Victim participation in sentencing and satisfaction with justice

This article reviews the issues surrounding victim participation in the criminal justice system. It then examines the extent of victims' involvement in the process and its impact on their satisfaction with justice in one midwestern county. Multiple regression reveals that satisfaction with the sentence is influenced most strongly by the victims' feelings that the sentence was fair, although offense type, victim-offender relationship, and fulfillment of victims' expectations also have some explanatory power. Analysis also reveals that victims' satisfaction with the criminal justice system as a whole is influenced first and foremost by their satisfaction with the sentence. The implications of these results for the debate concerning victim participation in the process via the victim impact statement are discussed.     

Ego Identity Status as an Indicator of Peer Court Efficacy

Peer courts are an alternative to juvenile court, intended to provide less stigmatizing and more individually responsive dispositions for first‐time and early youthful offenders. This study examined the potential usefulness of assessing ego identity status for peer courts. Mailed surveys were sent to attendees of seven Utah peer courts who had their cases reviewed between August 1998 and January 1999. Thirty‐seven percent (N = 120) responded. Chi Square analysis showed that ego identity statuses were related to drug use and previous delinquent behavior, but not recidivism. Foreclosed status youths were statistically unlikely to recidivate, use drugs, and reported fewer previous offenses.     

Why Juvenile Courts Should Address Family Violence: Promising Practices to Improve Intervention Outcomes

The prevalence of domestic violence in juvenile court cases justifies modifying our interventions to reflect this unfortunate reality. This article focuses primarily on juvenile victimization of parents and the model programs emerging in juvenile courts to address it. Part I examines family violence's prevalence in the juvenile court caseloads, despite its lack of consideration in most dispositions. Part II begins with a comparative analysis of the drug court trend and discusses the trend's applicability for specialized family violence applications in the Juvenile Court. The King County (Wash.) Juvenile Court's Step‐Up Program is introduced, which directly addresses family violence with intervention programs for youth perpetrators and abused parents, followed by the Santa Clara County (Calif.) Juvenile Court's Family Violence program, shown as a model worthy of replication. Part III details the process by which the Travis County (Texas) Juvenile Court is implementing a program similar to these models. Part IV concludes that juvenile courts must address family violence as an overt or underlying issue in many cases and must identify and address the danger to our troubled youths, whether offender or victim. I argue that the domestic violence community's treatment expertise must inform our juvenile courts' interventions with violent, often insular, families. In Travis County, we are committed to learning as much as possible about youth resilience–to identify and treat battered and battering teens to prevent the inter‐generational cycle from repeating itself while making our homes, communities, and schools safe.     

A HEAVY THUMB ON THE SCALE: THE EFFECT OF VICTIM IMPACT EVIDENCE ON CAPITAL DECISION MAKING*

The past several decades have seen the emergence of a movement in the criminal justice system that has called for a greater consideration for the rights of victims. One manifestation of this movement has been the “right” of victims or victims' families to speak to the sentencing body through what are called victim impact statements about the value of the victim and the full harm that the offender has created. Although victim impact statements have been a relatively noncontroversial part of regular criminal trials, their presence in capital cases has had a more contentious history. The U.S. Supreme Court overturned previous decisions and explicitly permitted victim impact testimony in capital cases in Payne v. Tennessee (1991) . The dissenters in that case argued that such evidence only would arouse the emotions of jurors and bias them in favor of imposing death. A body of research in behavioral economics on the “identifiable victim effect” and the “identifiable wrongdoer effect” would have supported such a view. Using a randomized controlled experiment with a death‐eligible sample of potential jurors and the videotape of an actual penalty trial in which victim impact evidence (VIE) was used, we found that these concerns about VIE are perhaps well placed. Subjects who viewed VIE testimony in the penalty phase were more likely to feel negative emotions like anger, hostility, and vengeance; were more likely to feel sympathy and empathy toward the victim; and were more likely to have favorable perceptions of the victim and victim's family as well as unfavorable perceptions of the offender. We found that these positive feelings toward the victim and family were in turn related to a heightened risk of them imposing the death penalty. We found evidence that part of the effect of VIE on the decision to impose death was mediated by emotions of sympathy and empathy. We think our findings open the door for future work to put together better the causal story that links VIE to an increased inclination to impose death as well as explore possible remedies.     

