Victims Issues

It is important for Deputy District Attorneys to understand the issues that victims face as a result of their victimization.

Key concept: The criminal justice system, at its best, can be traumatic for some victims. Therefore, it is important to recognize the issues that victims face at each stage of the legal process.

Developing a good understanding of how trauma may impact a victim is of great benefit to the prosecutor. Trauma responses often affect how a victim will interact with and respond to police, medical personnel, victim advocates, prosecutors and others she or he may be dealing with in the weeks and months following a crime.

• It is not uncommon for a victim to have difficulty clearly recalling the events, or to suppress certain aspects initially, only to remember more specific detail later.
• If they have been victimized several times by the same perpetrator, it is not unusual to confuse the events of different incidents, and it is common to have difficulty relaying information sequentially or clearly relaying a timeline of events.
• If the prosecutor has an understanding of these issues, it will make it much easier to elicit information needed from a victim and to recognize valid explanations for issues that a defense attorney may use to portray a victim as being unreliable or lying.

There are several factors that are likely to increase or minimize the effects of trauma. While each person reacts differently to being victimized, there are some general responses and dynamics that tend to occur as a response to trauma. Common symptoms, especially in the first days and weeks after being victimized that are "normal" responses to an abnormal circumstance.

Although the majority of victim contact will occur with the victim advocate, the Deputy will communicate with the victim regarding any plea negotiations. The purpose and value of plea bargains are often difficult for victims to understand. They believe their victimization cannot be bargained away. And to "cut a deal" is a betrayal of the significance of their loss. This process often triggers the grief process.

The Deputy must be clear in explaining that many cases are settled without a trial and that this does not mean that the Deputy does not believe the victim. Victims should be informed of:

• The reason for the plea – why it will be beneficial to the case to offer a plea as opposed to going to trial.
• The actual plea offer – Victims only have the right to be informed of the plea. They cannot veto an offer. However, they may be able to provide the Deputy with information that may result in a reconsideration of the original offer. Be sure to discuss the offer with the victim before the offer is made to the defendant.

If a trial is set, the Deputy will have a meeting with the victim. Victim meetings usually occur during trial preparation, with the exception of Careless Resulting in Death and Child Abuse, where meetings may be on going .