Understanding Criminal Victimizaton
Criminal victimization refers to a person being the victim of a violent crime (rape or sexual assault, murder, robbery, aggravated or simple assault) or a property crime (burglary and theft).
In order to have a better understanding of the aftermath of criminal victimization, we must begin to accept the reality that crime is random, senseless and can happen to anyone regardless of the precautions that are taken to prevent being victimized. We must also understand that a victim's life is turned upside down when he or she becomes a victim of crime. Anyone can become a victim of a crime. If it happens to you or someone you love, here are some important points to remember:
Being a victim of a crime can be a very difficult and stressful experience. While most people are naturally resilient and over time will find ways to cope and adjust, there can be a wide range of aftereffects to a trauma. Crime victims suffer a tremendous amount of physical and psychological trauma. The primary injuries victims suffer can be grouped into three distinct categories: physical, financial and emotional. One person may experience many of the effects, a few, or none at all. Not everyone has the same reaction. In some people the reaction may be delayed by days, weeks, or even months. Some victims may think they are “going crazy,” when they are having a normal reaction to an abnormal event.
Getting back to normal can be a difficult process after a personal experience of this kind, especially for victims of violent crime and families of murder victims. Learning to understand and feel more at ease with the intense feelings can help victims better cope with what happened.
Tips for Coping
These are some ideas that may help you cope with the trauma or loss:
In order to have a better understanding of the aftermath of criminal victimization, we must begin to accept the reality that crime is random, senseless and can happen to anyone regardless of the precautions that are taken to prevent being victimized. We must also understand that a victim's life is turned upside down when he or she becomes a victim of crime. Anyone can become a victim of a crime. If it happens to you or someone you love, here are some important points to remember:
Being a victim of a crime can be a very difficult and stressful experience. While most people are naturally resilient and over time will find ways to cope and adjust, there can be a wide range of aftereffects to a trauma. Crime victims suffer a tremendous amount of physical and psychological trauma. The primary injuries victims suffer can be grouped into three distinct categories: physical, financial and emotional. One person may experience many of the effects, a few, or none at all. Not everyone has the same reaction. In some people the reaction may be delayed by days, weeks, or even months. Some victims may think they are “going crazy,” when they are having a normal reaction to an abnormal event.
Getting back to normal can be a difficult process after a personal experience of this kind, especially for victims of violent crime and families of murder victims. Learning to understand and feel more at ease with the intense feelings can help victims better cope with what happened.
Tips for Coping
These are some ideas that may help you cope with the trauma or loss:
- Find someone to talk with about how you feel and what you are going through. Keep the phone number of a good friend nearby to call when you feel overwhelmed or panicked.
- Allow yourself to feel pain. It will not last forever.
- Spend time with others but make time to spend time alone.
- Take care of your mind and body. Rest, sleep, and eat regular, healthy meals.
- Re-establish a normal routine as soon as possible, but don't over-do.
- Make daily decisions, which will help to bring back a feeling of control over your life. Exercise, though not excessively and alternate with periods of relaxation.
- Undertake daily tasks with care. Accidents are more likely to happen after severe stress.
- Recall the things that helped you cope during trying times and loss in the past and think about the things that give you hope and turn to them on bad days.
- Reach out to a therapist who specializes in trauma or PTSD. Your mental health is most important when dealing with a traumatic event.
The Secondary Type of Victimizaton Is Re-victimization
Re-victimization is related to severity as it can worsen an already difficult situation. Basically, this happens when the victim comes into contact with professionals and paraprofessionals and is further traumatized by their responses. This can happen through retelling the victim’s story, being treated unfairly, or experiencing other behaviors that make him or her feel as though people aren’t listening or don’t believe the story. Negative experiences with professionals can increase post-traumatic stress symptoms and decrease the likelihood of reporting a crime.
If victims are to recover from the traumatic event, it is crucial that they are provided with the proper support during the initial impact stage and throughout the criminal justice process. Immediate crisis intervention is needed. Properly trained individuals such as first responders, law enforcement and paraprofessional should inquire about the victim's welfare by asking if they feel safe, assuring victims that they are safe if that is true, and determining if they are in need of medical attention. Victims will often blame themselves for the crime. The first responder needs to assure the victim that they were not at fault. If these initial and crucial steps are missing, the trauma can have long-term effects on the healing and recovery process.