Specialized Domestic Violence Courts

Abstract

The multimethod study assesses the perceptions of specialized domestic violence courts' processes with victims' experiences as the central focus. Perceptions of the traditional courts and specialized domestic violence courts are compared among victims, courtroom police, attorneys, judges and victim advocates. Domestic violence education among attorneys, judges, and victim advocates is also compared. Despite the intended improvements with the specialized court model, victims report similar problems in both court models. Safety and victims support among respondents is mixed. Professionals from the specialized court receive no more domestic violence education than those from the general court. Victims' and courtroom police recommendations are presented.     

TREATMENT OF DELINQUENT YOUTH:

This article examines the relative influences of the juvenile probation officer's perceptions of self and work on his or her opinions of delinquency and decisions made about juveniles. Self-administered questionnaires were completed by 255 juvenile probation officers. Results indicate that the officer who is treatment-service oriented is less likely to label juvenile acts delinquent than the officer who responds to lawyer role models. Officers who make rehabilitative recommendations are less likely to label acts delinquent than those who do not. The independent variables accounted for a rural of 21.3% of the variance in the dependent variable, the officer's perception of treatment.     

Trial venue decisions in juvenile cases: Mitigating and extralegal factors matter

Purpose . This study assessed whether the characteristics of juvenile offenders and their victims affected respondents' decisions regarding whether a juvenile offender should be transferred to the adult criminal justice system. Method . Participants (N = 758) read a scenario about a juvenile accused of murder and decided whether the youth should be tried as an adult or as a juvenile. The age of the offender (11‐, 13‐ or 15‐years‐old), the sex of the offender, abuse history and victim type (neighbour or father) were varied. After indicating jurisdictional preference, participants read a series of statements (e.g. importance of punishment) and rated how important each was in their decision. Results . Significant main effects and complex interactions between defendant gender, age and abuse history were found. In general, younger defendants were more likely than older defendants to be recommended for juvenile court. Overall, juvenile offenders with a history of child abuse received less harsh verdicts. For males, a history of abuse affected decisions about trial venue and verdict both alone and in combination with other factors such as age, sex and relationship to victim. Results supported a mediational model in which extralegal and mitigating factors influenced the importance of a ‘just desserts’ orientation, which, in turn, influenced jurisdictional decisions. Conclusion . Despite a recent tendency for policymakers to pass legislation that requires more juveniles be sent to adult courts, the present study suggests that the public does not support automatic transfers to adult courts and that mitigating factors are important to their jurisdictional decisions.     

A Prospective Longitudinal Study of Teen Court's Impact on Offending Youths' Behavior

Although teen court is the fastest growing alternative processing model in juvenile justice, there has been little systematic investigation of offenders' impressions of the process and no attempt to measure changes in delinquent behavior. This study employed a prospective longitudinal design to measure several impressions of teen court using a questionnaire, and changes in self‐reported delinquency using the YSR and CBCL. Impressions of teen court did not predict compliance with the teen court sentence or lower risk of recidivism once demographic and prior delinquency were taken into account, although delinquent behavior did decrease between intake and six months for boys, who reported more delinquent behavior at intake. Interpretation of these results involves teen court's location at the soft end of juvenile justice. Implications for net‐widening and changing not‐so‐delinquent youths' behavior are central to this discussion.     

Saved By the Bell: Reclaiming Home Court Advantage for At‐Risk Youth Funneled into the School‐to‐Prison Pipeline

Far too often, minority students are faced with punitive disciplinary actions and are consequently directed to the “school‐to‐prison” pipeline. From education to discipline, implementation of policies that criminalize minor delinquent behavior pushes these students out of school and into the juvenile justice system. Traditional disciplinary actions that would land students in the principal's office have gradually transformed to students being handcuffed and thrown in jail. This Note proposes a model statute requiring states with a high criminal delinquency rate to implement school‐based youth courts in public high schools.     

