Victims in the Criminal Justice System

6 September 2011

• Jill Karofsky: UW Alum, then Dane County DA, then child abuse/assault cases took their toll. Then NCBE. Taught trial ad sometimes. This case is in response to the release of a convict without any care for the victims. Worked w/DoJ for a while, now appointed to victims services bureau.
• Judy Gunderson: Also a UW alum (1987), then trust administrator for a bank, then jury duty (and a friend was prosecutor), then DA for 10 years. Then NCBE. Prosecutor case load is several hundred cases: no time to think about victims.
• Tammy Speranza: DoJ training organizer
• 15 page paper due prior to end of semester.
• Audrey Skorowski (sp?) will lead 9/20 on domestic violence
• NCLVI @ Lewis & Clark law school.
• Wis. Stat. § 950 is the victims' rights section.
• Private prosecution --> public-private (england)
• Quasi-public prosecution allowed the government to start to take advantage of crime (w/fines, etc.). Sort of a cynical view of things.
• But really public prosecution is about punishing and deterring. Some states still have private prosecution (Alabama, Montana, Arkansas). In fact, you can do this a little in WI, if the prosecutor won't bring an action.
• Consider maybe the International Criminal Court (procedurally, for example, there's no right to a jury trial). See Article 68 (rights) and Article 83 (reparations). It currently monitors six situations: Congo, Uganda, etc. "Victims' representatives" (because there are too many victims to appear in person) make statements at closing arguments.
• Speakers:
  • Rebecca: DA (Victim Witness Unit)
  • Julia: Victim in complaint we read
  • Denise: MPD detective
• Julia feels she had outstaning support from investigators, prosecution, etc. Never felt like just "a case."

  Victim impact statement.

  Court dates were hard: this was a form of manipulation, she believes. Only reason he took the plea was that his back was up against the wall. 19 months of process.

  SSI.

  Plans to be an anti-violence advocate, appeal to Sumi to join in that effort by sentencing. Sumi also handled their divorce (in process at the time).

• Google/CCAP this case; husband owned a printing co; houses inforeclosure
• Prepped for trial 4 times. Went to every hearing (often sat in isolated conference room, because it wasn't clear if she'd have to testify. Wanted to be present so everyone could see she wasn't just a name on a piece of paper. There was also probation revocation stuff going on.

  He had been in domestic violence class, was judged as being at high risk for reoffence. He'd had prior issues with first wife, not 2nd (she couldn't have kids, apparently), but these had mostly been knocked down to disorderly conduct. Then there were 2 actual domestic violence incidents with arrests. He had attempted suicide (total of 3 times, apparently).

  Lots of other battery and disorderly incidents, not just domestic.

  She moved 14 times in the 6 years they were together.

• Generally speaking, attempted homicide is pretty hard to prove, because the victim didn't die, so the jury always wonders about intent, etc.
• One of the kids also gave a victim impact statement.
• Note: the victim can't fire the prosecutor, but the defendant can fire the defense attorney