criminal law. Victims of domestic violence may request a civil protection order. However, civil
protection orders are not self-enforcing; there is even a danger that a civil protection order may
induce a false sense of security among some women who are at risk of continued battery from a
former intimate. Conversely, some are concerned that protection orders can be abused.

REF: 232-234 OBJ: 4

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