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Chapter 1: Introduction to the Study
Background
Little is known about the experiences of victims as they progress through the
criminal justice process. Victims’ and secondary victims’ experiences related to
notification of the crime, crime investigation, and prosecution of the offender are
relatively well documented. In contrast, the literature on victim experiences after the
offender has been incarcerated is minimal, according to my review of the literature. The
previous research focuses on primary victims. In particular, there has been a lack of
research concerning secondary victims and their experiences during the parole process.
The parole process is initiated when the offender is up for parole, which is deemed by a
judge. The process includes a hearing in which the offender and victim state their cases
for release or further incarceration in front of a board.
The loss of a loved one due to crime is a traumatic experience for many
individuals. For victims’ family members and friends, the parole process can remind
them of the crime and lead them to become involved once again in the criminal justice
process. The process keeps the crime at the forefront, rather than the victims being able to
move on with their lives. Research is needed regarding secondary victims’ roles and
experiences with the parole phase of the criminal justice process. There is little to no
research on the effects of the parole process on victims. On a broader level, as
Pemberton, Winkel, and Groenhuijsen (2008) stated, there is a need for greater
understanding of emotional restoration, as victim’s progress through the criminal justice
system.
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By creating and reading the victim impact statement, crime victims can present
more than just their factual testimony in the courts and during the parole process. The
victim impact statement is a statement that is read by the victim to the offender detailing
the victim’s feelings and wishes in regard to the crime. In a study of victim impact
statements and sentencing transcripts, Englebrecht (2012) examined the rules that
regulate victim participation in the criminal justice system as well as how victims engage
in the criminal justice process. Englebrecht scrutinized victim participation through the
lens of rules and regulations as well as from the perspective of criminal justice workers.
Secondary victims were included in the study but were grouped together with primary
victims. Englebrecht suggested that there is a lack of research on the experiences of some
of the victims who participate in the criminal justice system.
Miller (2014) also examined the use of the victim impact statement. Focusing
specifically on victims of sexual assault, Miller found that victim impact statements
helped victims with the coping process by giving them a voice in front of the offender.
Authors of another study concerning the benefit of face-to-face meetings with the
offender officers of the court (Sherman et al., 2005) indicated that such meetings enable
victims to regain control and satisfaction through restorative justice.
Victims can have a plethora of effects when engaging with the criminal justice
system. O’Brien (2010) discussed crime victimization and the psychological trauma that
can affect those who experience crime. According to O’Brien, suicide and substance
abuse are more prevalent among crime victims than in the general public. Further,
O’Brien observed that, even though there are multiple victim services in many
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jurisdictions, only 46% of violent crimes are reported, suggesting that these services are
underused. Parsons and Bergin (2010) examined the positive and negative impact of
criminal justice involvement for victims. They concluded that there is a need for further
work and research in the areas of restorative justice, victim impact statements, victim
services, and victim advocates.
Proponents of restorative justice advocate repairing the harm done to victims
through mediation and victim empowerment (Choi, Green, & Gilbert, 2011). Restorative
justice illustrates a need for victim services and for making victims’ experiences within
the criminal justice system positive. Mechanisms of restorative justice expand victims’
rights and provide alternatives to existing policy and practice, by giving the victim’s aid
and choices as they progress through the system (Choi, Green, & Gilbert, 2011). Choi et
al. (2011) stated that in order for restorative justice to be implemented by the criminal
justice system, it is necessary to understand the importance of the interpersonal
dimension of crime and the roles of the people who are involved (Choi et al., 2011).
Restorative justice allows victims to have an active role in the criminal justice system.
In analyzing the 20th century victims’ rights movement in the United States,
Caplan (2010) described a shift from meeting the needs of inmates to responding to those
of victims. In recent years, victims within the United States, have gained increasingly
prominent roles in the parole process (Caplan, 2010). Caplan offered recommendations
for paroling authorities to preserve their function in the criminal justice system while
maintaining justice for victims.
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Violent crime not only affects the victim, but the friends and family of the victim.
The friends and family of homicide victims endure the death of a loved one and may
endure a trial and, subsequently, the parole process. Research shows the shift in the
criminal justice system towards victim’s rights, yet there is a lack of data on secondary
victim’s experiences during the parole process, based on the literature review (Caplan,
2010). In this study, I sought to contribute knowledge regarding secondary victims and
their experiences of the parole process.
Problem Statement
Researchers have identified several important phenomena experienced by primary
and secondary victims in the criminal justice process. Many victims are searching for
closure and a time to address the offender. Caplan (2010) found that that the opportunity
to provide input during parole review hearings did not guarantee victims satisfaction with
the outcome. At the same time, researchers have indicated that the establishment of
victims’ rights has helped victims to adapt more easily to the criminal justice system
(Caplan, 2010). In this way, victims’ rights have made it easier for victims to express
their emotions to courts and parole boards, thereby giving victims a voice (Verdun-Jones
& Tijerino, 2004).
The need for victim aid and research was apparent in the literature review. There
is a significant gap in the literature on secondary victims or the families of victims.
Secondary victims have been included in previous studies, but they have been included
with primary victims (Englebrecht, 2012). In addition to the paucity of research focusing
specifically on secondary victims, Englebrecht (2012) suggested that there is a lack of
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research on how victims may be further victimized within the criminal justice system.
Due to lack of aid and knowledge, victims can feel lost and vulnerable, thus creating
more victimization. This lack of knowledge has contributed to a lack of aid for victims
during the criminal justice process. Due to the lack of research on secondary victims,
there is a lack of aid provided for the victims (Englebrecht, 2012).
