Victimsofcrime.org



Module 5: Navigating the Criminal Justice System

Lesson Plan 3 hours 55 min

|Description |

| |

|Module 5 examines the justice system, focusing on how the advocate assists the victim to understand the system and assert their rights. Participants |

|practice translating justice system processes into terms understandable to a layperson. They also demonstrate how to assist victims with writing victim|

|impact statements. |

|Objectives |

| |

|Participants will be able to — |

| |

|Describe the key steps of the criminal justice system and the victim rights corresponding to each step |

|Explain the implications of AB 109 for how and where offenders serve their sentence |

|Explain at least two distinguishing characteristics of each justice system: adult, juvenile, military, federal, and tribal |

|Distinguish between civil and criminal forums |

|Assist a victim with crafting their victim impact statement. |

|Participant Preparation |

|-There is no participant preparation for this module. |

|Media and Materials |Facilitator Notes |

| |

|Trainer Preparation and Set-up |

| | |

| |Research the current status of the death penalty in CA so you can refer to it during the presentation accompanying |

| |the slide “Appellate Courts.” |

| | |

| |Gather information about legislative updates and adjust content. |

| | |

| |Prepare Anchor Case Study updates for distribution to each table for the Impact Statement activity at the end of the|

| |module. |

|What it’s like to Navigate the Criminal Justice System [pic] 15 minutes |

|Slide: Title Slide |Note: As an introduction to this module, participants will create a metaphor or simile to represent their experience|

|[pic] |of navigating the justice system. |

|Slide: Navigating the Justice System |? Helping victims navigate the justice system is such an important aspect of an advocate’s job that your clients |

|is like… |might even refer you as their “navigator.” Doing this job well requires a working understanding of all the players |

| |and processes that make up the system. |

|[pic] |To begin building this understanding, we’re going to develop a metaphor or simile. A metaphor or simile is a |

| |comparison that captures the “gist” of an experience in just a few words. Some of you might remember the well-known |

| |simile from the movie Forrest Gump where Tom Hanks says: “Life is like a box of chocolates, you never know what |

| |you’ll get.” |

| |This afternoon, we’d like you to write your own metaphor or simile that captures the experience of navigating the |

| |justice system. For example, it might be —“Navigating the justice system is like being in a maze. Sometimes you |

| |wonder if you’re heading in the right direction or if you will ever get to the end.” |

| |Take a couple of minutes to create your own metaphor/simile and write it in your Participant Manual next to the |

| |slide image. |

| |Note: After a couple of minutes, ask for volunteers to read their metaphors. Make a summary statement that captures|

| |the themes of their experience. For example, “Navigating the CJ system is complex, confusing, frustrating and |

| |uncertain.” |

|Slide: Questions we will answer |?In this session, we’ll answer some key questions: |

|[pic] |What are the steps of the criminal justice system process and how do victim rights align with each step? |

| |What distinguishes the adult, juvenile, military, federal and tribal justice systems in relationship to our role and|

| |victims? |

| |How do we help victims understand the differences between the civil and criminal justice systems? |

| |How can we best help victims express the impact of the crime in their victim impact statement? |

|Steps in the Criminal Justice System [pic] 60 minutes |

|Slide: How the Criminal Justice |Note: Throughout the following presentation, add examples from your own experience of how each step has impacted a |

|System works |victim. Also invite participants to contribute their own examples. |

|[pic] |?To begin, let’s get an overview of how the criminal justice system works. There are four major steps. |

| |• We’ll start with how the alleged offender enters the system. |

| |• Then we’ll move to the prosecution and what happens before the trial. |

| |• After that we’ll talk about the trial itself, and finally… |

| |• What happens after the trial.[i] |

| |This presentation will give you a basic outline of the sequence of events. But keep in mind that the process may |

| |vary according to the jurisdiction, the seriousness of the crime (felony or misdemeanor),3 whether the accused is a |

| |juvenile or an adult, and other factors. Not every case will include all these steps, and not all cases directly |

| |follow this sequence. |

| |We want you to be familiar with the steps in the criminal justice process and, in particular, how victims might be |

| |impacted at each step. However, you’ll need to work closely with your prosecutor to make certain that the |

| |information you give to victims is accurate for your jurisdiction and for each victim’s case. When you explain |

| |charges and sentencing to victims, we recommend that you involve your prosecutor, particularly when the charge or |

| |sentence is complex or might be subject to change. |

| |σ By a show of hands, how many of you have experience with the criminal justice system? |

| |Note: If a number of people raise their hand, invite them to share their experiences during the presentation — |

| |especially to point out how their local system handles particular steps in the process. |

| |?For some of you this will be a refresher and an opportunity to ask questions about how different counties operate. |

| |For others it may be relatively new information. Don’t hesitate to ask questions if you would like more detail about|

| |any particular step in the process. |

|Slide: Entry into the System |Note: If you’ve chosen to use “props” to add some visual interest to your presentation of the CJS, this is the time |

| |to don your police hat and/or badge. |

|[pic] | |

| |?The criminal justice process begins when an alleged offender enters the system. There are three steps in entering |

| |the system — the report, the investigation, and the arrest or citation. |

| | |

| |Report: Law enforcement officers take a crime report from victims, witnesses, or other parties (or the officers |

| |witness the crime themselves and make a report). |

| | |

| |But, as you know, many crimes are never reported — for a variety of reasons. Victims mistrust the police or feel |

| |that police won’t understand them; they fear retaliation by people in the community who would see them as |

| |“snitches”; or they’ve concluded from past attempts to report that it takes too long for police to respond.[ii] |

| | |

| |Investigation: Law enforcement investigates the crime. Officers try to identify a suspect and find enough evidence |

| |to arrest the suspect they think may be responsible. |

| | |

| |Note: At this point, give an example of your own experience during investigation. Perhaps a victim has been |

| |frustrated because law enforcement can’t find the perpetrator. |

| | |

| |?Arrest or Citation: If law enforcement officers find a suspect and enough evidence, they may arrest the suspect or |

| |issue a citation for the suspect to appear in court at a specific time. This decision depends on the nature of the |

| |crime and other factors. If officers do not find a suspect and enough evidence, the case remains open. |

| | |

|Slide: Prosecution and Pre-Trial |Note: Exchange your law enforcement props for a suit jacket and briefcase. |

