Assembly Line Justice - CISD · Assembly Line Justice (continued) Example –Operation Streamline Migrants from Mexico and Central America with no prior criminal record have attempted

Assembly Line Justice

Court System and Practices

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Role of the Victim

Report the crime – prompt reporting helps ensure preservation of evidence and increases the victim’s credibility

Preserve the evidence – evidence will be gathered, photographed, and documented for later use in court

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Role of the Victim (continued)

Seek medical attention

Victims may have physical injuries that need attention

Medical records are a documentation of evidence

Victims should also seek counseling if needed

Crime victim’s compensation can help victims with the cost of treatment/counseling

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Meet with police and prosecutors

First responding officers will get basic information regarding the crime

Detectives will generally follow up with a more thorough investigation

After charges are filed a prosecutor will be assigned

Prosecutors and victims’ advocates will meet with and interview the victim

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Testify

Adult Victims

Victims’ advocates will prepare a victim for what to expect during the testimony and the contents of testimony needed

Victims will be held in a separate area during the trial until it is their time to testify

Prosecutors will ask questions first

The defense attorney will then cross-examine

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Testify (continued)

Child Victims

The judge will ask the child questions to determine if the child is capable of testifying

Testifying can be an important part of the healing process for the child

The child will be prepared by prosecutors and advocates prior to testimony

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Make a Victim Impact Statement – tells the judge and jury how the crime has impacted the victim and his or her family physically, emotionally, and financially

Register for notification of the defendant’s release – Notifies victims about the defendant’s (offender’s) status, parole eligibility, parole hearings, release from custody and transfer to minimum security facilities

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Victim Impact on Trial

Victim Impact Statements

“…are written or oral information about the impact of the crime on the victim and the victim’s family” –National Center for Victims of Crime

Draw jurors away from the procedures of a trial and replaces it with a more human emotion

Are presented before sentencing, but may also be collected during pre-trial proceedings

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Victim Impact on Trial (continued)

Victim Impact Statements (continued)

Give a glimpse into the defendant’s behavior, the impact it has on the victim and his or her family, and gives recommendations for sentencing

Are used by the court to examine the current crime, criminal history, and medical and psychological stability

Can be presented by the victim’s family in cases of murder

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Victim Impact on Trial (continued)

Victim participation in investigations

Victims of crime play an essential role in the criminal investigations by providing timelines of events and testimony at trial

Victims provide evidence of the crime

Victims may be called to provide testimony before the court at several different court dates

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Defendant’s Courtroom Role

Defendant’s demeanor

Dress conservatively

Get a fresh haircut for the trial

Stand up and speak clearly and intelligently

Say, “Yes, your Honor,” and, “No, your Honor”

Be respectful – be courteous – be polite

Be ready and attentive to be called during the trial

Turn off your cell phone and other electronics

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Defendant’s Courtroom Role (continued)

Defendant’s demeanor (continued)

Be on your best behavior

Take notes of questions and comments for your attorney

The defendant’s behavior and/or demeanor in the courtroom can greatly impact the outcome of the trial (it has been shown in many high profile criminal cases that jurors use the defendant’s courtroom demeanor to determine sincerity and culpability)

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Defendant’s Courtroom Role (continued)

Codefendant’s role Plead to a lesser charge in exchange for his or her

testimony against the main defendant

Testimony becomes “he said/she said,” and it is then up to the jury to decide who is more truthful

Codefendants may be convicted in a separate trial which can play a role in the trial of the defendant

Multiple codefendants tend to increase likelihood of conviction for the defendant

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Assembly Line Justice

Definition – cases are treated in a specific way by all parties and a standardized response on how to handle the case is developed. Individual details are largely ignored for the sake of expediency and efficiency.

Defendants are all treated the same. There is no discretion for the court. Defendants are merely pushed through the system.

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Assembly Line Justice (continued)

Discretion – the power to make decisions on some matters without being bound by precedent or strict rules established by statutes

Juries were put into place as a check on judicial discretion

Judges may use discretion in court proceedings. For instance, the allowing of evidence, during sentencing or as needed during the trial process

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Discretion (continued)

Prosecutors use discretion when determining what charges to bring against defendants and in deciding what witnesses to present

Defense attorneys use discretion in determining whether or not to put the defendant on the stand to testify

Defense attorneys and prosecutors use discretion when deciding whether or not to offer a defendant a plea bargain

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Example – Operation Streamline

Migrants from Mexico and Central America with no prior criminal record have attempted to cross the border in search of work or to reunite with family in the U.S.

The first time offense is a misdemeanor punishable by up to 6 months in prison. Those charged with re-entry face a felony with a minimum of 2 years, and the possibility of 20 years if they have a criminal record

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Example – Operation Streamline (continued)

The program has removed prosecutorial discretion, requiring criminal prosecution of all undocumented border crossers regardless of their history

The program strains the resources of judges, U.S. attorneys, defense attorneys, U.S. Marshals, and court personnel

Voluminous prosecutions of up to 80 defendants at a time force courts to cut procedural corners and deprive violators of their due process rights

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Resources Assembly-line Justice: A Review of Operation Streamline

http://www.law.berkeley.edu/files/Operation_Streamline_Policy_Brief.pdf

Taking a Stand on Taking the Stand: The Effect of a Prior Criminal Record on the Decision to Testify and on Trial Outcomes http://legalworkshop.org/2009/09/14/taking-a-stand-on-taking-the-stand-the-effect-of-a-prior-criminal-record-on-the-decision-to-testify-and-on-trial-outcomes

The Interview with Stephen Bright http://www.pbs.org/wgbh/pages/frontline/shows/plea/interviews/bright.html

The Plea Video http://www.pbs.org/wgbh/pages/frontline/shows/plea/view/

National Center for Victims of Crime http://www.ncvc.org/ncvc/Main.aspx

Do an Internet search for the following:

Video mom delivers victim impact statement

Ehow victim participation in the criminal justice process

Victim’s role in a criminal prosecution

Defendant’s brain disease impacts trial

Criminal law library blog Jury Expert Has a New Look

Save an innocent life

Legal experts: Co-defendant's testimony will 'make or break' Kissel case

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http://www.law.berkeley.edu/files/Operation_Streamline_Policy_Brief.pdf

http://legalworkshop.org/2009/09/14/taking-a-stand-on-taking-the-stand-the-effect-of-a-prior-criminal-record-on-the-decision-to-testify-and-on-trial-outcomes

http://www.pbs.org/wgbh/pages/frontline/shows/plea/interviews/bright.html

http://www.pbs.org/wgbh/pages/frontline/shows/plea/view/

http://www.ncvc.org/ncvc/Main.aspx

Documents

Assembly Line Justice - CISD · Assembly Line Justice (continued) Example –Operation Streamline Migrants from Mexico and Central America with no prior criminal record have attempted