Bridging the Gap Between Prosecutors' Cases and Victims' Biographies in the Criminal Justice System Through Shared Emotions

Research on victims' encounters with prosecutors suggests that victims' rights have had a limited effect on victims' satisfaction with the criminal justice system. This study examines the victim‐prosecutor relationship with a focus on people who have lost a loved one to murder. The emotional tone dimension of Carol Heimer's case versus biography analysis proves helpful for explaining the gaps between prosecutors' responsibilities and victims' expectations. The data come from in‐depth interviews with thirty‐five participants, including twenty victims, three crime victims' advocates, and twelve criminal court professionals in Union County (pseudonym). The findings indicate that shared emotions (e.g., sadness, anger) represent a key mechanism for (1) connecting victims to prosecutors (and individuals to organizations) and (2) improving victims' experiences with the criminal justice system. Although victims' rights do not guarantee the opportunity for shared emotions, prosecutors often honored victims' desire for a close relationship and considered their input on case decisions.     

The role of victim characteristics in the disposition of murder cases

Using data from prosecutors' files in a sample of 33 U.S. counties, we examine how victims' conduct and victims' demographic characteristics affect the disposition of murder cases at various stages of the criminal justice process. We find that victims' age and past conduct do not significantly influence legal outcomes in murder cases, but their race, gender, and conduct at the time of the incident do so. Although these effects vary across the criminal justice decision-making stages considered, they generally are consistent with the claim that killings of disreputable or stigmatized victims tend to be treated more leniently. We also find some evidence that the effects of victim characteristics are stronger in jury proceedings than in bench proceedings, and that the influence of a victim's race on the disposition of murder cases is conditioned by the racial composition of the county in which the case is processed.     

Proportionality in Sentencing and the Restorative Justice Paradigm: ‘Just Deserts’ for Victims and Defendants Alike?

The doctrine of proportionality seeks to limit arbitrary and capricious punishment in order to ensure that offenders are punished according to their ‘just desert’. In Australian sentencing law, proportionality goes some way toward achieving this ‘balanced’ approach by requiring a court to consider various and often competing interests in formulating a sentence commensurate with offence seriousness and offender culpability. Modification of sentencing law by the introduction of victim impact statements or the requirement that sentencing courts take explicit account of the harm done to the victim and community has generated debate, however, as to the extent to which offenders may be now subject to unjustified, harsher punishments. This article proposes that in order to overcome the controversy of the modification of offender and victim rights in sentencing, sentencing courts adhere to a doctrine of proportionality that is explicitly sensitive to the needs of victims and offenders in a model of restorative justice that focuses on the consequences of crime as against the individual, rather than the state. The extent to which proportionality, as the current constitutive principle of Australian sentencing law, may be modified to better encourage a dialogue between victim and offender is discussed.     

Impact of the Young Offenders Act on Dispositions in the Juvenile Justice System of Canada

Following implementation of the Young Offenders Act (YOA) in April 1984, it was believed that a shift had occurred from an emphasis on rehabilitation and indeterminate sentences under the Juvenile Delinquents Act (JDA) to an emphasis on punishment and determinate sentences under the new legislation, and a subsequent increase in frequency and length of custodial dispositions. Research studies suggest that, while the number of youths charged and the number sentenced to probation has remained the same, committals to custody and average length of detention have increased. Furthermore, victim reconciliation and community service orders are being used more often as dispositions under the YOA, consistent with the principle of accountability of young offenders.

The present study attempts to determine the impact of the YOA on judicial dispositions for 13 to 15 year old young offenders at the Provincial Court (Family Division), Frontenac County, by attempting to control for the nature of the cases and the type of individual brought before the courts. The hypothesis examined is that the YOA has not caused a change in youth court dispositions.

Differences were, in fact, found between dispositions used and it was shown by matching youths under each Act on age, sex, offence, and previous history, that similar youths do not necessarily receive the same dispositions; the probability of receiving a more severe form of disposition is greater for youths under the YOA than for youths with similar background characteristics and current offence under the JDA. Individuals who are given a particular disposition under the JDA and the YOA were also found to differ in terms of background characteristics. A number of reasons for the discovery of a change in dispositions are discussed.     

Family courts

Family courts are increasingly accepted as altermatives to juvenile courts. Arguments for the establishment of these courts rests on the assumption that a consolidated jurisdiction looking beyond any particular offense to the best interests of a family can better coordinate services and devise creative dispositions. This paper questions whether this movement may not be underestimating the inherent, difficult problems associated with any attempt to regulate family dynamics legally. Theoretical and organizational impediments to the family courts movement are examined. Conclusions are drawn about potentially fruitful roles for family courts to pursue in order to avoid later claims of misdirected idealism.     