|[pic] | |

| |?Prosecution and Pretrial. Once the alleged offender has entered the system, the case moves to the prosecution. |

| | |

| |Charges: The prosecutor considers the evidence assembled by the police and decides whether to file written charges |

| |(or a complaint) or to release the accused without prosecution. |

| | |

| |Many crimes are never prosecuted because no suspects can be identified or because the available evidence is not |

| |adequate for the prosecutor to build a case. |

| | |

| |Note: Give an example from your own experience of how a victim was impacted when the prosecutor chose not to bring |

| |charges. |

| | |

| |?Occasionally, a local district attorney will have a conflict of interest that prevents them from prosecuting a |

| |case. For example, staff in the DA ‘s office might be related to the person who is being prosecuted. In situations |

| |like these, the California Attorney General’s office will step in to prosecute. At that point, your role as a |

| |county-based advocate will need to be determined by the prosecutor and Attorney General’s office. |

| | |

| |You should also be aware that, during this pre-trial period, there’s a potential area of conflict between the |

| |victim’s needs and the DA’s interests. It’s called the “Brady rule.” |

| | |

| |σDoes anyone know what the “Brady rule” is? |

| | |

| |Note: Acknowledge responses and build on them with the following explanation. Also correct any misunderstandings. |

| | |

| |?When you’re talking with a victim, the victim might reveal information that would help the defendant’s case. |

| | |

| |Note: Offer a brief example from your own experience of a time when a victim disclosed information that was |

| |favorable to the defendant. |

| | |

| |?This kind information is referred to as “exculpatory evidence.” Exculpatory evidence has to be passed on to the |

| |defense team. The Brady rule specifies the kinds of information that are “exculpatory.” For you as the advocate, |

| |this may present a conflict between the interests of a victim who wants to keep the information private, and the |

| |interests of the prosecutor who, by law, must disclose it. |

| | |

| |We’ll talk about the Brady rule in more depth later in the week when we deal with “Ethics” in Module 10. |

| | |

| |First Court Appearance: If the prosecutor decides to file formal charges, the accused will appear in court to be |

| |informed of the charges and of his or her rights. The judge then decides whether there is enough evidence to hold |

| |the accused or release him or her. If the defendant does not have an attorney, the court may appoint one or begin |

| |the process of assigning a public defender to represent the defendant. |

| | |

| |Bail or Bond: At the first court appearance (or at any other point in the process-depending on the jurisdiction) the|

| |judge may decide to hold the accused in jail or release him or her on bail, bond, or on his or her "Own |

| |Recognizance" (OR). (OR means the defendant promises to return to court for any required proceedings, and the judge |

| |does not impose bail because the defendant appears not to be a flight risk). |

| | |

| |To be released on bail, defendants have to hand over cash or other valuables (such as property deeds) to the court |

| |as security to guarantee that the defendant will appear at the trial. Defendants may pay bail with cash or bond (an |

| |amount put up by a bail bondsman who collects a non-refundable fee from the defendant to pay the bail). In deciding |

| |whether to hold or release the defendant, the judge will also consider such factors as drug use, residence, |

| |employment, and family ties. |

| | |

| |Preliminary Hearing: The accused may have to appear at a preliminary hearing in court, where the judge may hear |

| |evidence and the defendant is formally indicted or released. |

| | |

| |The preliminary hearing may raise a range of issues for victims. |

| | |

| |• Because this is often the first time the victim has seen the defendant since the incident, the victim may be |

| |fearful and anxious. |

| | |

| |• Victims are questioned by defense attorney. Many times the defense attorney will question a victim’s character, |

| |actions or lack of — for example, their drug use, mental health, late reporting, etc. This may result in a victim |

| |feeling re-victimized by the process. |

| |• If the burden of proof isn’t met, some charges (or all) may be dropped and the defendant is not ‘held to answer.’ |

| |Charges can also be added if new details are reported that were not in the original report. |

| |Arraignment: The defendant is brought before the judge to be informed of the charges and his or her rights. The |

| |defendant pleads guilty, not guilty, or no contest (accepts the penalty without admitting guilt). If the defendant |

| |pleads guilty or no contest, no trial is held, and the offender is sentenced then or later. |

| |If the defendant pleads not guilty, a date is set for the trial. If a plea agreement is negotiated, no trial is |

| |held. |

|Slide: VINE |?Before we move on to the trial, let’s digress for a moment to talk about an important victim service called VINE |

|[pic] |(which stands for “Victim Information and Notification Everyday”). This is an automated system that lets victims, |

| |family members of victims, or a witness who has testified against the offender track the custody status of an adult |

| |offender who is in state prison and county jails. |

| |Currently there are a wide range of agreements, systems and processes being used throughout the state to promote |

| |notification of victims when an offender is placed on community supervision from jail. This is made more complicated|

| |by several factors: certain forms of community supervision such as electronic monitoring may be technically defined |

| |by VINE as ‘in custody’ and some county jail management systems don’t have compatible reporting systems with the |

| |statewide VINE program. |

| |We recommend that advocates learn about their own county systems. Then they can assist victims with registering on |

| |their county VINE or notification system when the offender is in county jail. Several counties have their own |

| |‘inmate locator’ websites that are not part of the VINE system. The county registration process is generally simple |

| |and the victim can sign up via the internet or call a toll free number noted on the website. In fact, the victim |

| |only has to provide their email address and/or a phone number. They do not need to state who they are or give any |

| |other detailed information. |

| | |

| |In addition, you should help the victim register on the statewide system. VINE will notify the victim if the |

| |offender is eventually transferred to CDCR after sentencing. The VINE system interfaces with many county jail |

| |management systems to provide notification of an offender’s release from jail, however, this is on a county by |

| |county basis, as the county has to sign a contract with VINE to utilize the service. We are still using CDCR 1707 to|

| |register victims for notifications of offenders that are in prison. |

| | |

| |In local jails, there may be an issue with VINE notification of release. Because jails may use alternative custody |

| |(e.g. work furlough), they would not necessarily update the VINE record of release of an offender, since the |

| |offender is still officially “in custody.” We recommend that you and your office clarify this with your local |

| |sheriff. |

|Slide: Adjudication (The Trial |Note: Before starting this section, hand out index cards. Ask participants to write their questions about plea |

