There are many reasons victims do no want to testify in court. Legal cynicism and witness intimidation are a couple of the top reasons. One reason I feel is overlooked is witness intimidation. Witness Intimidation is when threats are made by defendants to discourage victims or witnesses of a crime from reporting or testifying. (Connick and Davis 439) If a victim feels threatened, they often become hesitant to testify sometimes even to report the crime. With the right incentives, victims and witnesses would be more likely to participate in the process of testifying against a defendant.
Witness intimidation happens in many forms, such as: looks, threats of violence, physical violence, property damage, etc. “If you commit a crime, you will
…show more content…
These programs are still new in the eyes of the justice system. “Victims and witnesses receiving help were more likely to appear when summoned than those who had not been aided.” (Neubauer and Fradella 236) Victims who are testifying against a defendant are authorized to receive protection, whether inside or outside of court.
There are services provided to protect the victims or witnesses. When waiting in the courtroom, they are entitled to a special waiting room, away and out of sight from the defendant and the defendant’s friends and family. By separating the defendant from the victims and witnesses, it lessens the change of intimidation within the courtroom. Even victims and witnesses that are incarcerated have the option and availability to be separated from others to keep them safe. By separating from certain groups, gangs are not able to finish hits on a victim or witness.
Another way to keep a victim or witness in testifying is ensuring that everyone coming in and out of the courthouse will be on video surveillance. By taping everyone coming into the courthouse, hopefully it would discourage any intimidation within the courthouse. Also by having surveillance, it would give the victims and witnesses a sense of security, knowing that anybody coming near them in the courthouse is on camera.
One program to motivate victims to participate in testifying helps with compensating the victims or witnesses. During the process of the trial and even before when
Prosecutors normally meet witnesses at a relatively early stage in the proceedings to discuss special measures and related issues. The witness’s overall subjective experience of participating in criminal proceedings might thereby be enhanced.
There are many parts of the courtroom and the process of convicting a criminal. The courtroom work group has a major role in convicting and finalizing a case. In the courtroom work group, there are three groups of people that hold the entire courtroom together. Without the work group, the courtroom would not flow, and coming to a conclusion to the case would not be as easy. The work group is made up of the Judge, the Defense Counsel and the Prosecution. They work together to reach a result, in the case by staying in contact on a daily basis. There are many roles in the work group, and if they are not all followed through with then the results could be different than what they should be. In this paper, we will
". . . the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." —Chief Justice Earl Warren, speaking for the majority.
e Report, for Resource Utilisation, Witness Accuracy and Psychological Methods for Detection and Successful Prosecution.
During my two days attending youth court I was in two separate courtrooms. The lay out of these courtrooms was fairly simple. There is a sitting area in each courtroom where individuals can be seated. The individuals seated in this area consisted of the accused parties, witnesses, family of the victims, offenders and general members of the public. There are two stands, one for the defense counsel and one for the crown attorneys. Each side also has a stand for possible accused
When prosecuting criminal domestic violence cases too many officers constructed their entire case only on statements made by the victim. However, “victims of domestic violence are more likely than victims of other violent crime to recant or refuse to cooperate in prosecutorial efforts” (Breitenbach, 2008, p. 1256). Officers must consider that victims of domestic violence may refuse to testify because of fear of retaliation, intimidation, financial dependence, emotional attachment, and/or because they reunited with the batterer. If the victim refused to testify during court, their statement against the abuser becomes hearsay evidence. Several recent cases have had a huge influence on how those statements and hearsay evidence may be
In America we have an Adversary System of Justice, which means that criminal trials proceed under the adversary theory of justice to arrive at the truth in a given case. One characteristic of this system is intensive cross-examination of both defense and prosecution witnesses. In a jury trial, it is for the jury, which observes these witnesses, to weigh the evidence and make the ultimate decision in every case—guilty or not guilty. However, not every case makes it to trial in fact, about 80% of defendants plead guilty allowing them to just be sentenced and not have to go through the whole process of a trial. Other cases are dropped, or dismissed if the prosecutor, or in some cases a grand jury, feels that there is insufficient evidence to carry on. Some defendants are sent to diversion programs, these individuals are often sent here because an official involved in the case believes that there is a better way to deal with a defendant than to prosecute them.