Individualization,criminalization, or problem resolution: A factorial survey of juvenile court judges' decisions to incarcerate youthful felony offenders

Existing research on the criteria used by juvenile court judges in choosing dispositions is limited in two respects. First, the predictor variables included in most investigations have been limited either in number or in the quality of their measurement. Second, research has not focused on sentencing decisions for serious offenders. Using a factorial survey of juvenile court judges, the present study seeks to determine what factors shape disposition decisions for juvenile felony offenders. The results suggest that judges focus primarily on offense characteristics, and are influenced only marginally by the offender's social characteristics. These findings are more consistent with the view that juvenile courts are becoming “criminalized” than with the view that individualized treatment is the goal. An alternative interpretation—that judges may be problem solvers, trying to dispose of cases efficiently—also is proposed.     

SOME MISLEADING CONCEPTIONS IN SENTENCING RESEARCH

Most studies of sentencing practices in both adult and juvenile courts have compared the relative power to predict dispositions of “legal” variables, such as the seriousness of offense and previous arrest record, and “extralegal” variables, such as race and social class. It is suggested that this is a misleading model for research on the decision-making process in juvenile courts. Instead, results presented here indicate that the juvenile court uses a model of substantive decision-making oriented toward the character and social environment of offenders. Social background variables are found to be more important determinants of disposition than either “legal” or “extralegal” variables.     

Another permanency perspective:Family Drug Court

Because a staggering percentage of criminal court caseloads are intrinsically related to drug or alcohol abuse, general jurisdiction courts with rehabilitative “Drug Court” programs have experienced notable success. A similarly large number of juvenile and family court cases also involve substance abuse. The establishment of a “Family Drug Court” is allowing parents involved in abuse and neglect litigation to benefit from the juvenile justice system's social service mode of rehabilitation.     

Early Childhood Trauma Impact on Adolescent Brain Development,Decision Making Abilities,and Delinquent Behaviors: Policy Implications for Juveniles Tried in Adult Court Systems

By examining previous literature on the brain’s developmental process during adolescence, this paper aims to determine how early childhood trauma potentially effects decision making in adolescence through exploring self-regulation theory. Through a self-regulation framework, the hope is to determine the connection, if any, between early childhood trauma, delinquent behavior, and involvement in the juvenile justice system. The author insists that not only do adolescents have less culpability due to their brain developmental stage compared to adults, but also early childhood trauma puts adolescents at a greater risk of impaired self-regulation which allows for more probable delinquent behavior. This paper also considers implications for social policy makers and youth advocates concerned with juvenile offenders tried in adult courts and existing racial disparities in the system.     

Female Delinquents: the Effect of Offense Characteristics on Adult Criminal Careers in the 1958 Philadelphia Birth Cohort

This paper uses the official juvenile offenses among delinquent girls in the 1958 Philadelphia Birth Cohort to investigate the two overarching questions. This research investigates the nature of delinquency conduct, offense-by-offense, and its relationship to adult crime status. Although it is convenient to think of an offender’s delinquency career as a whole, such a career actually consists of one or more specific offenses, and offense conduct can be worth studying in its own right. Thus, it is necessary to determine whether the timing, type, severity, court disposition, and so on, of these juvenile offenses can be used to predict adult career pathways. An extensive review of the literature revealed that investigations of early offense conduct and its connection to adult crime are exceedingly scarce. This study indicates as follows. First, the way a delinquent begins her criminal career is predictive of the adult trajectory that will be followed. Second, we also found that aspects of the first few offenses doe influence whether delinquent girls do continue committing crimes as adult. The strongest predictor of adult crime status was juvenile court dispositions.     

Stalking in the Context of Domestic Violence

Abstract

This article examines the effect of criminal justice intervention in domestic violence on stalking in that relationship. Almost two hundred female victims of misdemeanor domestic violence in three jurisdictions were interviewed three times after their cases had closed. Qualitative interviews were conducted with a subsample of 21 victims who had experience with stalking. Specific court outcomes in domestic violence cases and whether or not the victim cooperated with the prosecution do not impact whether or not a domestic violence victim experiences subsequent stalking. Women who experienced stalking in addition to domestic violence were more likely to use the system in the future than women who just experienced domestic violence. The qualitative interviews revealed additional findings regarding victims' opinions of the criminal justice response to stalking in the context of domestic violence.