|Process) |agreements and trials on the cards and hand them in to the presenter. During your presentation, build in answers to |

|[pic] |the questions. |

| | |

| |If you’re using props, it’s time to change to the gavel and judge’s robe. |

| | |

| |? The next phase is Adjudication, which is a formal term for the trial process. |

| | |

| |Plea Agreements: The majority of cases are resolved by plea agreements rather than trials. A plea agreement means |

| |that the defendant has agreed to plead guilty to one or more of the charges in exchange for one of the following: |

| |dismissal of one or more changes, a lesser degree of the charged offense, a recommendation for a lenient sentence, |

| |not recommending the maximum sentence, or making no recommendation. Marsy’s Law requires prosecutors to inform |

| |victims before a plea agreement is offered – IF the victim has requested notification. The victim has the |

| |opportunity to voice their opinion. The prosecutor is not required get ‘approval’ from the victim for the offer they|

| |will make to the defense attorney and their client. |

| |A plea agreement could impact the charge. For example, the charge might change from a felony to a misdemeanor. In |

| |some cases, this might change where the sentence is served. |

| | |

| |Trials are held either before a judge (a “bench” trial) or before a judge and jury (a jury trial). It depends on the|

| |seriousness of the crime and other factors. |

| | |

| |In both types of trials, the prosecutor and defense attorney present evidence and question witnesses. The judge or |

| |jury finds the defendant guilty or not guilty on the original charges or lesser charges. Defendants found not guilty|

| |are usually released. If the verdict is guilty, the judge will set a date for sentencing. |

| | |

| |Sentencing: After adjudication, the next step is sentencing. Victims are allowed to prepare for the judge (and |

| |perhaps to read at the sentencing hearing) a victim impact statement that explains how the crime affected them. |

| |Advocates often assist victims in creating these statements. |

| | |

| |In deciding on a sentence, the judge has a range of choices, depending on the crime. These choices include |

| |probation, jail or prison, or the death penalty. The judge might also order fines to be paid to the court, or |

| |restitution (payments to the victim for costs related to the crime). We’ll talk about restitution in detail later in|

| |the week when we discuss “Victim Services” in Module 12. |

| | |

| |There are two important California laws that affect sentencing: AB 109, and Prop 47. We’re going to take some time |

| |now to discuss them. |

| | |

|Slide: Important Facts about |?As you are probably aware, in 2011 the Governor signed “Assembly Bill 109,” also referred to as “realignment.” This|

|Realignment |bill has had a major impact on how and where sentences are served. The impact of AB 109 continues to evolve, so it’s|

| |important to keep abreast of new developments. |

|[pic] | |

| |Let’s review the basic provisions of this bill and discuss how they impact the victims you serve and your role as |

| |advocate. |

|Slide: Legislative Intent |?AB 109 was designed to both reduce current prison populations and reduce recidivism. The idea is that keeping a |

| |prisoner in custody in a prison is costly and not effective when it comes to actually reducing recidivism. |

|[pic] |Supportive programs — drug and alcohol treatment, mental health services, comprehensive case management, etc. — are |

| |less costly, have the best chance of making a meaningful difference in an offender’s life and, as a result, are most|

| |likely to reduce recidivism. Sentencing reform ensures that future offenders are funneled first into treatment and |

| |supportive services rather than into prison. |

|Slide: New Types of Offenders |? Under AB 109, offenders sentenced to probation are still supervised by the probation department. But three new |

| |types of offenders are also housed or supervised locally: 1170(h) Defendants, offenders under Post Release Community|

|[pic] |Supervision, and Parolees. |

| | |

| |1170(h) Defendants are people charged with felony crimes that, before AB 109, would have been served in state prison|

| |but are now served locally. This type of sentence can be very confusing to victims because it is a prison sentence |

| |that is served locally, and can even be served out of custody. |

| | |

| |In a few minutes, we’ll explain “split sentences” and “mandatory supervision.” |

| | |

| |? Post Release Community Supervision (PRCS) means that an offender released from state prison is now supervised by |

| |county probation. If probation is revoked, the offender goes to county jail (not back to prison). |

| | |

| |If the offender was in prison when the law changed, and if their offense was 1170(h) eligible, they are released on |

| |PRCS. |

| | |

| |Parolees whose parole is revoked now go county jail. If you are a non-1170(h) offender, such as a striker or 290 |

| |registrant, you are released on Parole, not under PRCS |

| | |

|Slide: Other Alternatives |? With more offenders serving time in counties, jails may reach capacity more quickly. As a result, other |

|[pic] |alternatives are used more frequently. |

| | |

| |Note: Briefly explain the other alternatives — Sheriff’s Parole (PC 3076), Work Furlough, Work Release, Residential|

| |Treatment, and Public Service Work. |

| | |

| |? Early Kicks, the last alternative on the list, refers to early release for certain low-level crimes. |

| | |

| |All of these alternatives can be upsetting for victims because their offenders are “free” in the community. |

|Slide: PC 1170 (h) |? Section 1170 (h) of the California Penal Code (referred to as “PC 1170(h)” specifies more than 500 felonies that, |

|[pic] |in the past, sent an offender to prison, but now send them instead to county jail. |

| | |

| |Because these are all non-violent, non-sex, non-serious crimes, we refer to them informally as the “Non/Non/Nons.” |

| |You’ll find a list of these crimes at the internet address given in the slide. |

| | |

| |The length of imprisonment for these crimes is unlimited. If the entire term is completed in custody, then no |

| |supervision is required after release. |

| | |

|Slide: Exceptions to 1170 (h) |? The law specifies some exceptions to the provisions of PC1170(h). |

|[pic] | |

| |Note: Review the exceptions noted on the slide. |

|Slide: Split Sentence Options of 1170|? A split sentence means that the judge, instead of ordering that the entire sentence be served in confinement, |

|(h) |specifies a period of jail time followed by a period of “Mandatory Supervision.” The total amount of time cannot |

|[pic] |exceed the maximum possible sentence for the crime. |

| | |

| |Mandatory Supervision (MS) is an intense form of probation. Generally, each probation officer has just 30 clients, |

| |and it may require daily check-ins, classes, treatment, and other requirements. Let’s look at the list of |

| |requirements. |

| | |

|Slide: Conditions for Mandatory |Note: Review the list of requirements on the slide. |

