Image: CrimeDime.com
As the anxious young woman waited to board the airplane that would take her to testify as a witness in an out-of-state court across the country, an unknown caller rang her cellphone.
“Listen,” the caller threatened, “are you going to cooperate and do what we told you? You’d better! If not, we’ll get your little brother, your parents, your grandma, your neighbors. We’ll find your prom date, your best friend from junior high –we’ll go all the way back to the first boy you kissed in kindergarten, if we have to!”
Victim-witness intimidation? You bet. Threats from a gang or organized crime? Not exactly.
“You heard me,” the caller said, “We’ll subpoena them all if you don’t show up in court.”
That was the prosecutor’s office telephoning the witness for the prosecution.
How do I explain to victims and witnesses that not all investigators and prosecutors will live up to the empathetic but tough characters we’ve come to love on Law and Order? And how do I continue to explain to the victim-blaming judgmental general public just what it takes for crime victims and witnesses to come forward to report crime, knowing that control over some part of their lives will not be restored for a long, long time? Every part of their past and present lives is apt to be under the microscope, up for examination in the courtroom, and even up for public debate.
Crime victimization is a violation that takes control away from people who are victimized. Regaining that sense of control over one’s life is essential to restoring our lives after crime. While victims rights have been established in the criminal justice system, consistent implementation and enforcement of those rights are additional issues.
Not to mention decency and humanity.
R. Judicata
March 14, 2012
On more than one occasion when I was a prosecutor I had victims express surprise at how nice I was. I never thought it was unusual to treat victims and witnesses with courtesy and respect, but clearly not all of my colleagues felt this way. I think the lack of empathy comes from several sources-not that any of them excuse bad behavior. I think the biggest factor is lack of training. Before becoming a prosecutor I was a trained victim advocate and after I became a prosecutor I received no training in working with victims-and I worked with victims of domestic and sexual violence. Next is the secondary trauma of working with victims of horrible crimes. Like police, I think a lot of prosecutors become jaded and hardened to protect themselves emotionally from what they witness every day. Also, some prosecutors have personalities or dispositions that are better suited to working with victims than, say trying cases against drug offenders. Finally, prosecutors often have huge caseloads, especially in these days of shrinking government budgets.
For the criminal justice system to overcome this problem I think they should take a cue from the advocacy community. Advocates work with the same victims and experience the same secondary trauma. And their funding has shrunken more than anyone’s in recent years. What I feel the advocacy community does well is training and support. Advocates are encouraged to seek support from colleagues and to engage in self-care. Prosecutors are encouraged to be tough. Empathy and toughness are not mutually exclusive. Treating victims with kindness and respect will not only help victims but it will help prosecutors to do a better job.
CrimeDime
March 14, 2012
I especially like what you said R. Judicata, about empathy and toughness not being mutually exclusive. Couldn’t agree more!
PennEJustIs
March 17, 2012
Thanks for your insights, R. Judicata. I appreciate the importance of cross-training and collaboration among community-based advocates and justice system professionals. I’m looking forward to hearing more from you on CrimeDime!