In a criminal investigation case, a victim is usually seeking justice for an offence against them personally. Victims can
Turning to the case of Guy Paul Morin, one will see that the witness account played a great deal in the conviction of Morin. Mr. X falsely testified against Morin because he did not like Morin. The crown also used evidence from undercover officers where statements of Morin were recorded on a 60 minute tape recorder, which the officers believed to be 90 minutes. This made the case interesting because the crown used this instance for saying that Morin confessed to the crime after 60 minutes. This showed false accusation that was made both by the police officers and crown attorneys.
Eyewitness misidentification can pose a serious threat in forensic evidence. Eye witness testimony can easily be tampered with due to words or phrases used. Bias is a major issue in identification especially if the police officer uses suggestive tones to portray whom they believe is the suspect. Some witnesses will change their opinion when they hear new information of the suspect. A study has shown that words can play a major impact in the witness' mind and cause them to recall false information. False information can also stem from human memory, age, distance, and how long it took before a witness could recall the information. It has been shown that due to the confidence that a witness may have, it could impact the court systems' reliability on the witness; however, there are several solutions that can be done to prevent misidentification in the court of law. Some examples that can be done are blind administration, lineup composition, instructions, confidence statements, and
The courtroom is a vital part of the criminal justice system, and a major role in the judicial branch of our government. In the courtroom there are specified roles given to certain people that allow them to to actively engage in the system and get it to work efficiently and properly so that justice is served. The major roles of the courtroom work group are: Police officer, prosecutor, defense attorney, judge, defendant, victim, bailiff, court reporter, and the jury. In this essay I will describe in depth the responsibilities of each of these important courtroom characters.
During this documentary, the viewers get an inside look at how criminal proceedings work. In the courtroom, the most important players are the prosecution, defense, and judge. The judge is in the room to make sure the proceeding runs smoothly and to settle any arguments that arise. The prosecution is there to accuse the defendant for whatever crime he or she has been convicted of. The defense is there to defend the person being convicted of the crime. There is also a bailiff who is there to oversee the court and make sure everyone there is safe. The bailiff will bring evidence form the defense or prosecution to the judge, as nobody is to approach the bench without the judge calling attorneys to the
In the United States, the adversarial system of justice relies on ensuring a criminal defendant receives a fair trial. The sixth amendment gives defendants the right to legal representation in criminal trials even if they cannot afford one themselves. Each city and county in the United States ensures a defendant the right to counsel. There are different ways cities and counties across the United States provide representation for indigent defendants. One such approach to indigent defense is public defender programs and is a popular system used by many states today. Public defender programs have been around since the 1900’s but gained popularity throughout the years due to the many indigent defense cases.
Before the victims movement, victims were ignored in most court systems by the professionals who process criminal cases. Victims were often seen as inconvenient. The victims rights movement has changed this unfair treatment. As time passed prosecutors’ offices in the most jurisdictions spend greater time than they did in the past giving notice to victims and consulting with them about decisions made in their case. The staff of the prosecutors offices and court systems have a responsibility of shepherding victims through the intricacies of the criminal justice system. For example, they send a notice providing information about the systems operation, and to help them secure protection of threatened victims who have suffered harm. Laws have changed to allow victims to be present throughout trials in a number of jurisdictions. Victims information or their voices are heard in court, mainly at sentencing, and at the time guilty pleas are received. All of this has had changed by giving the victim the respect and dignity they need, honoring their participation and
The impact of eyewitness testimony upon the members of a jury has been the subject of various research projects and has guided the policies formed by the federal government regarding its competent use in criminal matters (Wells, Malpass, Lindsay, Fisher, Turtle, & Fulero, 2000). Therefore, eyewitness studies are important to understand how