Most crime victims need help understanding and navigating the courts and criminal justice system while their case is being investigated and resolved. It is very important for victims that the crime is well investigated, and the verdict is just. It is often that families who do their utmost to reach verdict for the perpetrator, end up waiting for months or even years for a verdict. The primary importance should be focused on protection and promotion of victims’ rights during this criminal process. Feeling safe is one of the basic psychological needs and one of the basic citizen’s rights.
Poor communication and utter disregard for the victim's feelings and or rights, are just a few examples of how a victim can be re-victimized during a court proceeding. Here are just a few examples of re-victimization in a real court setting. During a murder trial, the victim's mother (who is also a victim) was informed by the judge that t-shirts designed to honor the deceased would not be allowed in the courtroom. The mother was not informed of this decision before the trial began and was asked to turn the t-shirt inside out or remain outside the courtroom. Another example in the same murder case was when the victim's mother was able to present a victim's impact statement before sentencing. It is important to know that her letter was submitted as part of the court file before she read her statement. She proceeded to read her impact statement and halfway through the statement the defense objected one of her written read comments. This victim waited 26 years for justice and was appalled and angered by the fact the defense felt it was necessary to re-victimize her after the jury had come to the unanimous decision of guilty in the first degree. The judge after a few brief minutes did overrule the objection and advised the defense that the victim has to right to speak. These examples of re-victimization could have been avoided if there was clear communication with the victim and the rights of this victim were upheld by all parties within the court proceedings, which included the defense lawyer.
Participation in the criminal justice system can aid victims in rebuilding their lives. If victims are kept well-informed about the criminal proceedings and feel that they have a "voice" in the process, they will feel that they are a part of a team effort. This added effort enables victims to understand the judicial process and helps to return to them a sense of control to their lives and circumstances.
If victims are to recover from the traumatic event, it is crucial that they are provided with the proper support during the initial impact stage and throughout the criminal justice process. Immediate crisis intervention is needed. Properly trained individuals such as first responders, law enforcement and paraprofessional should inquire about the victim's welfare by asking if they feel safe, assuring victims that they are safe if that is true, and determining if they are in need of medical attention. Victims will often blame themselves for the crime. The first responder needs to assure the victim that they were not at fault. If these initial and crucial steps are missing, the trauma can have long-term effects on the healing and recovery process.
Most crime victims need help understanding and navigating the courts and criminal justice system while their case is being investigated and resolved. It is very important for victims that the crime is well investigated, and the verdict is just. It is often that families who do their utmost to reach verdict for the perpetrator, end up waiting for months or even years for a verdict. The primary importance should be focused on protection and promotion of victims’ rights during this criminal process. Feeling safe is one of the basic psychological needs and one of the basic citizen’s rights.
Poor communication and utter disregard for the victim's feelings and or rights, are just a few examples of how a victim can be re-victimized during a court proceeding. Here are just a few examples of re-victimization in a real court setting. During a murder trial, the victim's mother (who is also a victim) was informed by the judge that t-shirts designed to honor the deceased would not be allowed in the courtroom. The mother was not informed of this decision before the trial began and was asked to turn the t-shirt inside out or remain outside the courtroom. Another example in the same murder case was when the victim's mother was able to present a victim's impact statement before sentencing. It is important to know that her letter was submitted as part of the court file before she read her statement. She proceeded to read her impact statement and halfway through the statement the defense objected one of her written read comments. This victim waited 26 years for justice and was appalled and angered by the fact the defense felt it was necessary to re-victimize her after the jury had come to the unanimous decision of guilty in the first degree. The judge after a few brief minutes did overrule the objection and advised the defense that the victim has to right to speak. These examples of re-victimization could have been avoided if there was clear communication with the victim and the rights of this victim were upheld by all parties within the court proceedings, which included the defense lawyer.
Participation in the criminal justice system can aid victims in rebuilding their lives. If victims are kept well-informed about the criminal proceedings and feel that they have a "voice" in the process, they will feel that they are a part of a team effort. This added effort enables victims to understand the judicial process and helps to return to them a sense of control to their lives and circumstances.
