1.7Committee Tips for Mitigating the Psychological Effects of Victimization and Maximizing Victim Participation in Court Proceedings
While crime victims are contending with the primary financial, physical, and psychological effects of their victimization, it is important to prevent insensitive treatment of these victims at the hands of the criminal justice system.1 To mitigate the psychological effects of victimization and maximize victim participation in court proceedings, the editorial advisory committee offers the following:
•Prevent secondary victimization.
To avoid insensitive treatment of crime victims, the court should prevent insensitive questioning towards the victim, deter suggestive assertions that the victim contributed towards his or her own victimization, prevent purposeful delays or withholding of pertinent information designed to frustrate the victim, and deter purposeful delays in returning the victim’s property taken during the investigation of the offense.2
•Emphasize that the proceedings are between the defendant and the People, not the defendant and crime victim.
A defendant who realizes that the victim does not control court proceedings may be discouraged from making efforts to obstruct justice.
•Keep the crime victim informed of court proceedings and offender’s status within correctional or juvenile agencies.
Crime victims in Michigan have a constitutional right to notification of court proceedings and the offender’s status within correctional or juvenile agencies,3 Const 1963, art 1, § 24, and in some instances it may be the court’s responsibility to provide this notification, see e.g., MCL 780.752a; MCL 780.785; and MCL 780.811b. While it may not be the court’s responsibility to provide notification in all situations, simply asking if notice has been provided may help ensure the victim’s rights are protected. The crime victim also has a constitutional right to attend criminal trials, juvenile adjudications, and “all other court proceedings the accused has the right to attend.”4 Id. The crime victim should also be told in advance about potentially traumatic procedures, such as continuances and depositions.
•Allow the crime victim an opportunity to participate in the court proceedings.
The CVRA and Const 1963, art 1, § 24, provide crime victims with the right to participate in criminal and juvenile proceedings; consult with the prosecuting attorney before the prosecuting attorney finalizes a plea agreement with the defendant or juvenile, agrees to placement of the defendant or juvenile in a pretrial diversion program, or agrees to an informal disposition of a juvenile; and provide a written crime victim impact statement for inclusion in a presentence report (PSIR) or dispositional report, and provide an oral crime victim impact statement to the court at sentencing or disposition.5 To ensure the crime victim’s rights are protected, the court should ask throughout the court proceedings whether the crime victim has had an opportunity to be involved in the process and whether the crime victim has had an opportunity to attend court proceedings (and where sequestration of the victim was required, that the victim was sequestered up until he or she first testified).
•Minimize contact between the defendant and the crime victim
The CVRA requires the court to provide a separate waiting area for crime victims when a defendant is charged with a felony, juvenile offense, or a serious misdemeanor. See Section 2.4 for additional information on separate waiting areas for crime victims.
•Recognize effects of criminal victimization
Crime victims may suffer severe economic consequences due to damage to property, medical expenses, and lost wages. The CVRA and the Michigan Constitution require the court to order the defendant or juvenile to pay restitution to compensate the crime victim for losses caused by the offense. Because restitution is a crime victim’s constitutional right and is mandatory under the CVRA, the prosecutor and the defendant or juvenile cannot exclude restitution from a plea or sentence agreement. See Chapter 8 for a detailed discussion of restitution.
1 A discussion of the psychological effects of criminal victimization is beyond the scope of this benchbook. For a detailed discussion of the trauma of victimization, which could impact a victim’s participation with the court proceedings, see http://www.victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/trauma-of-victimization.
2 See Section 4.10 for a detailed discussion of returning a crime victim’s property taken during the investigation of an offense.
3 See Chapter 5 for a detailed discussion of victim notification.
4 See Section 6.1 for a detailed discussion of the victim’s constitutional right to attend trial and other proceedings.
5 See Chapter 6 for additional information on a crime victim’s right to participate in criminal and juvenile proceedings, Chapter 4 for additional information on a crime victim’s right to consultation with the prosecuting attorney, and Chapter 7 for additional information on victim impact statements.