Victims in the Criminal Justice System

8 November

• 1. Patrick Fiedler: former judge (1993-2011), USA for WD of WI
  2. Carrie Cattenaud-Davenport (sp) (Cat): AAG at WI DoJ
  3. Chris Van Wagner: former AUSA in Madison, prosecutor in NJ also
• Multiple victims in the same case may have totally different relationships with the judicial process.
• The criinal justice system isn't designed to bring closure to victims-- it's for the public. Deciding whether someone is guilty, and deciding how to punish them, are not steps that are intended to help victims.
• All three speakers were deeply affected by prosecuting cases with sexual assault victims.
• A prosecutor has to look out for victim rights (§ 950), but is not the victim's lawyer.
• Victims can sit at counsel table if they prosecute a civil suit, because then they're a party.
• Deciding when the victim can make a statement: before or after defendant speaks?
• A judge who has to run for election every 6 years has to be careful what he/she says about a victim.
• Schiffer (sp?) motions: access to victim psychiatric records. Green is a subsequent case, apparently. This is for if exculpatory evidence arises as a result of treatment for trauma, etc. If the victim refuses to allow the release, their testimony is barred. So a judge can review and redact, and then the victim gets to say if the redacted version can be released.

  This is sometimes used as a fishing expedition, but the standards are getting higher (i.e., you have to show that it's more than just a mere possibility that there will be something exculpatory).

  But this is one of the rare instances in which a victim can have total control over a case.