VICTIM CARE CARD ******** PLACE YOUR ORDER TODAY ********
The Victim Care Card is available to all law enforcement, EMTs, Social Services and all other organizations that assist victims of crime. Due to the extreme importance of this card being in the hands of every victim, there will be no cost to you or your organization. With the help of grants and other financial support we will be able to provide service providers and first responders the opportunity to help every crime victim with a Victim Care Card. We can also customize the back of the card with your information (see back of card below) Submit your order request TODAY!
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Steps of The Criminal Justice System
Arrest
An arrest is made by the Police/Sheriff Department or a citation to appear in Court is issued. A report by the arresting officer is sent to the County Attorney's Office. The County Attorney evaluates the facts, circumstances and evidence in the case and determines if charges are to be filed. If you have sustained damages, medical bills, lost wages, etc., submit the amount of your losses, along with proof of payment or billing statements, as soon as possible to the Victim Witness Program. Make sure to identify who the defendant is so they can be submitted to the proper case.
Initial Appearance
Persons held in custody must be taken before the Judge within 24 hours of arrest. The Initial Appearance assures that the individual was properly charged, that the Complaint and Affidavit on file is correct, that an Attorney is appointed for the defendant (if necessary) and that a date is set for the preliminary hearing. If the bail amount was not set in the arrest warrant, it is set at this time.
Preliminary Hearing or Trial Information
The purpose of the Preliminary Hearing is to determine whether there is sufficient evidence to justify holding the defendant. The State presents evidence showing the defendant probably committed the crime. However, the Preliminary Hearing almost never happens because the same purpose is fulfilled by the filing of the Trial Information (formal charge against the defendant).
Arraignment
The Arraignment is the formal accusation of the defendant where a plea of guilty or not guilty is entered. The defendant does not need to be present if a written arraignment is filed on their behalf by their Attorney.
Pleas
The majority of the time the defendant will plead not guilty at arraignment and the Judge will then set a trial date. A defendant may change the plea to guilty at any time. Most defendants eventually choose to plead guilty.
Discovery of Evidence
The Defense Attorney has a right to "discover" the State's evidence in the case. However, defendants do not have to tell the prosecutor anything about their defense unless the defendant gives a deposition. Discovery can include viewing evidentiary documents and taking depositions (interviews under oath) of the State's witnesses. The defendant has a right to a speedy trial (right to have the case tried within 90 days of the filing of the trial information). Victims and witnesses will be contacted, or may receive a subpoena, if the defense wishes to take their depositions. You may request from the Victim Witness Program information on how to testify simply by calling and scheduling an appointment with the Victim Witness Coordinator or a Volunteer of the program. If you need transportation, the Victim Witness Program will assist you.
Jury Selection
A group of people are chosen at random from public lists, such as voter registration lists. From this original group, twelve are chosen to serve. The County Attorney and the Defense Counsel choose the make-up of the Jury. Victims and witnesses are not allowed in the courtroom at this procedure or until after they testify.
Trial
Once the Jury has been chosen and sworn in, the trial proceeds. Here again, not all trials proceed in the same manner. The Victim Witness Program will prepare you for trial and accompany you to trial. Once a criminal case has been filed and you are a victim/witness, you have a legal obligation to appear and testify. If you do not have transportation, the Victim Witness Program will assist you.
A trial usually consists of the following steps:
Opening Statements (State's and then the Defense's)
State's Witnesses and Evidence
Defense Witnesses and Evidence
Closing Arguments
Court's Instructions to the Jury
Jury's Deliberation (decision)
Jury's Verdict
1. Hung Jury (cannot come to a unanimous verdict)
2. Not Guilty
3. Guilty
Pre-Sentence Investigation
After the plea or verdict of guilty, the offender may be referred by the Judge to a probation officer who interviews the offender to determine his special problems, such as drugs/alcohol or a psychological evaluation. The officer then submits a report to the Judge with recommendations regarding sentencing of the offender. This is when victims have the right to Complete a Victim Impact Statement. This document allows you to express your views about the case to the Sentencing Judge.