|Supervision | |

|[pic] |? These services are typically available at a “Community Re-entry Services Center.” We recommend that you ask your |

| |supervisor or colleagues if you have this service in your County. |

|Slide: PRCS |? The CA penal code specifies how long an offender will remain under Post Release Community Supervision. After 6 |

|[pic] |months, if the offender has no violations, they may be discharged from supervision. After 12 months with no |

| |violations, the offender has to be discharged. And, three years is the maximum that supervision can continue. |

| | |

|Slide: Restitution shall be ordered |? Before AB 109, when most felony offenders served their time in state prison, the CDCR was authorized by law to |

|[pic] |deduct restitution from prison wages and trust accounts. When the offender was paroled, restitution became a |

| |condition of parole. |

| | |

| |Since the passage of AB 109, however, many felony offenders are no longer under the jurisdiction of the CDRC, and |

| |their parole is no longer supervised by the state. This has made the collection of restitution more complicated. |

| | |

| |In an attempt to correct this situation, the legislature has passed additional bills to align the existing laws |

| |regarding restitution with AB 109’s new provisions for sentencing and supervision. |

| | |

| |For example, a bill passed in effect 2014 authorizes a county agency (designated by the Board of Supervisors), to |

| |collect restitution from offenders under Post-Release Community Supervision or Mandatory Supervision. |

| | |

| |We recommend that you consult with your prosecutor about how your county has addressed AB 109. |

|Slide: Check for understanding |Note: To conclude the presentation on AB 109, pose the following questions as a “check for understanding.” |

|[pic] | |

| |σ In what ways does AB 109 change the length of a sentence? |

| | |

| |Note: AB 109 does not change the length of a sentence. It changes only where and how the sentence is served. Make |

| |certain that participants are clear about this. |

| | |

| |σ Under what circumstance would it be possible for a victim to run into the perpetrator without expecting to see |

| |them out of custody? |

| | |

| |Note: This might happen if an offender sentenced to jail has been moved into some form of alternative supervision |

| |but, because they are still considered to be “in custody,” a VINE notification has not been issued. |

| | |

|Slide: Prop 47 |?Another piece of legislation that impacts sentencing is Prop 47. Passed by the voters in 2014, Prop 47 reduces the |

|[pic] |classification of most "non-serious and non-violent property and drug crimes" from a felony to a misdemeanor.[1][2] |

| |This reclassification does not apply, however, if the defendant has prior convictions for murder, rape, certain sex |

| |offenses or certain gun crimes. |

| |Beyond that, Prop 47 permits a re-sentencing for anyone currently serving a prison sentence for any of the offenses |

| |that the initiative reduces to a misdemeanor. Before re-sentencing, there must be a “thorough review” of the |

| |offender’s criminal history, as well as a risk assessment, to ensure that they do not pose a risk to the public. |

| |The counties have three years to review the cases of all offenders who might be eligible for re-sentencing. Some |

| |have completed this task, but others, including very large counties, are still in the midst of their review. |

| |Legal cases that challenge or clarify aspects of Prop 47 are now making their way through the courts. As decisions |

| |are passed down, the number of sentences under review could sharply increase or decrease.[iii] |

| |There are two aspects of Prop 47 that especially impact victims. |

| |First, the collection of restitution might be interrupted. This is because defendants sentenced under misdemeanor |

| |crimes are not supervised after the completion of sentences, so no one is tracking their payments for restitution. |

| |Second, if the victim is registered with the CDC through the 1707 form, they will be notified of release/transfer, |

| |but they may not be notified of a new judgment. This may be in issue in cases involving alternative sentences. |

|Slide: Plain Talk |Note: The purpose of the following pairs activity is to reinforce participants’ understanding of the terminology |

|[pic] |related to AB 109 and Prop 47. It will also help prepare them for the later activity, “Explaining the Justice System|

| |to a Victim.” |

| | |

| |?I’d like you to pair up with someone at your table. Then open your participant manual to the page titled “Plain |

| |Talk about AB 109 and Prop 47.” |

| | |

| |In the left column, you’ll see list of 6 terms. The right-hand column is headed “plain talk.” For each term, I’d |

| |like you to work with your partner to come up with a short explanation of the term that would make sense to a |

| |victim. You’ll have five minutes. |

| | |

| |Note: After five minutes, quickly go down the list of terms, asking for volunteers to read their plain talk version |

| |to the group. Clarify any misunderstandings. The following terms are on the worksheet: Realignment; |

| |1170 (h); Non, non, nons; Post-Release Community Supervision; Alternative sentencing; and Prop 47 re-sentencing. |

|Slide: After the trial — Probation |? Let’s continue now with the post-trial phase of the justice system to consider what happens after sentencing. |

|[pic] | |

| |As we’ve seen, during sentencing, a judge may suspend a jail or prison sentence and instead place the offender on |

| |probation, usually under supervision in the community. |

|Slide: After the trial—Corrections |? Or, the judge might decide to send the offender to prison or jail. |

|[pic] | |

| |Note: Before going on, exchange the judge props for the large set of keys (to represent prison and jail). |

| | |

| |Four primary agencies are responsible for incarcerating offenders who have been convicted of a felony crime: The |

| |California Department of Corrections and Rehabilitation; the Federal Bureau of Prisons; and the Department of |

| |Defense (for military prisoners). In addition, as we’ve discussed, under Ab 109, local county jails are also |

| |responsible for incarcerating offenders convicted of many felonies. |

| |Some inmates will choose to serve their entire sentence behind bars. When their sentence is over, they will not be |

| |subject to any supervision in the community. |

| |Some inmates will be eligible for parole prior to the expiration of their sentence. |

| |If the offender is sentenced to prison, make sure the victim is given the CDCR form 1707 and the number for VINE. |

|Slide: After the Trial — Parole |? Parole is the supervised release of prisoners to the community, with conditions attached to the release that are |

|[pic] |designed to protect the safety of the public as well as the victim(s). When an inmate is released on parole, he or |

| |she is supervised and monitored by a parole officer/agent. |

| |Offenders who have served part of their sentences in jail or prison may — under certain conditions — be released on |

| |parole, under the supervision of the corrections system or the court. |

| |Parole is considered part of the prison sentence that is served in the community. |

