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Victims’ Rights, Victims’ Expectations, and Law Enforcement Workers’ Constraints in Cases of Murder

Published online by Cambridge University Press:  27 December 2018

Sarah Goodrum
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Abstract

Research on crime victims and their experiences with the criminal justice system suggests that victims’ rights (e.g., victim impact statements) and victims’ services (e.g., crime victims’ compensation, counseling) have not significantly improved victims’ satisfaction with the criminal justice system or their recovery from the crime. Thus, we appear to know little about how to satisfy and assist victims of crime. This study uses the symbolic interactionist perspective to examine victims’ experiences with law enforcement workers (e.g., detectives, counselors) with a focus on people who have lost a loved one to murder (“bereaved victims”). The data come from in-depth interviews with thirty-two bereaved victims, seven law enforcement workers, and three crime victims’ advocates in Union County (pseudonym). Bereaved victims define the victim role differently from law enforcement workers, creating two main points of conflict with workers: (1) a conflict over their deceased loved one's body, and (2) a conflict over the flow of information in the case. Bereaved victims’ frustrations over these conflicts created problems for their recovery. Bereaved victims’ efforts to see their deceased loved one's body, guide detectives’ investigation, and learn information about the murder and the investigation took a back seat to detectives’ interests in protecting the integrity of the investigation and building a strong case for the prosecution. Policy implications are discussed.

Type
Articles
Information
Law & Social Inquiry , Volume 32 , Issue 3 , Summer 2007 , pp. 725 - 757
Copyright
Copyright © American Bar Foundation, 2007 

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References

Amick-McMullan, Angelynne, Kilpatrick, Dean G., and Resnick, Heidi S. 1991. Homicide as a Risk Factor for PTSD Among Surviving Family Members. Behavior Modification 15:545–59.Google Scholar
Amick-McMullan, Angelynne, Kilpatrick, Dean, Veronen, Lois J., and Smith, Susan. 1989. Family Survivors of Homicide Victims: Theoretical Perspectives and an Exploratory Study. Journal of Traumatic Stress 2 (1): 21–35.Google Scholar
Ashworth, Andrew. 2000. Victims’ Rights, Defendants’ Rights, and Criminal Procedure. In Integrating a Victim Perspective with Criminal Justice: International Debates, ed. Crawford, Adam and Goodey, Jo. Burlington, VT: Ashgate.Google Scholar
Blumer, Herbert. 1969. Symbolic Interactionism: Perspective and Method. Berkeley: University of California Press.Google Scholar
Burgess, Ann Wolbert. 1975. Family Reaction to Homicide. American Journal of Orthopsychiatry 45:391–98.Google Scholar
Callero, Peter L. 1986. Toward a Meadian Conceptualization of Role. The Sociological Quarterly 27 (3): 343–58.Google Scholar
Carr, Patrick J., Logio, Kim A., and Maier, Shana. 2003. Keep Me Informed: What Matters for Victims as They Navigate the Juvenile Criminal Justice System in Philadelphia. International Review of Victimology 10:117–36.Google Scholar
Davis, Robert C. 1985. First year evaluation of the victim impact demonstration project. New York: Victim Services Agency.Google Scholar
Davis, Robert C., and Smith, Barbara E. 1994. Victim Impact Statements and Victim Satisfaction: An Unfulfilled Promise? Journal of Criminal Justice 22:1–12.Google Scholar
Doerner, William G., and Lab, Steven. 1980. Impact of Crime Compensation Upon Victim Attitudes Toward the Criminal Justice System. Victimology 5:61–67.Google Scholar
Elias, Robert. 1984. Alienating the Victim: Compensation and Victim Attitudes. Journal of Social Issues 40:103–16.Google Scholar
Erez, Edna. 1994. Victim Participation in Sentencing: And the Debate Goes On. International Review of Victimology 3:17–32.Google Scholar
Erez, Edna. 1999. Who's Afraid of the Big Bad Victim? Victim Impact Statements as Victim Empowerment and Enhancement of Justice. Criminal Law Review July: 545–56.Google Scholar
Erez, Edna. 2000. Integrating the Victim Perspective in Criminal Justice through Victim Impact Statements. In Integrating a Victim Perspective within Criminal Justice: International Debates, ed. Crawford, Adam and Goodey, Jo. Burlington, VT: Ashgate.Google Scholar
Erez, Edna, and Belknap, Joanne. 1998. In Their Own Words: Battered Women's Assessment of the Criminal Processing System's Responses. Violence and Victims 13 (3): 251–68.Google Scholar
Erez, Edna, and Bienkowska, Ewa. 1993. Victim Participation in Proceedings and Satisfaction with Justice in the Continental Systems: The Case of Poland. Journal of Criminal Justice 21:47–60.Google Scholar
Erez, Edna, and Laster, Kathy. 1999. Neutralizing Victim Reform: Legal Professionals’ Perspectives on Victims and Impact Statements. Crime and Delinquency 45:530–53.Google Scholar
Erez, Edna, Roeger, Leigh, and Morgan, Frank. 1997. Victim Harm, Impact Statements, and Victim Satisfaction with Justice: An Australian Experience. International Review of Victimology 5:37–60.Google Scholar
Erez, Edna, and Rogers, Linda. 1999. Victim Impact Statements and Sentencing Outcomes and Processes. British Journal of Criminology 39 (2): 216–39.Google Scholar
Erez, Edna, and Tontodonato, Pamela. 1992. Victim Participation in Sentencing and Satisfaction with Justice. Justice Quarterly 9:394–415.Google Scholar
Frohmann, Lisa. 1998. Constituting Power in Sexual Assault Cases: Prosecutorial Strategies for Victim Management. Social Problems 45:393–407.Google Scholar
Goodrum, Sarah. 2005. The Interaction between Thoughts and Emotions following the News of a Loved One's Murder. Omega: The Journal of Death and Dying 51 (2): 143–60.Google Scholar
Goodrum, Sarah, and Stafford, Mark C. 2003. The Management of Emotions in the Criminal Justice System. Sociological Focus 36 (3): 179–96.Google Scholar
Hagan, John. 1982. Victims before the Law: A Study of Victim Involvement in the Criminal Justice Process. Journal of Criminal Law and Criminology 73:317–29.Google Scholar
Janzen, Linda, Cadell, Susan, and Westhues, Anne. 20032004. From Death Notification through the Funeral: Bereaved Parents’ Experiences and their Advice to Professionals. Omega : The Journal of Death and Dying 48 (2): 149–64.Google Scholar
Kelly, Deborah. 1990. Victim Participation in the Criminal Justice System. In Victims of Crime: Problems, Policies, and Programs, ed. Lurigio, Arthur J., Skogan, Wesley G., and Davis, Robert C. Newbury Park, CA: Sage.Google Scholar
Kenney, J. Scott. 1995. Legal Institutions and Victims of Crime in Canada: An Historical and Contemporary Review. Humanity and Society 19 (2): 53–67.Google Scholar
Kenney, J. Scott. 2004. Human Agency Revisited: The Paradoxical Experiences of Victims of Crime. International Review of Victimology 11:225–57.Google Scholar
Kilpatrick, Dean G., and Otto, Randy K. 1987. Constitutionally Guaranteed Participation in Criminal Proceeding for Victims: Potential Effects on Psychological Functioning. Wayne Law Review 34:17–28.Google Scholar
Konradi, Amanda. 1996a. Preparing to Testify: Rape Survivors Negotiating the Criminal Justice Process. Gender and Society 10:404–32.Google Scholar
Konradi, Amanda. 1996b. Understanding Rape Survivors’ Preparations for Court: Accounting for the Influence of Legal Knowledge, Cultural Stereotypes, Personal Efficacy, and Prosecutor Contact. Violence Against Women 2 (1): 25–62.Google Scholar
Konradi, Amanda. 1997. Too Little, Too Late: Prosecutors’ Precourt Preparation of Rape Survivors. Law & Social Inquiry 22:1–54.Google Scholar
Konradi, Amanda. 1999. “I Don't Have to Be Afraid of You”: Rape Survivors’ Emotion Management in Court. Symbolic Interaction 22 (1): 45–77.Google Scholar
Lerner, Melvin. 1980. The Belief in a Just World: A Fundamental Delusion. New York: Plenum Press.Google Scholar
Lofland, John, and Lofland, Lyn. 1995. Analyzing Social Settings: A Guide to Qualitative Observation and Analysis, 3rd ed. Belmont, CA: Wadsworth.Google Scholar
Martin, Patricia Yancey, and Powell, R. Marlene. 1995. Accounting for the “Second Assault”: Legal Organizations’ Framing of Rape Victims. Law & Social Inquiry 19:853–90.Google Scholar
Mirowsky, John, and Ross, Catherine E. 1989. Social Causes of Psychological Distress. Hawthorne, NY: Aldine de Gruyter.Google Scholar
Montada, Leo, and Lerner, Melvin J., eds. 1998. Reaction and Victimization and Belief in a Just World. New York: Plenum Press.Google Scholar
[Omitted State Name] Department of Health. 2000. Homicide Data for [Omitted County Names], 1994–98 [MRDF]. [Omitted State Name] Department of Health, Bureau of Vital Statistics, Statistical Services Division [producer and distributor].Google Scholar
Rando, Therese A. 1993. Treatment of Complicated Mourning. Champaign, IL: Research Press.Google Scholar
Reed, Mark D. 1993. Sudden Death and Bereavement Outcomes: The Impact of Resources on Grief Symptomology and Detachment. Suicide and Life Threatening Behavior 23:204–20.Google Scholar
Rosenbaum, Dennis P. 1987. Coping with Victimization: The Effects of Police Intervention on Victims’ Psychological Readjustment. Crime and Delinquency 33:502–19.Google Scholar
Sales, Esther, Baum, Martha, and Shore, Barbara. 1984. Victim Readjustment Following Assault. Journal of Social Issues 40 (1): 117–36.Google Scholar
Sherkat, Darren E., and Reed, Mark D. 1992. The Effects of Religion and Social Support on Self-esteem and Depression among the Suddenly Bereaved. Social Indicators Research 26:259–75.Google Scholar
Skolnick, Jerome H. 1994. Justice Without Trial: Law Enforcement in Democratic Society, 3rd ed. New York: John Wiley & Sons.Google Scholar
Stenross, Barbara, and Kleinman, Sherryl. 1989. The Highs and Lows of Emotional Labor: Detectives’ Encounters with Criminals and Victims. Journal of Contemporary Ethnography 17:435–52.Google Scholar
Sudnow, David. 1965. Normal Crimes: Sociological Features of the Penal Code in a Public Defender Office. Social Problems 12:255–75.Google Scholar
U. S. Bureau of the Census. 2001. County Population Estimates for July 1, 1999 and Population Change for July 1, 1998 to July 1, 1999 (Population Estimates Program, Population Division). http://www.census.gov/population/estimates/county/co-99-1/99C1_48.txt (accessed October 2, 2001).Google Scholar
Wiebe, Richard P. 1996. The Mental Health Implications of Crime Victims’ Rights. In Law in a Therapeutic Key: Developments in Therapeutic Jurisprudence, ed. Wexler, David B. and Winick, Bruce J. Durham, NC: Carolina Academic Press.Google Scholar
Wolcott, Harry F. 1994. Transforming Qualitative Data: Description, Analysis, and Interpretation. Thousand Oaks, CA: Sage.Google Scholar