Sentencing
Victims and witnesses have the right to attend the Sentencing Hearing. Sentencing usually takes place two to six weeks after a plea or verdict of guilty. All crimes are classified in degrees of either a "felony" or misdemeanor." The most common types of sentences imposed are:
1. Entry of Conviction and Imposition of sentence --- defendant must serve the sentence that the Judge imposes.
2. Entry of Conviction and Suspended sentence --- Judge pronounces sentence and then suspends all or part of it. If the defendant then successfully completes a period of probation, he/she will not have to serve the remainder of the sentence.
3. Deferred Judgment-- Judge does not pronounce a sentence and instead places the defendant on probation. If the defendant successfully completes a term of probation, the crime will not count against the defendant on his/her criminal record.
Probation
Probation provides control, supervision and rehabilitation for defendants. The defendant must report to a probation officer regularly and must follow specific rules and conditions of the Probation. Probation also gives the defendant a chance to make restitution more quickly if any damages were suffered by the victim of the crime.
Parole
If the criminal is incarcerated in a state facility, the corrections authorities acquire jurisdiction over the prisoner. However, the Judge can reconsider a sentence of incarceration within 30 days (misdemeanors) or within 90 days (felonies). After that period has elapsed, the corrections authorities can set a date of release at their discretion within the minimum and maximum limits set by the legislature. Victims are allowed input into the parole hearings. Victims may present information to the board by written statements or personal interview. Victims may also attend the scheduled parole hearings in person and will be afforded the opportunity to give testimony.
An arrest is made by the Police/Sheriff Department or a citation to appear in Court is issued. A report by the arresting officer is sent to the County Attorney's Office. The County Attorney evaluates the facts, circumstances and evidence in the case and determines if charges are to be filed. If you have sustained damages, medical bills, lost wages, etc., submit the amount of your losses, along with proof of payment or billing statements, as soon as possible to the Victim Witness Program. Make sure to identify who the defendant is so they can be submitted to the proper case.
Initial Appearance
Persons held in custody must be taken before the Judge within 24 hours of arrest. The Initial Appearance assures that the individual was properly charged, that the Complaint and Affidavit on file is correct, that an Attorney is appointed for the defendant (if necessary) and that a date is set for the preliminary hearing. If the bail amount was not set in the arrest warrant, it is set at this time.
Preliminary Hearing or Trial Information
The purpose of the Preliminary Hearing is to determine whether there is sufficient evidence to justify holding the defendant. The State presents evidence showing the defendant probably committed the crime. However, the Preliminary Hearing almost never happens because the same purpose is fulfilled by the filing of the Trial Information (formal charge against the defendant).
Arraignment
The Arraignment is the formal accusation of the defendant where a plea of guilty or not guilty is entered. The defendant does not need to be present if a written arraignment is filed on their behalf by their Attorney.
Pleas
The majority of the time the defendant will plead not guilty at arraignment and the Judge will then set a trial date. A defendant may change the plea to guilty at any time. Most defendants eventually choose to plead guilty.
Discovery of Evidence
The Defense Attorney has a right to "discover" the State's evidence in the case. However, defendants do not have to tell the prosecutor anything about their defense unless the defendant gives a deposition. Discovery can include viewing evidentiary documents and taking depositions (interviews under oath) of the State's witnesses. The defendant has a right to a speedy trial (right to have the case tried within 90 days of the filing of the trial information). Victims and witnesses will be contacted, or may receive a subpoena, if the defense wishes to take their depositions. You may request from the Victim Witness Program information on how to testify simply by calling and scheduling an appointment with the Victim Witness Coordinator or a Volunteer of the program. If you need transportation, the Victim Witness Program will assist you.
Jury Selection
A group of people are chosen at random from public lists, such as voter registration lists. From this original group, twelve are chosen to serve. The County Attorney and the Defense Counsel choose the make-up of the Jury. Victims and witnesses are not allowed in the courtroom at this procedure or until after they testify.
Trial
Once the Jury has been chosen and sworn in, the trial proceeds. Here again, not all trials proceed in the same manner. The Victim Witness Program will prepare you for trial and accompany you to trial. Once a criminal case has been filed and you are a victim/witness, you have a legal obligation to appear and testify. If you do not have transportation, the Victim Witness Program will assist you.
