Stages

http://usgovinfo.about.com/od/defenseandsecurity/a/randon911.htm (Links to an external site.)

 (Links to an external site.) Although the September 11 Victim Compensation Fund was set up to pay reparations for hardships faced by victims in order to preclude excessive litigation, many victims have sought out lawsuits against many transportation and security companies. Some of the largest companies under litigation are MassPort (an independent company that oversees transportation in Massachusetts), United Airlines, and American Airlines. Some plaintiffs have sought more money because they felt they deserved more than was given to them by the federal government and insurance companies. Additionally, in some cases attorneys prompted them to try to get a larger settlement. The September 11 Victim Compensation Fund was set in place to preclude extraneous litigation, but nothing can totally prevent Americans from trying to get large sums of money for suffering.

Americans live relatively safe lives compared to many other countries, and citizens expect to be defended from violence. When it happens, they expect someone to pay for their emotional trauma and financial hardships. Indeed, we are a very litigious society. Nevertheless, was the attack really anybody’s fault but the terrorist group? Moreover, why are the funds coming from the U.S. and not the terrorist groups responsible for it? According to some policy analysts, the doors have been left open for fraudsters to try to take money from the system.

Traumatic events create conditions in which psychologists and social workers can show that they can help people manage losses and grow as persons following painful trials. Perhaps the lesson here is that if we avoid becoming greedy at a time when excessive litigation is possible, our country can unite and strengthen in the face of disaster. We can still being monetarily compensated for our losses without trying to get rich with excessive litigation. Reparations are good in moderation, but large tort lawsuits hurt our economy, raise insurance rates, and generally overlook the real outcome of terrorism: emotional trauma. We have to keep that in mind and in context when deciding policies.

Now, this week, your readings are chapters six and seven of the Karmen (2009) textbook and two journal articles. Chapter six concerns how victims relate to the criminal justice system. We just spoke about reparations in our guidance, but is that what victims really want? Or do they want the offenders punished or maybe, towards the other direction, treated for their criminality and illness? Please read this chapter and investigate how victims are treated in the criminal justice system, and the procedures and processes they go through. Do you think they are victimized a second time, this time by our system? Many think so. Here’s a video, from the U.K., that demonstrates a little of what we are talking about: http://www.youtube.com/watch?v=4NUfhxEh1uE (Links to an external site.)

 (Links to an external site.) Chapter seven of the Karmen (2009) textbook goes further on about the relationship between victims and the criminal justice system, investigating the roles of legal decision-makers. Prosecutors often use victim impact statements to further their case. Please go to this webpage and review one or two of the victim impact statements contained there: http://www.youtube.com/results?search_query=victim+statement (Links to an external site.) . Here is a more current victim impact statement where the younger brother of a murdered man forgives the killer and asks to give her a hug: https://www.youtube.com/watch?v=32sundarGl0 (Links to an external site.) . Brandt Botham definitely takes a different stance. What do you think will help the family more in this case (i.e. will anger at the victim impact statement bring closure or would forgiveness do better)? Not everyone can forgive like this, and it is a good example of seeing it go another way. It is very emotional and you can see the judge crying as she lets the witness hug the accused. It is just something to see.

What effect do you think victim impact statements have on a case? Is this a chance for victims to be involved to help the system, or does this play on the emotions of the legal decision-makers, precluding rationality in sentencing? Please do all required reading and take part in this week’s discussions. As always, please get a hold of me with any questions or concerns. Thanks!

-Dr. K.

References

Brown et al. v. Mississippi, 297 U.S. 278 (1936).

Byrne, H. (2012). Issues in criminal justice – How the criminal justice system fails victims. Retrieved from https://www.youtube.com/watch?v=4NUfhxEh1uE.

CBSDFW. (2019). "I Forgive You" - Botham Jean's Younger Brother Brandt Hugs Amber Guyger After She Was Sentenced For…”. Retrieved from https://www.youtube.com/watch?v=32sundarGl0.

Karmen, A. (2009). Crime victims: An introduction to victimology (7th ed.). Belmont: Wadsworth Cengage Learning.

Liebman, J. S. (2002). Rates of reversible error and the risk of wrongful execution. Judicature, 86(2), 78-82.

The Innocence Project. (2010). Facts on post-conviction and DNA exonerations. Retrieved March 20, 2010 from http://www.innocenceproject.org/content/351.php (Links to an external site.)

Thought Cr. (2017). RAND report details 9-11 victims compensation. Retrieved from https://www.thoughtco.com/rand-report-9-11-victims-compensation-3321338.

US Congress. (2004). The justice for all act of 2004. Retrieved March 20, 2010 from http://www.govtrack.us/congress/billtext.xpd?bill=h108-5107

YouTube. (2019). Results for “victim statement” search. Retrieved from https://www.youtube.com/results?search_query=victim+statement.