CJ 141
Victims and Society
Questions to consider for second in-class writing exercise
Date of in-class writing exercise: 12/10
Date of last update: 12/3/99
The second, in-class writing exercise will draw on one or more
questions that you see here.
What is the area within the criminal justice system where we most need to make changes that will benefit victims? Describe specific changes within this sector and tell me why they are needed?
How serious a problem is victim and witness intimidation? What evidence convinces you it is serious? Of the steps that are being taken to reduce this intimidation, which do you think are the most helpful?
In what ways do the goals of female victims who get protection orders against their abusers, and the criminal justice system, come into conflict when we look at processes related to protection orders?
Why do women drop protection orders?
How effective are protection orders? Be specific.
Discuss at least TWO of the recent federal legislative initiatives to improve the rights of victims. For each, indicate when it was passed, and what specific improvements it made.
Argue either for or against the following statement: We need a constitutional amendment for victims' rights. Use at least two specific pieces of evidence in your argument. I don't care which way you argue, just be specific. (Very high likelihood you will see this question or question 15.)
Looking at the suggested procedures that law enforcement should follow to improve the situation of victims (NEW DIRECTIONS IN THE FIELD, Chapter 2, last two pages entitled "Polices Protocols and Procedures"), identify one that you think is the most important to be implemented, and tell me why.
Realistically, are there specific ways that victim input to prosecutors at the case screening stage, including potential decisions about plea bargaining, can be increased? If so, name one. What are the obstacles to both a) being sure that this input is delivered and b) ensuring that it has an impact? Or, to state b) differently: what are the opposing interests here?
In chapter 4 of NEW DIRECTIONS FROM THE FIELD, the writers suggest that judges can play leading roles in ensuring that victims' rights are implemented in criminal justice processing. Being sure to mention at least one specific suggestion made by the authors, identify obstacles to such a proposal.
You watched a video on restitution, and read about it in Karmen. Given this information, specify as clearly and precisely as you can the particular types of offenders, victims, and cases for which restitution as a condition of the sentence delivered is most appropriate.
We have spent a fair amount of time talking about victim compensation, and you have read about it in Karmen and NEW DIRECTIONS (Ch. 14). Given what you understand about the variations in victim compensation, and the current processes for getting compensated, identify ONE single improvement in compensation that you think is strongly needed. Tell me WHY you think it is needed, and as specifically as you can how you will implement it. Your suggestion may be one of those in Ch. 14 of NEW DIRECTIONS.
Summarize as best you can the ways that the rights of victims for compensation appear to be IMPLEMENTED in an inequitable fashion. Be specific. How would you propose specifically to reduce those inequities?
Given what you have read in Karmen, and what we (hopefully) have talked about in class on 12/6, discuss the advantages AND limitations of either mediation or neighborhood justice centers. (If we do not get to this material, you will not be asked this question.)
Those advocating more victims' rights say the criminal justice system has tilted too far in favor of offenders' rights, and a re-balancing is needed. Given what you understand about how the criminal justice system operates, describe at least two of the political or organizational or economic or legal factors that work AGAINST such a re-balancing. (Very high likelihood you will see this question or question 7.)