A trial usually consists of the following steps:
Opening Statements (State's and then the Defense's)
State's Witnesses and Evidence
Defense Witnesses and Evidence
Closing Arguments
Court's Instructions to the Jury
Jury's Deliberation (decision)
Jury's Verdict
1. Hung Jury (cannot come to a unanimous verdict)
2. Not Guilty
3. Guilty
Pre-Sentence Investigation
After the plea or verdict of guilty, the offender may be referred by the Judge to a probation officer who interviews the offender to determine his special problems, such as drugs/alcohol or a psychological evaluation. The officer then submits a report to the Judge with recommendations regarding sentencing of the offender. This is when victims have the right to Complete a Victim Impact Statement. This document allows you to express your views about the case to the Sentencing Judge.
Sentencing
Victims and witnesses have the right to attend the Sentencing Hearing. Sentencing usually takes place two to six weeks after a plea or verdict of guilty. All crimes are classified in degrees of either a "felony" or misdemeanor." The most common types of sentences imposed are:
1. Entry of Conviction and Imposition of sentence --- defendant must serve the sentence that the Judge imposes.
2. Entry of Conviction and Suspended sentence --- Judge pronounces sentence and then suspends all or part of it. If the defendant then successfully completes a period of probation, he/she will not have to serve the remainder of the sentence.
3. Deferred Judgment-- Judge does not pronounce a sentence and instead places the defendant on probation. If the defendant successfully completes a term of probation, the crime will not count against the defendant on his/her criminal record.
Probation
Probation provides control, supervision and rehabilitation for defendants. The defendant must report to a probation officer regularly and must follow specific rules and conditions of the Probation. Probation also gives the defendant a chance to make restitution more quickly if any damages were suffered by the victim of the crime.
Parole
If the criminal is incarcerated in a state facility, the corrections authorities acquire jurisdiction over the prisoner. However, the Judge can reconsider a sentence of incarceration within 30 days (misdemeanors) or within 90 days (felonies). After that period has elapsed, the corrections authorities can set a date of release at their discretion within the minimum and maximum limits set by the legislature. Victims are allowed input into the parole hearings. Victims may present information to the board by written statements or personal interview. Victims may also attend the scheduled parole hearings in person and will be afforded the opportunity to give testimony.
Service Providers & Allied Professionals - Training Resources
Criminals are read their Miranda rights by law enforcement when they are arrested. True justice requires respecting those rights. But does the average crime victim even know what their rights are?
As a crime victim, they already have a heavy burden to bear. Victims’ rights are in place to protect them during a vulnerable and scary time in their life. When victims’ rights are abused during the criminal justice process, it can make the entire experience even worse for the crime victim.
Law enforcement is typically the first point of contact for crime victims. In a domestic violence case, the officers decided to send the accused back home, the victim's rights may have been abused. A crime victim has the right to reasonable protection and unfortunately, the criminal justice system sometimes fails to keep victims safe. Even if the victim is provided with adequate protection, victims’ rights demand that a crime victim be treated with fairness and with respect for their dignity and privacy. Law enforcement that fails to provide this consideration may be violating those rights. Those working in the criminal justice field should have training and sensitivity in protecting crime victims, both physically and emotionally.
As a crime victim, they already have a heavy burden to bear. Victims’ rights are in place to protect them during a vulnerable and scary time in their life. When victims’ rights are abused during the criminal justice process, it can make the entire experience even worse for the crime victim.
Law enforcement is typically the first point of contact for crime victims. In a domestic violence case, the officers decided to send the accused back home, the victim's rights may have been abused. A crime victim has the right to reasonable protection and unfortunately, the criminal justice system sometimes fails to keep victims safe. Even if the victim is provided with adequate protection, victims’ rights demand that a crime victim be treated with fairness and with respect for their dignity and privacy. Law enforcement that fails to provide this consideration may be violating those rights. Those working in the criminal justice field should have training and sensitivity in protecting crime victims, both physically and emotionally.
Click below for Service Provider Recourses: