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Critical Dimensions of Victim Participation at Sentencing Hearings

NCJ Number
102908
Author(s)
V V Neto
Date Published
1985
Length
22 pages
Annotation
After briefly reviewing the history of the contemporary victims' movement, this paper examines the effects of a California law which provides that the victim of a felony crime or next of kin must be notified by the local probation officer of sentencing hearings and has the right to appear and express views about the crime, the offender, and the need for restitution.
Abstract
The study surveyed presiding judges, district attorneys, chief probation officers, and victim/witness program directors throughout the State. A total of 171 victims in 3 counties were also interviewed. Agency officials estimated that less than 3 percent of felony victims exercised their right to appear at sentencing hearings. Those victims who participated at sentencing, whether by writing a letter to the judge or by making an oral statement at the sentencing hearing had usually been involved in earlier stages of case processing. Parents of victims of serious crimes were most likely to participate in sentencing hearings. Burglary and assault victims were notably underrepresented at sentencing hearings. The level of victim satisfaction or dissatisfaction with case processing was not associated with participation at sentencing. Victim participation at sentencing did not result in more severe sentences. There is no evidence that the new law is any more effective in meeting victim needs than methods previously available, such as written statements to the judge, judicial conferences, and permissive appearances at sentencing. 7 data tables and 14-item bibliography.