Victims in the Criminal Justice System

15 November

1. Judge Steve Elke (?): former DA, 2 years on bench, also private practice, US attorney's office
2. Brian Brophy: former DA, ADA, now in private practice
3. Holly Thompson: DA's office - DOT grant: traffic cases
• Parallel to Brady, there are cases that require the turnover of material that would be useful on cross. Sometimes, though, these things might turn up in a victim impact statement.
• Judges usually have an idea of where they're going with a sentence, but it can be influenced by argument.
• Having your client speak at sentencing is risky: they are nervous, and they have a tendency to want to minimize their conduct or plead for their lives when they should be saying "I'm sorry." One strategy: have them write something in advance, go over it with them. When they break down reading it, take it from them and ask permission to read the remainder into the record.
• State: 6-7; 10 esi (count 1); AODA, ignition interlock 10 yrs; no contact; restitution
• Court should not consider collateral effects of sentence (e.g., effects on others) as mitigating. Well, at least that's not Gallion material; but there's a federal case to that effect as well.
• "The public pays attention:" is that a legit argument?
• Cancer survivor: why is that a big deal here?
• "Vengeance has no foresight" -- W. Churchill