| |The paroling authority in California is the Board of Parole Hearings, a panel of 12 Commissioners appointed by the |

| |Governor and confirmed by the Senate. This Board makes decisions about whether to grant parole to inmates; monitors |

| |the control of parolees who are released to community supervision; discharges offenders from parole when they have |

| |completed the terms and conditions of parole supervision; makes parole revocation decisions if a parolee has |

| |violated the terms and conditions of parole; and may make clemency decisions. |

| |Victims have the right to be notified of parole hearings, although they need to request this notification. They also|

| |have the right to be present at the hearing, and to make a statement (or to send an audio or video statement). |

| |If victims choose to participate in a parole hearing, it’s important for them to understand that these hearings are |

| |not a new trial; the parole board cannot reconsider the original conviction or sentence. |

|Slide: After the Trial —Violations |?Offenders who violate the conditions of their probation or parole can be sent to jail or, in some cases, back to |

|and Revocation |prison. |

|[pic] |Under AB 109, offenders who violate parole are sent to county jail rather than state prison. The only exception is |

| |offenders previously sentenced to a term of life; they can be revoked back to prison. |

| | |

| |Offenders whose parole has been revoked can be kept in jail for up to 180 days. |

| | |

| |Since July 1, 2013, the decision to revoke an offender’s parole has been made by local courts rather than by the |

| |State Board of Parole. Again, the exception is offenders serving life sentences; in those cases, the State Board |

| |continues to make revocation decisions, and can order the offender back to prison. |

| |AB 109 also authorizes “Flash incarceration” in the county jail for up to ten days. |

|Slide: Appellate Courts |?Upon conviction in criminal cases, the convicted offender has constitutional and other legal rights to appeal. An |

|[pic] |appeal is a request by the losing party to have the Court of Appeals or the Supreme Court review the decisions made |

| |in the trial court. |

| |Many of the issues raised on appeal concern how the judge managed the trial. The issues are technical and usually do|

| |not question the defendant’s guilt but rather the procedures used in the court process. For instance, there may be |

| |questions about whether the judge should have allowed certain evidence to be presented, or whether the judge gave |

| |improper instructions to the jury. |

| |An appellate brief is sent to the state Attorney General by the defendant. |

| |The AG’s office provides Appeal Notification to victims. Currently, the AG’s Victim Services Unit (referred to as |

| |the “VSU”) monitors the 470 appeal cases currently active. The AG receives about 500 requests for non-capital appeal|

| |status each month. |

| | |

| |To be eligible for services through the VSU, victims need to complete a “Request for Victim Services” (form 1707 |

| |from the California Department of Corrections and Rehabilitation). Victims who want to be notified of a criminal |

| |appeal and the defendant’s custody status should also complete a “Request for Criminal Appeal Status” (CA JUS 8838),|

| |often referred to as “the green form.” |

| | |

| |The AG’s office is also a resource for information about Marsy’s Law, human trafficking, and Native American issues.|

| |They have Marsy’s Cards available in more than 20 languages such as: Farsi, Romanian, Vietnamese and Braille. |

| | |

| |Note: On the chart, write the web address for the AG’s victim services page: |

| | |

| | |

| | |

| |? In reviewing a case, the appellate court considers only the written record of what occurred at the trial. No new |

| |evidence or testimony is given. Only in a small number of cases are oral arguments scheduled. An oral argument is a |

| |brief opportunity for each party’s attorney to persuade the court and answer any questions. Victims do not have to |

| |testify during the appellate process. |

| |Ultimately, the appellate court’s decision will: |

| |Agree with the lower court and uphold the previous decision. |

| |Disagree with the lower court and overrule the previous decision. |

| |Agree in part, disagree in part, and send the case back for the lower court to resolve certain questions. |

| |The Attorney General’s Office handles appeals in non-death and death- penalty cases. Here are some important things |

| |to know about appeals in death-penalty cases: |

| |In every death-penalty case there is an automatic appeal. |

| |Continuances are always granted in these cases. |

| |The average appeal time is 20 years. |

| |The Attorney General provides annual notification in a death case. |

| |If the jurisdiction contacts the Attorney General when it first determines there is a death case, it makes it easier|

| |for Attorney General to monitor. |

| |The appeal unit has some ability to meet with families. |

| |The appeal unit will attend executions on behalf of families or with families. |

| | |

| |?The death penalty is an evolving area of law in California. In 2014, a US District Court judge overturned the |

| |death sentence for a man who had been on death row for nearly two decades. Then, in November 2015, this decision was|

| |reversed by a Federal Appeals Court. Further legal action is likely. |

| | |

| |There have also been changes to the death penalty for juveniles. In 2005, the US Supreme Court ruled that the death |

| |penalty was unconstitutional if the crime was committed while the offender was a juvenile. |

| | |

| |In 2012, the court also ruled that a sentence of life without parole is unconstitutional for a juvenile. In 2016, |

| |the decision was made retroactive to those sentenced prior to 2102. |

| | |

| |Note: Update this death penalty information based on your own research. |

|Activity: Explaining the Justice System to Victim [pic] 45 minutes |

|Slide: Activity - Explaining the |? Now that you’re well versed in the steps of the criminal justice system, it’s time to think about how you’re going|

|Justice System to Victims |to explain all this to victims in a way that will make it comprehensible. The challenge is to be accurate in your |

| |explanation, without overwhelming and intimidating them. |

|[pic] | |

| |Note: In this activity, participants will build on what they learned about basic victims’ rights in Module 2. Here, |

| |they will apply their knowledge of victims’ rights to the various steps in the justice system. At the same time, |

|[pic] |they will clarify their role in victims’ rights enforcement during each step. |

| |? In this activity I want you to use the crime type in your anchor case study BUT do not use the specific |

| |circumstances. Using the crime type and CJ process step I will assign to your table, imagine you have a case with |

| |that crime type and you are faced with explaining the specific process you have been assigned to a victim. On the |

| |worksheet in your Participant Manual write your explanation. The group with: |

| |Elder Abuse – describe (ongoing) Investigation, Prosecution/Charging; |

| |Stalking – describe First Court Appearance, Bail, Preliminary Hearing and Arraignment |

| |Child Molestation – describe Plea agreements and Trial |

| |Homicide – describe Sentencing, Appeal and Parole. |

| |In your explanation, inform the victim about their rights and your role in helping them secure those rights. Also |

| |identify the aids you might use for your explanation if you were back at your office — for example tip sheets, |

| |brochures, cards, videos, websites, tours, etc. |

| |There are several resources for you to draw on: |

| |the materials we reviewed yesterday during the session on “The Victim’s Rights and VWA Role” |

| |the reading materials in the back of the Mod 5 section of the Participant Manual |

| |the chart titled “Advocacy Tasks and the Justice System,” in your Participant Manual after the worksheet. |

| |Take 15 minutes to write your description. Pick a recorder, and also a reporter who will make a report to the large |

| |group lasting no more than 5 minutes. |

| |Note: After each table makes its presentation, ask for other tables to offer ideas, ask questions, or suggest what |

| |might strengthen the explanation. |

| |If not raised in the reports, probe to have a general discussion of some key issues that arise when victims and |

| |advocates deal with the steps in the CJ system, such as: |

| |Victims’ reluctance about meeting and talking with LE and the DA — and the feelings behind their reluctance |

| |Victims’ feelings and decisions about not pressing charges |

| |The line between orienting a victim to the system and giving legal advice. |

| |?As you orient the victim to the different steps in the justice system, you may need to explain the request for |

| |restraining orders. We’ll talk about those after the break. |

|Break [pic] 10 minutes |

|Restraining Orders [pic] 25 minutes |

|Slide: Restraining orders |?One important role of the victim witness advocate is helping victims request restraining orders as part of their |

|[pic] |safety plan. |

| |A restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain |

| |from doing, certain acts. A person who refuses to comply with an order faces criminal or civil penalties, and may |

| |have to pay damages or accept sanctions. Breaches of restraining orders can be considered serious criminal offenses |

| |that merit arrest and possible jail sentences. |

| |The restraining order a victim requests depends on the crime type and on the step the case has reached in the |

| |criminal justice process. |

| |The two primary types of restraining orders are Civil Restraining Orders and Criminal Protective Orders ("CPO"). |

| | The CPOs are requested by a DDA during a pending criminal case. Some advocates prepare requests for the DDA.  In |

| |many of the VW Centers advocates only deal with CPOs; preparation of civil restraining order requests is done by |

| |women's shelters and other community groups. |

| |It’s important to understand that a restraining order does not guarantee the safety of the victim. Even so, a |

| |restraining order has many benefits. It lets the perpetrator know the exact boundaries for contact with the victim; |

| |it communicates that the victim has asserted their rights; and, if the offender violates the order and the victim |

| |calls the police, the restraining order gives the victim added leverage and credibility. |

| |σBy a show of hands: |

| |How many of you help victims prepare requests for restraining orders? |

| |How many do just CPOs? |

| |How many do both CPOs and Civil Restraining Orders? |

| |σWhat challenges are you facing with helping victims request restraining orders? |

| |Note: The full team of trainers can be called upon to provide ideas and responses; also use the input /ideas from |

| |experienced participants. |

| |? You’ll find a general description of the various types of restraining orders and a sampling of request forms on |

| |the resource webpage.” |

|Different Systems of Justice [pic] 20 minutes |

|Slide: Federal – Juvenile – Military |?So far, we’ve talked about just the criminal justice system. However, not all offender cases are dealt with in the |

|– Tribal |adult Criminal Court System. There are other systems of justice that you may encounter in your work. |

|[pic] |σWhat other justice systems have you or other advocates you know encountered? |

| |Note: Responses should include the list below. (If any are not mentioned, ask if anyone has worked with a case that |

| |involved that system.) |

| |Juvenile Justice |

| |Military |

| |Tribal |

| |Federal |

| |Civil |

| |? We’re going to briefly review these other systems of justice. |

|Slide: Juvenile Justice System |?When a perpetrator is under the age of 18, they are brought before the juvenile justice system. There are a few |

| |exceptions for specific violent crimes such as murder and rape; in these cases juveniles between the ages of 14-17 |

|[pic] |are transferred to the adult criminal justice system. |

| |There are clear distinctions between the criminal and juvenile justice system. The primary goal of the JJ system is |

| |rehabilitation. In this system, juveniles have confidentiality rights and their hearings are not open to the public.|

| |But victims and up to two support persons can be present at any hearing. If the victim, support persons or advocate |

| |are provided confidential information they are bound to keep that information confidential. |

| |Let’s looks at other distinctions. |

| |Note: Refer participants to the Juvenile Justice Flowchart in their Participant Manual. |

| |As shown on the chart, the terminology used in the juvenile system — for players, processes, and decisions — differs|

| |from the terminology of the adult court. For example, a young person in the Juvenile Justice System is not |

| |“convicted”; rather, they are “adjudicated.” |

| |σWhat stands out for you as you look at the different terms? |

| |Note: Responses might include: the terms in the juvenile justice flowchart are more oriented to interventions and |

| |the system has many avenues for diversion. |

| |σIn your experience, how do victims respond to the difference in the age of the perpetrator and the juvenile justice|

| |system? |

| |Note: Responses might include: Some victims see their perpetrator as a troubled young person and view this as more |

| |humane approach. Other victims think that the system is too soft. To them it feels like they’re not getting justice.|

| |Or, they think that the youth is being “excused” for their wrongdoing. |

|Slide: Military Justice System |?Members of the military are subject to the “Uniform Code of Military Justice” which lays out the laws governing the|

|[pic] |military justice system. Although this Code was enacted by Congress, ultimately it is the President, as Commander in|

| |Chief, who prescribes the procedures and punishments for violations of crimes — usually through “executive orders.” |

| |The power to make case decisions about charges and punishments rests with military commanders, who can take actions |

| |ranging from administrative sanctions to courts-martial. |

| |The Department of Defense has defined victim rights for all sectors of the military. These are the right to: |

| |• Fairness and respect |

| |• Reasonable protection |

|[pic] |• Notice of court-martial proceedings |

| |• Be present at courts-martial |

| |• Confer with attorney |

| |• Available restitution |

| |• Notice of outcome of trial, and release from confinement |

| | |

| |The DoD has also established victim services, which include: |

| | |

| |• A “Family Advocacy Program” (FAP) for all branches |

| |• A hotline offering counseling for victims of sexual harassment (Army, Navy, Marine Corps, Air Force) |

| |• Sexual-Assault Victim Intervention Program (Navy) |

| |• Financial Assistance |

| |Sometimes members of the military who have been victimized are reluctant to report a crime to military police |

| |because they fear that it will negatively affect their position, or that word of the report will spread throughout |

| |the base. In these situations, the military offers the option of “restricted reporting” in which a victim can |

| |receive medical treatment and counseling without triggering an official investigation. However, the issue of |

| |“restricted” versus “unrestricted” reporting has generated considerable controversy. |

|Slide: Tribal Justice System |?Some advocates work in jurisdictions with reservations and other tribal lands. |

| |σLet’s have a show of hands: How many of you come from counties where there are tribal groups? |

|[pic] |?Justice on tribal lands is complex because it’s governed by a mix of federal, state, and tribal jurisdictions. The |

| |determination of which system will handle a case depends on the type of crime, and whether or not the people |

| |involved as victim or offender are tribal members. |

| |Under the “Major Crimes Act,” the Federal government is responsible for sixteen types of offenses, although the |

| |tribal courts may have concurrent jurisdiction. |

|[pic] |As part of their struggle to maintain sovereign powers, tribal nations have developed their own courts that are |

| |hybrids of various justice approaches: |

| |- Family and community forums |

| |- Traditional courts |

| |- Courts of Indian offenses |

| |- Tribal courts |

| |- Indigenous peacekeeping systems |

| |- Spiritual, holistic, and restorative practices |

| |If you come from a jurisdiction that includes tribal lands, try to arrange a visit to learn about these communities,|

| |their systems of policing and justice, and how they coordinate with your county’s law enforcement and criminal |

| |justice system. |

|Slide: Federal Justice System |?The US Department of Justice operates ninety-four offices nationwide staffed with US Attorneys who prosecute |

|[pic] |particular violations of criminal law, often depending on where the offense was committed. The US Attorney General |

| |issues guidelines for victim and witness assistance. They are on your the CCVAA website on the page “Entry-Level VWA|

| |Training.” |

|Slide: Civil vs. Criminal | ?Because District Attorneys are part of the criminal justice system, and most California advocates are based in the|

|[pic] |office of a DA, you’ll most often be assisting victims in criminal cases. However, you’ll occasionally deal with |

| |victims involved in civil actions. So it’s essential to understand the differences between these two systems. |

| | |

| |There are three primary differences:[iv] |

| | |

| |1 In the criminal court, the government brings suit against (prosecutes) a person who they believe has broken the |

| |law (the defendant). |

| | |

| |Whereas… |

| | |

| |In the civil court, one or more people who feel they have been harmed (referred to as the “plaintiffs”) bring a |

| |complaint against another person or people (the defendants). Sometimes the government is the plaintiff or the |

| |defendant. |

| | |

| |2 In the criminal court, the guilt of the defendant must be proved “beyond a reasonable doubt.” |

| | |

| |Whereas… |

|[pic] | |

| |In the civil court, reasonable doubt is not required. Instead, a "preponderance of evidence" is enough in most |

| |cases. |

| | |

| |3 In the criminal court, if the defendant is convicted, they may have to serve time in jail or pay a fine. |

| | |

| |Whereas… |

| | |

| |In the civil court, the plaintiff can ask the court to order the defendant to pay money to remedy the situation |

| |(“monetary relief”). Or, plaintiff can ask the court to order the defendant to do or not do something (“equitable |

| |relief”). |

| | |

| |As an advocate, you’re most likely to encounter the civil court system in cases of child abuse or neglect because |

| |these are most often handled by a civil court called the “Dependency Court” or the “Family Court.” In most |

| |jurisdictions, a social service agency, often called “Child Protective Services” (CPS) works on behalf of the |

| |Dependency Court to investigate reports of child abuse and neglect. |

| | |

| |The role of a CPS social worker is very different from the role of a VW advocate. The CPS worker is primarily an |

| |investigator, while the advocate offers information and support. |

| | |

| |Because Child Protective Services is part of a civil process, it can remove a child from a home based on just a |

| |“preponderance of evidence.” But if the case is taken up as well by the criminal justice system, arresting the |

| |abuser requires a higher standard evidence referred to as “probable cause.” Convicting the abuser would require the |

| |even higher standard of “beyond a reasonable doubt.” |

| |σ What tips might you offer other advocates for working with these justice systems? |

| |Note: Write tips on the chart pad. Add some of your own. |

|Break [pic] 10 minutes |

|Helping Victims Express The Impact in a Statement [pic] 15 minutes |

|Slide: Victim Impact Statement |? Once an offender has been convicted or pleads guilty; the victim has the right to state their feelings about the |

| |crime and its impact on their lives. This right is covered in penal code section PC 679.01(a)(3) and (4), and in PC |

|[pic] |1191.1 Marsy’s Law also discusses the right to be heard. |

| | |

| |The Victim Impact Statement can take many forms. Some victims develop a written statement and read it to the court |

| |at the time of sentencing. Others prefer to make a verbal statement to the Probation Officer who completes the |

| |Presentencing Report for the Court. Some victims have chosen to create a DVD which is shown to the court at the time|

| |of sentencing. |

| | |

| |Although there is no standard form used statewide for victim impact statements, many non-governmental agencies, |

| |including Mothers Against Drunk Driving, will provide crime-specific templates that can be helpful. We’ve also |

| |included a couple of examples in your Participant Manual. |

| | |

| |The advocate’s role with victim impact statements varies from county to county.  Some advocates devote a lot of |

| |their time to assisting victims with the VIS, including assisting with creating the DVD and then arranging the |

| |correct equipment and viewing capacity in court on the day of sentencing. |

| | |

| |Oftentimes, the process of writing a VIS can bring up very complicated emotions for victims. During this time, |

| |advocates can assist victims and families with figuring out what they want to say and how to express it in |

| |writing. If a victim or family member becomes too upset to read the statement to the court, the advocate may step in|

| |to read it for them. |

| | |

| |σ How do you deal with Victim Impact Statements when the victims speak a first-language other than English? |

| | |

| |Note: Responses will vary based on the resources available to the advocate or victim. |

| | |

| |? At the outset, the advocate needs to brief the victim or family about the purpose of the statement, the various |

| |forms it could take, and how and when it will be used. The following points are part of the briefing: |

| | |

| |be clear that the statement should be about them—the victim or family |

| |the statement doesn’t guarantee an outcome |

| |it can read by the victim, a family member, or the advocate |

| |it can be something other than a statement — for example a collection of photos. |

| |it can be pre-recorded/video |

|Slide: Victim Impact Statement – |? Each victim may take a different approach. We talked with several advocates to find out how they work with |

|Advocate Approaches |victims. Several advocates have worked with victims to express their impact in ways that are most comfortable for |

|[pic] |them. |

| | |

| |Note: Ask a participant to read the slide for everyone. |

| | |

| |“I have worked with many victims who have been more creative, including creating an art piece to display to the |

| |Judge or, as is typical in murder cases, many families opt to make a DVD using photos of the deceased victim as both|

| |a tribute and a representation of the life that was lost.” |

| |  |

| |Kasey Halcon |

| |Santa Clara County District Attorney’s Office |

| |Santa Clara County |

| | |

| |In Kasey’s experience she has found there are very few barriers to creating a victim impact statement other than |

| |translation issues. |

|Slide: Victim Impact Statement – |? Erin Osanna from Alameda County often helps victims write their statements.  She sets up meetings at their |

|Advocate Approaches |request, and “brainstorms” with them.  She asks their feelings about what happened to them and tries to get them to |

|[pic] |open up about how the crime has affected their life.   |

| |Note: Ask a participant to read the slide. |

| |Depending on the need/desire of the victim, I will sometimes type it up for their review.  Other times victims will |

| |email me their rough draft and ask me to edit it.  Once the final draft is complete, I will submit it to the |

| |Probation Department to include in their pre-sentencing report and to the sentencing/trial D.A.  I will make copies |

| |for the defense attorney, the Judge and the court reporter.  If requested, I will stand for support with the |

| |victim/family member as they read his/her statement aloud in court.   |

| |Sometimes victims will want to write a letter or an impact statement to the Judge as soon as the case is charged.  |

| |We do not recommend this.  It’s best to wait until the case resolves and the victim has had time to really think |

| |about all that has happened.   |

| |However, if it’s a misdemeanor case, there is no official sentencing date.  So it’s best to get the impact statement|

| |into the D.A. file as soon as possible, just in case the defendant resolves his/her case and is sentenced right |

| |away.   |

| |As Erin further explained, the only real barrier is getting victims to understand that the impact statement is a |

| |choice and for their benefit.  Sometimes victims feel that it doesn’t matter what they say because 1) the defendant |

| |isn’t sorry and won’t be listening and 2) there is a set disposition and the punishment will not change. |

| |In your Participant Manual, we have included a few examples of outlines or suggestions for a statement format from |

| |offices in the state, along with a couple of examples of impact statements written by victims. Take a few minutes to|

| |read them. |

|Anchor Case Activity: Creating the Impact Statement [pic] 30 minutes |

|Slide: Planning to help your client |Note: Handout new anchor case information for this activity. |

|create a victim impact statement |? Once again we come back to your case. Because you are still at an early stage of the process, it is too soon to |

|[pic] |work with your client to create an impact statement. But it is not too early for you to be observing and noting all |

| |the impacts along the way. And it’s not too early to be thinking about what options to explore later for creating |

|[pic] |that impact statement – as well as the resources your victim might call upon to help them, for example, a friend or |

| |family member to read the statement. |

| | |

| |Let’s return to the anchor case studies. Based on all the information you have received about your client write a |

| |list of impacts you have observed and the victim has identified that you would discuss with your victim at the time |

| |a VIS might be needed. |

| |Identify the options you might suggest for presenting the VIS and supports the victim might call upon - given the |

| |characteristics of your client. Following the sample Victim Impact Statements in your Participant Manual is a |

| |worksheet for this activity, “Planning to help your client create a victim impact statement.” Take 15 minutes to |

| |complete the assignment. |

| | |

| |Note: Have each group report out their list. If time permits ask others to add any tips they think might be |

| |important to add. Add any you think are missing. |

| | |

| |The following is a brief summary of the updates: |

| | |

| |Carolina: After almost two years the trial is set. Carolina is petrified to see the defendant again and having to |

| |talk about what happened to her. She is afraid that she will be questioned about her in-patient hospitalization and |

| |her drug use while on the stand. Carolina’s depression is coming back and her parents are worried she will go back |

| |to using unhealthy coping strategies again. |

| |Betty: The police arrest her grandson. Several charges have been filed against him for elder abuse, being under the|

| |influence, drug possession, possessing drug paraphernalia, vandalism and stolen property. Betty distrusts the |

| |criminal justice system. She keeps referring to how the “jury will never take his side.” Her grandson calls from |

| |jail to come and bail him out. |

| |Sean: A suspect is identified and arrested. The Detectives notify Sean’s mother and let her know the court date. The|

| |DDA decides more investigation is needed and no charges are filed. The suspect is released from custody, outraging |

| |Sean’s family and friends. As everyone is leaving court you hear Sean’s friends talk about taking care of things |

| |themselves. Sean’s mother and boyfriend want to talk with the District Attorney directly. |

| |Diane: Diane had grown fearful for her safety but after the threat, she called law enforcement and got them |

| |involved. Law enforcement opened an investigation and arrested him for felony stalking. Her husband was found to be |

| |carrying a knife and duct tape on his person. Diane fears seeing him at the first court date. Diane pled with her |

| |Advocate to not make her testify. |

| |? Before we leave this topic, if you want to read more about the navigating the criminal justice system, there is |

| |document titled: An Overview for Advocates of the California Justice System on the resource webpage. This document |

| |provides more detailed information about each step and type of justice system. |

[pic][pic]

-----------------------

[i] Adapted from the National Center for Victims of Crime website at:

.

[ii] Heather Warnken, Untold Stories of California Crime Victims: Research and Recommendations on Repeat Victimization and Rebuilding Lives. The Chief Warren Institute on Law and Social Policy. April, 2014. Pages 13-14.

[iii] From a personal communication with Helen Herbert, December 8, 2015.

[iv] Adapted from “The Difference between Civil Courts and Criminal Courts.” The Leadership Conference on Civil and Human Rights. . Retrieved September 26, 2012.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download