Scholars have also addressed how making a victim impact statement during the
parole process can not only help victims cope but also can have a direct correlation with
relational caring (Miller, 2014). The time spent writing down the victim’s feelings can
benefit the victim by getting their thoughts down on paper. In terms of relational care, the
act of writing the impact statement can be considered therapeutic. Revictimization and
exposure to secondary trauma are experiences that victims may encounter when
interacting with the criminal justice system (Miller, 2014).
Purpose of the Study
The purpose of this study was to determine the lived experiences of families of
victims of violent crimes as they progress through the parole process. This research may
aid secondary victims in obtaining support and aid during the postsentencing process by
making the criminal justice system more knowledgeable on the need for victim aid. Other
implications include enabling others within the criminal justice system to understand the
importance of engaging victims in the process and making the process as comfortable and
smooth as possible for families in order to decrease secondary trauma and
revictimization.
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Research Questions
I sought to answer two research questions:
RQ1. What are the lived experiences of secondary victims during the parole
process?
RQ2. What aid do secondary victims receive from the criminal justice system
during the parole process?
Conceptual Framework for the Study
Theories of secondary trauma and revictimization have been the basis for most of
the literature in the criminal justice field of study. Restorative justice theory is the
framework for this research endeavor. Restorative justice theorists identified social
engagement as the key component of the effort to create motivational environments that
nurture bonds of belonging (Morrison & Vaandering, 2012). The framework identified
violence in a context of understanding what happened and listening to the needs of those
affected by the violence (Morrison & Vaandering, 2012). This framework is ideal, I
believe, for understanding and documenting the lived experiences of secondary victims.
The framework identifies the need for victim aid, reconciliation, and compassion.
Restorative justice theory is based on resolution and reparation of harm (Morrison
& Vaandering, 2012). In the parole process, secondary victims have the opportunity to
be heard as well as to find resolution or closure concerning an act of violence committed
by the offender against one of their family members. Restorative justice theorists tend to
focus on the satisfaction of the victim when interacting with the offender or in an arena
concerning the offender (Borton, 2009). The theory relies on victim participation, and
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the proposed outcome is closure and satisfaction for the victim (Borton, 2009).
Armstrong (2012) found that restorative justice can improve victim satisfaction during
the criminal justice process.
Nature of the Study
The study is a qualitative phenomenological study. The data was gathered
through participant interviews. Phenomenological research was the most appropriate
approach for this study because I wanted to examine individuals lived experiences. The
participants in the study all have a shared lived experience in that they have been
involved in the parole process and have tragically lost a loved one after the tragic loss of
a loved one at the hands of an offender. The prolonged process of conducting interviews
allowed me to develop patterns and relationships.
I anticipated a pool of 10-15 participants will consent to participate in the study.
From the pool of participants, if 10-15 participants completed the study, saturation will
be met. The study examined their experiences from a phenomenological perspective.
The phenomenon investigated is the experience of secondary victims during the parole
process. The participants of this study were recruited from Parents of Murdered
Children. All the participants were secondary victims who have lost a family member to
homicide. Their participation in this study are voluntary.
Each participant completed a structured interview. The structured interviews
were used to collect data on the lived experiences of secondary victims. The data from
the structured interviews was coded and analyzed.
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Phenomenological data analysis will be applied to data in relation to the research
questions. Significant statements and themes will be identified in the data, following
Creswell’s (2009) recommendations. These themes and statements will then be used to
write descriptions of what the participants experienced and the context in which the
participants experienced the phenomenon. From the experiences and themes, an overall
description of common experiences will be presented and analyzed.
Definitions
Parole hearings: Hearings heard post sentencing. Once the offender is
incarcerated and has met the minimum sentence, the offender is put up for a parole
hearing to determine if the offender has been rehabilitated and should be released (United
States Department of Justice, 2015).
Restorative justice: The collaboration and theory that attempts to accomplish
justice and restoration for the victim, offender, and the community (Paul & Borton,
2013).
Revictimization: The term used when a victim of a crime feels that he or she is
once again a victim of a crime (United States Department of Justice, 2015).
Secondary victim: A victim of a crime who does not experience the crime or
violent assault firsthand. Usually defined as a family member or friend of the primary
victim.
Vicarious trauma: Distress and the shifts in cognitive schemas that follow a
secondary exposure to traumatic material or event (Aparicion, Michalopoulous, & Unick,
2013).
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Victim impact statement: A statement that allows the victim to communicate their
experience and emotion through written or oral form (Parsons & Bergin, 2010).
Assumptions, Limitations, Scope, and Delimitations
There were a few limitations to my research. The study focused on secondary
victims of homicide. Secondary victims of other crimes were not included in the study,
which means that it was not possible to generalize the data to all victims. The participant
pool was small, with only 10 participants, once again limiting the generalizability of data.
The phenomenological approach will require all participants to have experienced
the phenomenon in question; thus, there will be a common understanding among
participants (Creswell, 2013). The phenomenological approach also requires that the
researcher bracket any personal assumptions being brought into the study. It was
necessary for me to implement bracketing and to set aside my own understanding during
the research and the coding of data.
Significance
Upon reviewing the literature, I concluded that there is minimal research on the
lived experiences of secondary victims, especially as they work through the criminal
justice process. The study is unique, as it gave secondary victims a means of expressing
how they experienced the postsentencing phases of the criminal justice process. A focus
on the experience of secondary victims in the criminal justice system could be beneficial.
The information could aid criminal justice officials in finding avenues to make the
interaction between secondary victims and criminal justice officials efficient and
productive, which in turn could prove beneficial to both parties. Victims could
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experience less distress, and the criminal justice system could gain their full cooperation.
Secondary victims could thus help in the apprehension, prosecution, and incarceration or
offenders.
Research on the experiences of secondary victims could aid those in the criminal
justice system as well as other secondary victims. The reported data from this study will
lend a voice to these victims. Knowledge from the study could lead to more victim
advocacy and training for victims’ advocates on what to look for when addressing
revictimization and trauma. Society as a whole may benefit from this study, as its
conclusions may benefit future victims’ families and lead to the provision of more victim
services during the parole process. If they are able to attain improved well being,
secondary victims could continue to fulfill their various roles (e.g., at work and within
family) more consistently.
Summary
The parole process can be difficult for secondary victims. The process occurs
after sentencing and usually many years after the initial court proceedings relevant to the
crime. Secondary victims can choose to engage in the parole process. The literature is
virtually nonexistent on secondary victims and their experience with the parole process
and the aid they receive. The study examined the lived experiences of secondary victims
as they progress through the parole process.
The lack of literature in the area indicates the need for research on secondary
victims and their interactions with the parole process. Chapter 2 contains a review of
literature pertinent to the study. I examine victim input, homicide victims’ interaction
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with the criminal justice system, and mental health problems experienced by secondary
victims.
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Chapter 2: Literature Review
Introduction
Homicide affects many individuals who surround the victim. For these secondary
victims, the difficulty of enduring the loss of a loved one may be exacerbated by taking
part in the processes of the court system. If the offender is sentenced to time in prison,
there is often the possibility of parole. When the offender becomes eligible for parole,
secondary victims of the crime may feel as though they have been thrust back in time to
when their loved one was taken from them, after years of knowing that the person who
committed the crime was behind bars. Secondary victims often attend parole hearings
and write victim impact statements in an effort to keep offenders behind bars for the
remainder of their sentences.
The experiences of victims during the criminal justice process are documented to
some degree. Many of the studies that have been conducted on victims of crime have
involved primary victims and their experiences during criminal proceedings. In
reviewing literature on this topic, I found minimal research in the area of secondary
victims and their experiences as they progress through the parole process. In the study, I
addressed this gap in this literature by exploring the effects of revictimization, fear of
recidivism, and engagement in the criminal justice system on secondary victims
specifically. In this chapter, I review research relevant to victim studies and demonstrate
the lack of research in the area of secondary victims.
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Literature Search Strategy
The literature review was completed using a variety of search databases in order
to produce a list of relevant literature. The databases used for searches included
PsycINFO, PsycArticles, ProQuest, Walden University Theses and Dissertations, and
Google Scholar. The use of Walden University Library databases was helpful in
identifying sources and determining whether these sources were available from other
universities. The keywords used for general searches of databases were victims,
secondary, parole, experience, PTSD, impact, and homicide. I combined keywords to
narrow my searches by using the Boolean operators and, or, and not. The following
review of literature reflects the information gathered through these searches. I found no
articles that directly addressed the lived experiences of secondary victims as they
progressed through the parole process.
Conceptual Foundation
Restorative justice is a theory and philosophy that addresses the criminal justice
system from a pro-victim perspective. Proponents of restorative justice seek to expand
victims’ rights as well as highlight the importance of interpersonal relationships that
develop during the criminal justice process after a crime is committed (Choi et al., 2011).
The framework of restorative justice was derived from the reintegrative theory of
shaming, which was brought to the forefront by Braithwaite in the late 1980s (Choi et al.,
2011). Reintegrative shaming, though the starting point for restorative justice, differs in
the fact that restorative justice theory has a narrower focus on relationships and
interactions between courts, offenders, and victims (Choi et al., 2011).
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After a crime is committed, victims often want to seek justice, sometimes by any
means necessary (Paul & Borton, 2013). Advocates of restorative justice seek to
dissuade victims from focusing on revenge and to emphasize victims’ needs and
experiences (Paul & Borton, 2013). The experiences of a victim can be so intense
immediately after a crime that the victim becomes passionate about finding justice. Such
victims may attend each day of the offender’s trial, speak to officers and detectives
frequently, and then show up to parole hearings when the offender is set to be heard by
the parole board. The experience of completing a victim impact statement can cause a
victim to feel overwhelmed, alienated, and/or betrayed; victims in this situation may even
feel as though they have no rights (Paul & Borton, 2013). Many times, the work of
restorative justice is done through a facilitator in order to have the victim feel as though
he or she has a voice and is making a difference. Paul and Borton (2013) contend that
restorative justice can be an alternative way of handling the repercussions of crime (Paul
& Borton, 2013).
Research in the area of restorative justice theory has shown that restorative justice
can improve victim satisfaction and reduce offender recidivism (Armstrong, 2012).
When a secondary victim interacts with facilitators of justice (and sometimes with the
offender), the victim may benefit, in that he or she may have the sense of assuming an
active role in pursuing justice for a lost loved one. In a study that included
semistructured interviews with primary victims, researchers found that victims were
highly satisfied with a restorative justice approach (Armstrong, 2012). Likewise, the
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opportunity to interact with others and make decisions in the justice system can improve
the overall experience of a secondary victim.
Review of the Literature
An act of violence, especially when it results in death, can have far-reaching
effects on people close to the primary victim. The experiences of secondary victims can
be especially difficult during the parole process for the offender. The literature review
addressed victims’ interaction with the criminal justice system and the effects of a violent
crime on secondary victims. The literature is pertinent to the study, in that it indicates the
need for further research into secondary victims and the effects of crime on their mental
health and lives.
Parole Process in the United States
The parole process in the United States is based on the number of years served
and the terms of the sentencing. At the federal level, prisoners who are serving less than
30 years receive an initial parole hearing within the first 120 days of their sentence
through an application process; it adheres to their sentencing guidelines (United States
Department of Justice, 2015). The hearings are then held every 18 to 24 months to
determine if the original parole release is prudent or should be revisited at a later date
(CITE).
A parole hearing is a hearing held before a parole board and includes the offender
of the crime. The hearing determines whether the offender should be released in the
community under parole supervision or remain incarcerated (United States Department of
Justice, 2015). Only inmates eligible for parole come before a parole board for a hearing.
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Inmates who are up for parole may never be released back into the community before
their complete sentence is finished due to the decision of the parole board (United States
Department of Justice, 2015). When an offender is notified of a parole hearing, the
victim, or next of kin, is also contacted through mail or e-mail in regard to the upcoming
parole hearing (United States Department of Justice, 2015). Only victims, next of kin, an
immediate family are allowed to attend parole hearings (United States Department of
Justice, 2015). Victims can also identify one support person to attend the hearing with
the victim (United States Department of Justice, 2015). However, the support person
cannot be designated to speak on the victim’s behalf (United States Department of
Justice, 2015).
Persons wanting to attend the parole hearing are able to contact the victim support
program, which will set up the time when the victim may come to the hearing. The
victim or whomever is attending the hearing is able to submit a written or audio
statement. The victim may also submit an oral statement at the hearing (United States
Department of Justice, 2015). In reviewing the literature, I was not able to determine
how many family members use the parole process or victims’ services.
Victim Services
During the criminal trial process, victims and their families have access to a
victim advocate and services. The victim advocate helps the family navigate through the
process of the criminal justice system. The advocate will appear at the court hearings and
explain the legal process to the victim’s family.
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Once the offender has been sentenced and incarcerated the victim’s family may
sign up for victim notification within the state the offender was sentenced. In the state of
Ohio, the Victim Notification or VINE system allows the victim to sign up to be notified
when the offender is up for parole, release or transfer to another facility (Ohio Attorney
General, 2015). The problem exists for families when they are unaware of the need to
sign up for notification of parole or release. Texas also has a similar program, as do
most of the states. In Texas, the victim or the victim’s family is notified of the upcoming
parole hearing. Texas law allows the victim, guardian of the victim, or a close relative of
the victim to either appear in person or submit a written letter about the offense, the
feelings towards the offender, and the effect of the offense on the victim or family (Texas
Department of Criminal Justice, n.d).
California is also similar to the above listed states. Each state defines who is able
to attend the hearings. California also requires a victim to request to be notified of any
upcoming parole hearings. The request is made in writing or by phones communication
to the office of victim services. California allows the relation of spouse, child, parent,
sibling, or grandparent of the victim (California Department of Corrections and
Rehabilitation, n.d.). The aforementioned policies and procedures are common among
the states with little variation.
Victim Input and Participation
Secondary victims may engage in the parole process in order to seek justice and
closure. A victim’s family members may also want to make sure that the offender does
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not harm anyone else if released. While secondary victims may generally have good
intentions in coming to parole hearings and giving statements, the impact of the
statements is unknown. Studies have been conducted to determine whether their input
has an impact on parole decisions.
In a study conducted with data from the New Jersey State Parole Board, Caplan
(2010) found that verbal input by a victim had a greater effect on parole release decisions
than written input by a victim. The study included data retrieved from a sample of 820
adult inmates (Caplan, 2010). There has been a growing trend toward the inclusion of
victims and consideration of victims’ rights in the criminal justice process; however, it
has been found that victim interaction in the parole process (whether positive or negative)
does not have a significant impact on parole decisions (Caplan, 2010).
In the United States, over 90% of parole boards accept victim or nonvictim
statements in the parole process. These boards are advised to take victims’ or
nonvictims’ statements into consideration when making decisions (Caplan, 2010). Only a
few studies have examined the impact of statements by victims or nonvictims. In one
such study, Caplan (2010) found that in the cases examined, less than 12% of the victims
provided input for the parole hearing (Caplan, 2010). Lack of knowledge about the
system and fear of revictimization may be reasons for lack of involvement. The review
of the literature did not reveal reasoning for lack of involvement in the parole process.
Victim impact statements are used not only in the courtroom at the time of trial,
but also in the parole process. These statements can be made verbally during the parole
review process or can be written in letter form. The victim impact statement is designed
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to retell the story of the crime in the eyes of the victim or secondary victim, and it
includes the harm the crime has caused the victim and/or secondary victim. In most states
the specific states Victim Services aids in guiding victims on what to include in victim
impact statement (see Appendix E). The statement varies in length in each state, but
most states suggest the same elements that need to be included in the statement. The
victim impact statement is considered the most significant step taken in the victims’
rights movement (Miller, 2014).
Miller (2014) conducted a study involving 35 participants, 11 of whom were
victims of violent sexual assault. The victims had completed victim impact statements.
The findings indicated that the victims of sexual assault had completed their victim
impact statements mostly to prevent the offender from harming someone else (Miller,
2014). The idea that they could attain a sense of justice through the statement was a
motivator for the women. The women also stated that being involved in the process and
writing the victim impact statement meant showing their children and families that they
did not want the crime to impact them as well. Additionally, they indicated that they did
not want their children to see them upset on a daily basis (Miller, 2014).
A need for closure and pride are among the reasons that victims and their loved
ones may participate in the process of putting away an offender. The victim suffers
trauma not only at the time of the incident, but also during the criminal justice process.
Victim input and impact statements may aid the victim in identifying the details of the
crime, in addition to serving as means of closure and cathartic writing. The victim may
also want to see some sort of remorse from the offender (Miller, 2014).
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Victim impact statements are used during the sentencing phase and the parole-
hearing phase in the United States. Many scholars believe that the victim impact
statement is designed to elicit a response from the offender, thus eliciting a response from
the court. In a study determining the effect of the victim impact statement, the researcher
found that of six read-aloud victim statements for six separate cases, only one elicited a
response from the offender (Booth, 2013). The offenders in the cases studied seemed
highly unresponsive. Research does indicate that the courtroom and the postsentencing
period are not conducive to offender remorse (Booth, 2013). Even though there was not
a large observable display of remorse, the victims who were interviewed did not specify
that they had been looking for remorse when writing their victim impact statement. The
victims stated that an apology given during the sentencing phase would be delivered too
soon (Booth, 2013). The victim impact statement in these cases seemed to function more
as a process for the victims to go through emotionally in order to have their voices heard
in a court of law.
The victims’ rights movement in the United States has been a large motivator for
victim participation. The use of the victim impact statement during the sentencing and
postsentencing phases of the criminal justice process has integrated the victim into the
procedure. With laws that require the criminal justice system to notify victims of
upcoming hearings and significant events, the impact statement has given victims a voice
in the process (Englebrecht, 2012). Researchers have set out to determine whether victim
participation and impact statements are essential and influential in the criminal justice
process.
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In a study examining 23 secondary victims of homicide, Englebrecht (2012)
conducted structured interviews to determine the impact of victim participation All of the
secondary victims were able to be present with the offender face to face, but only in a
public courtroom during the sentencing phase. The victims all expressed frustration with
trivial rules in the courtroom in regard to how and when the victim impact statement was
read (Englebrecht, 2012). The participants in the study felt that some of the rules in the
courtroom, New York in this study, were unnecessary. The judge in the courtroom has
discretion of who is allowed to speak, but the general rule is one impact statement and a
defined victim as deemed by the judge is allowed to give the statement. The victims in
the study also felt they should be allowed to sit down face to face with the offender post-
sentencing (Englebrecht, 2012).
Englebrecht (2012) recommended less of a disjoint between the victims and the
criminal justice system. A victim’s expectations of input and participation should be met
by the criminal justice system. This can be done by following through with promises
made to the victim of participation by the actors in the criminal justice system. The
author also stated more research in the area of victim’s needs and expectations needs to
be completed (Englebrecht, 2012).
The study also found that around one-third of the families would have been
willing to sit down with the offender face to face after the sentence was handed down by
the judge (Englebrecht, 2012). Many of the victims stated that they had wanted to sit
down after sentencing with the offender to ask direct questions in the hope of obtaining
some answers. The families also stated that the reason they would have liked to face the
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offender after sentencing was that they wanted to ask questions that were restricted
during courtroom time (Englebrecht, 2012).
Englebrecht (2012) also found that participation gave victims a restored feeling of
ownership of the loved ones whom they had lost (p. 177). Through the implementation
of victims’ rights measures, the justice system has given victims a chance to regain
control over situations that may otherwise feel completely out of control.
The inclusion of victim impact statements is a complex issue. Though they are
designed to offer victims closure and a voice, some victims remain frustrated and
disenchanted after making a statement (Englebrecht, 2012). Victims hope to gain a sense
of closure and peace once they have confronted the offender and participated in the
criminal justice process. Many times, however, these expectations are not met, and
victims end up frustrated with the system, lacking any feeling of closure (Englebrecht,
2012).
The parole process, though complete after sentencing, is an area in which victim
input and inclusion have been implemented. The literature is lacking in the area of the
parole process and the structure of hearings for offenders. There is a lack of information
regarding victims’ rights during this time and whether any aid is provided to secondary
victims who are entitled to attend parole board hearings or give victim impact statements.
The victims’ rights movement has not only given victims a voice in the courtroom
during the trial and sentencing phases, but also had an impact on the parole process or
post sentencing phase. The parole process has shifted from meeting the needs of inmates
to meeting the needs of the families and victims of the inmates who are up for parole
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(Caplan, 2012). The victims’ rights movement has made great strides for victims and
their families but may have caused victims to believe that they would have enough
influence on the system to ensure that rulings would always be in their favor.
Research has shown that the actual impact of victim interaction and inclusion
during the parole process is unclear (Caplan, 2012). The parole process was established
to evaluate issues related to risk and recidivism for the offender. This process can be in
direct conflict with the victim’s interests and feelings (Caplan, 2012). If a victim’s sole
purpose in attending a parole hearing or submitting a victim impact statement is to
achieve revenge, the victim’s involvement will run counter to the purpose for which the
parole process was designed. This conflict can cause problems for both the parole board
and the victim seeking justice.
Research indicates specific measures need to be taken in order to quell conflict
between parole board officers and victims. These measures include risk-prediction
measures and actuarial guidelines for parole release (Caplan, 2012). Victims do not want
to feel ignored by the parole board. Thus, their input should be taken into consideration,
but it must not overshadow the role of the parole board. Caplan (2012) suggested that
overreaching victims’ rights movements and unfulfilled promises to victims have caused
feelings of disillusionment for victims (p.68).
The victims’ rights movement will not be changing in the near future. Research
indicates that if this is the case, parole boards need to determine the amount of weight
victim impact statements should have in the process (Caplan, 2012). This determination
requires the establishment of some sort of guideline for each prison.
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Caplan (2012) found that the amount of victim input received by parole boards is
surprisingly minimal in relation to the number of offenders who are up for parole (p. 69).
In a study of 805 cases, only 12% of the victims provided input at the parole hearing
(Caplan, 2012). The research further indicated that the group of victims who did provide
input to the parole hearing was unique (Caplan, 2012). The possibility of failing and/or
getting negative feedback could be a factor in lack of victim input.
Victims may fear retribution or offender recidivism at any stage of the criminal
justice process, even the parole stage. Lack of victim input in the parole process could be
a consequence of such fear. Within the criminal justice system, measures have been
taken to alleviate victims’ fears. For instance, civil protection orders have been offered
as a means of securing greater victim participation. These orders have been implemented
to offer safety to the victim and thus increase the likelihood of the victim participating in
the process (Wright & Johnson, 2012). The implementation of such “safety nets” for
victims encourages their participation. Early interaction and engagement with victims
increase their likelihood of remaining engaged throughout the criminal justice process
(Peterson, 2013).
Legal interventions to provide victims with a safety net in exchange for
interaction with the criminal justice process have been shown to yield positive,
therapeutic outcomes for victims (Wright & Johnson, 2012). Victims’ engagement in the
criminal justice system is important not only for the system, but also for the victim and
the victim’s family.
25
In a study of 106 women who were victims of domestic violence, researchers
found that the use of a civil protection order improved their likelihood of engaging with
the criminal justice process and even proved to be therapeutic (Wright & Johnson, 2012).
This legal structure made the women feel safer and more in control of outcomes.
The choice of whether to engage in the criminal justice system is affected by
uncertainty and fear for many victims. Sometimes, a reluctant victim of violent crime
must be subpoenaed to a hearing (Peterson, 2013). If a victim refuses to participate in the
process, the prosecutor must rely on evidence to win the case. Research indicates that
victim-centered prosecution tends to yield better outcomes for victims of violent crime
than evidence-based prosecution does (Peterson, 2013). If a victim engages in the
prosecution of the offender early in the process, there is evidence that the outcome for the
victim will be more positive.
Empowering victims through the criminal justice process may increase the
likelihood of victim participation within the courtroom. In Brooklyn, New York, a
program called the Early Victim Engagement (EVE) project contacts victims of domestic
violence immediately after a defendant is arraigned by telephone. Project staff then
provides the victim with case information, the defendant’s release status, information
regarding protection orders and how they are used, and safety planning assistance
(Peterson, 2013). Programs like these, along with civil protection orders, make victims
feel that they are part of the process and are helping to put offenders behind bars. Thus,
they empower victims in a situation where their power has been taken from them.
26
Programs’ early engagement of victims is beneficial to the criminal justice
process. Peterson (2013) suggested that programs that provide financial assistance,
childcare, and emotional care for victims would be beneficial to both victims and the
criminal justice system (p. 479). Peterson further stated that this victim-empowerment
and engagement technique can provide positive victim outcomes, regardless of the
outcome of the case (Peterson, 2013).
Several programs have been implemented in the criminal justice system for
victims of crime. During court proceedings and hearings, victim advocates play a major
role in getting victims through the process and helping them cope with testifying. In my
review of the literature, I found several articles referencing aid for victims of crime
during the prosecution and sentencing of offenders. In a vast search, I could not find
literature about victim aid in the parole process, or whether there is a victim program
specifically geared toward the parole process. In the proposed study, I will examine any
aid available to secondary victims as they progress through the parole process.
Homicide Victims and Interaction With the Criminal Justice System
Secondary victims of homicide suffer an array of emotions and loss. Victims also
experience feelings of revictimization and at times suffer from mental health issues. In
this study research will examine the lived experiences of secondary victims as they
progress through the parole process. The victim participants will be secondary victims,
or family members, of a homicide victim. The literature speaks to many of the mental
health problems those families of homicide victims experience. The following articles
27
highlight the situations the families are in and how they cope with the some of the issues
that adhere to secondary victims of homicide victims.
Homicide as a crime has received many studies and articles to discover the crime
itself and the motivation for the crime. Victims ‘families who experience the loss of a
loved one tend not to receive as much attention from academic research. Due to the
increase in the criminal justice’s system for victim involvement there is new interest in
victims and how they respond to devastation. Research seeks to discover the impact on
victims and their opinion of how the justice system works for them and for society as a
whole.
When a homicide occurs, it leaves a path of destruction through families and
friends of the victim. The loss of a loved one changes the lives of family members. The
criminal justice system and its handling of a homicide case can also impact the
experience of the families of homicide victims. As mentioned before, the victim’s rights
movement has lent a voice to the victims of homicide victims in the courtroom. There is
little research on the impact of victim engagement in the criminal justice system wither
helps or hinders the victim’s mental health.
Research on families of homicide victims has shown that families experience
psychological trauma after the traumatic incident. This psychological trauma can include
posttraumatic stress disorder and depression (Englebrecht, Mason, & Adams, 2014).
There is also evidence that suggests that secondary victims are a unique group of people.
Unlike primary victims they do not experience the violence first hand. This difference
28
has led research to question if secondary victims handle grief and involvement in the
criminal justice system differently than primary victims (Englebrecht et al., 2014).
Englebrecht et al. (2014) conducted a study with families of homicide victims and
their experiences with the criminal justice system. The study included 18 families who
had experienced losing a loved one to homicide. The findings of the study were that
families of homicide victims found many factors in the criminal justice system that
influenced the impact on the families. The first finding was a lack of compassion on the
part of the initial contact with the criminal justice system. The families felt that there was
a lack of empathy and compassion during the initial stages of the investigation, including
notification of the crime (Englebrecht et al., 2014).
The second finding for homicide families was a struggle for control. Many of the
interviewed families showed discouragement with the criminal justice system. The felt
they were not part of plea deals and also felt as if prosecutors were not letting them have
much say in the outcome of the trial (Englebrecht et al., 2014). Victims many times felt
helpless with trying to seek justice. The victims also stated that they felt their victim
impact statement would mean more than it did in court. They were disappointed when
the offender showed no remorse to their words because many of them had hoped the
statement would make an actual impact on the defendant (Englebrecht et al., 2014).
Conflicting goals also seemed to be a factor for the victims. Many of the families
stated they thought their role would be more significant throughout the criminal justice
process. Many of the families voiced concern and dismay over the amount of rights the
defendant received and the spotlight that was put on those rights (Englebrecht et al.,
29
2014). The families felt that in general it seemed the criminal justice system was not
looking out for their interests, but for several other interests.
The last factor that was integral in the feelings of the families was the devaluation
of life. The families stated that one of the most challenging aspects of the criminal
proceedings was listening to the sentences of the offender (Engelbrecht et al., 2014). The
feelings of despair and resentment were pronounced at this level. Many families felt that
a plea bargain was a way for the defendant to get off easy. They also felt that some
offenders would receive more severe sentences for the crime of homicide and some
lesser, which they found confusing and frustrating (Englebrecht et al., 2014).
Many families in the aforementioned study expressed displeasure with the
inclusion of the criminal justice system. The families felt discouraged and frustrated at
the outcome of many of the cases. The families really wanted to experience more control
over the situation because they felt such a loss of control in the loss of their loved one
(Englebrecht et al., 2014). The final finding of the study indicated that the criminal
justice system might serve to further increase the feelings of grief and harm. Thus,
causing the families to be victimized by the system that was designed to protect them
from harm (Englebrecht et al., 2014).
Homicide Victims and Mental Health
Homicide creates a devastating effect on the families and the hope is that the
criminal justice system is well equipped to handle the needs of the victims and include
the victims as they progress through the process. As stated before, the criminal justice
system is moving toward a trend of victim involvement. Homicide victim’s lives are
30
forever altered after the crime. Families of victims are thrust into a sudden traumatic
situation and are left to deal with a plethora of people they have never met, organizations
they have never belonged too, and the apprehension of becoming a part of a criminal
justice process (Aldrich & Kallivayalil, 2013).
Many of the families use the word devastation to describe how they are feeling
after their loved one has been a victim of homicide (Morrall, Hazelton, & Shackleton,
2011). Many of the families express the feelings of traumatic loss through despair, grief,
hopelessness, and depression. Secondary victims tend to experience more anguish
following the traumatic loss (Morrall et al., 2011).
Bereavement is considered a natural response to a loss. In the case of secondary
victims of traumatic loss this can manifest into severe bereavement and post-traumatic
stress disorder (Morrall et al., 2011). Secondary victims experience a great sense of loss
that is exacerbated by knowing their loved one was taken from them in a violent way.
The victims report having insomnia, guilt about being happy, feelings of insecurity, and
anxiety about memories of the loved one lost (Morrall et al., 2011). The author also
indicated further studies should be completed on the effects of crime for secondary
victims.
Mental health issues are prevalent in surviving victims and their families. One of
the disorders that seem prevalent with homicide victim’s families is posttraumatic stress
disorder or PTSD. A study examined the posttraumatic stress disorder symptoms of
family members of homicide victims. The participants included 268 homicide survivors.
The study looked at symptoms of PTSD and whether or not the survivors of homicide
31
victims experienced any of the three symptoms of PTSD (Zinow, Rheingold,
Byczkiewicz, Saunders, & Kilpatrick, 2011). The study found that of all the victims who
responded 39% of them experienced all three symptoms and 30% met the criteria for two
of the symptoms (Zinow et al., 2011).
The three symptoms defined in the study were re-experiencing the event,
avoidance and emotional numbing, and hyperarousal (Zinow et al., 2011). The study also
indicated that secondary victims are twice as likely to meet the criteria for PTSD than
nonsurvivors (Zinow et al., 2011). The trauma of the event and then the need to relive
the event through the criminal justice process can exacerbate these symptoms and further
mental health issues. As aforementioned the experience of losing a loved one is
intensified for the surviving family members due to the violent way they lost their loved
one.
The study also found that homicide survivors are more at risk for PTSD in
comparison to other violence victims. This could be impacted by the interaction with the
media and the criminal justice system. Survivors often have the stressors of engaging the
criminal justice system and talking to the media in regard to the loss of their loved one
(Zinow et al., 2011). The authors of the study also mention the need for further research
in the area of secondary victims and PTSD.
In a similar study researchers sampled 54 African-American survivors of
homicide. The study examined support of the victims, support network, family versus
non-family support, and complicated grief and PTSD (Burke, Neimeyer, & McDevitt-
Murphy, 2010). The study found that the African-American homicide survivors
32
struggled with high levels of psychological distress on many levels. They also found that
African American survivors had higher social support than Caucasians examined in other
studies (Burke et al., 2010).
Research has also shown that a higher level of social support does not seem to
affect the outcome of the survivor’s experience in either direction (Burke et al., 2010).
The trauma of losing a loved one caused complicated grief and symptoms of PTSD. The
study found that in its sample just knowing there would be someone to talk to be
sufficient for a positive feeling by the victim (Burke et al., 2010). Mental health and
support are a consistent issue for secondary victims. With 5 million adults in the USA
who have lost an immediate family member, there is a large population of secondary
victims in our country (Morrall, Hazelton, & Shackleton, 2013).
Research on secondary victims of homicide has shown that the individuals
experience a wide array of mental health symptoms (Rheingold, Zinzow, Hawkins,
Saunders, & Kilpatrick, 2011). In a study conducted with adolescents who had
experienced a loss through homicide researchers examined mental health outcomes after
the traumatic loss. The study examined 3,614 adolescents completed telephone
interviews and answered questions in regard to homicide survivorship and mental health
outcomes. The study found that adolescents who are secondary victims re at much higher
risk for mental health issues and the authors also stressed the need for further attention
needed to aid these victims (Rheingold et al., 2011).
The study also found that even though secondary adult victims were at risk for
mental health issues, adolescents were at greater risk for alcohol use, depressions, and
33
substance abuse. The authors also found that PTSD symptoms were higher in homicide
survivors, but did not conclude that PTSD was a predicted outcome. PTSD was found to
be more prevalent for homicide survivors over non-victims (Rheingold et al., 2011). The
authors also stated the need for further research on secondary victims and the affect the
crime has on them at report and through the process.
Criminal Justice Involvement and Mental Health
Victims not only experience trauma during the time of the crime, but the crime
leaves a path of persistent emotional problems. Interaction with the criminal justice
system is a necessity of many victims yet there is danger of creating more mental health
issues. The initial response of law enforcement can determine a positive or negative
experience for the victim with the criminal justice system. In a review of literature
authors examined the impact of criminal justice system involvement and a victim’s
mental health. The research found that most criminal justice agencies were poorly
equipped to handle the mental health needs of victims (Parsons & Bergin, 2010).
In similar research, authors found that even with the victim’s rights movement
progress forward, there is still a need for the criminal justice system to understand the
mental health needs of victims of violent crime (Morrall et al., 2013). Unfortunately,
there are many times victims believe in an unattainable outcome. According to Victims
of Crime Assistance League in South Wales victims are frustrated with the fact that they
are led to believe in one outcome and the opposite outcome usually occurs (Morrall et al.,
2013).
34
Primary and secondary victims of violent crime tend to become the most
disappointed and frustrated during the criminal justice process. Evidence suggests that
because of the lack of help in the criminal justice system, there is the possibility for
further mental distress as the victims go through the long criminal justice process. One
mother of a homicide victim stated it was like mental torture being a witness in front of
her child’s killer (Morall et al., 2013).
Vicarious trauma is also worth noting for families of victims. Though the
literature addresses first responders and mental health professionals, victim’s families are
also subjected to revisiting trauma. Vicarious trauma is similar in presentation to Post
Traumatic Stress Disorder. The individual re-experiences of the trauma and feelings of
avoidance and depression (Aparicio et al., 2013).
Continually exposing an individual to trauma also affects an individual’s
cognitive schema. Researchers found that cognitive shifts happened in a social worker’s
frame of reference. These shifts included disturbances in spirituality, worldview, self-
perception, psychological needs, and identity (Aparicio et al., 2013). Secondary victims
are introduced to the initial trauma when losing their loved one. The initial trauma is
followed by a courtroom trial, and then the parole process introduces the trauma again. In
emergency personnel studies suggest that individuals who are exposed to trauma
frequently report more dissociative symptoms and psychological distress (Setti &
Argentero, 2012). These findings could also be linked to secondary victims who are
frequently exposed to a critical incident or trauma.
35
Overall victims experience mental health issues in the initial findings of losing a
loved one in a violent matter, but the experience with the criminal justice system can
have both positive and negative impact on the victim. Evidence of disappointed victims
because of sentencing have been linked to causing more emotional distress for the victim
(Parsons & Bergin, 2010). The authors stress the need for more research into the victim’s
experience with the criminal justice system and how that interaction impacts their mental
health.
Summary and Conclusions
The literature reviewed examined the process of victim input and impact in the
criminal justice system. There are also articles that examine mental health concerns
when engaging in the criminal justice system and agencies in the criminal justice system.
Secondary victims of homicide were also explored. The literature examined the impact
the criminal justice has on the survivors and the overall mental health implications of
losing a loved one to violent crime. The process of parole and its role in the criminal
justice process was also examined.
In each of the articles reviewed the authors stressed the need for more research in
the realm of secondary victims. There is a gap in the literature in reference to victims of
violent crime, especially secondary victims and the post-sentencing phase of the criminal
justice process. There is a need for research in the area of impact on secondary victims in
the post-sentencing phase. The research is also non-existent on the amount of help or
support, if any for victims during this post-sentencing phase. The need to understand the
36
experience of secondary victims during the parole process would begin research into a
much need area on secondary victims.
Chapter 3 will address the research methods of the proposed study. The chapter
will examine the research methodology and design. It will also explain data collection
and analysis along with participant tools.
37
Chapter 3: Research Method
Introduction
The purpose of this study was to examine the lived experiences of secondary
victims as they engage with the parole process. As the literature review expressed, there
is a lack of research on secondary victims and their experience with the postsentencing
phase of the criminal justice system. Englebrecht (2012) also suggested that there is a
lack of research on the victimization of victims who participate in the United States
criminal justice system. This lack of knowledge has led to a lack of aid for victims
during the process (Englebrecht, 2012). In conducting my study, I sought to fill the gap
in the research and lay groundwork for further research.
Research Design and Rationale
The design of the study will be qualitative in nature. Qualitative research is a
means of exploring the meaning in which individuals ascribe to a certain social or human
problem (Creswell, 2013). A qualitative design is used for inquiry that tends to focus on
the individual. A study examining experiences of individuals lends to using a qualitative
approach. A quantitative approach in this area of study would not be as effective as
interviewing with a qualitative approach.
This study implemented a phenomenological research strategy.
Phenomenological research was designed to examine the core of human experiences in
relation to a shared phenomenon as described by the participants. Phenomenological
research examines the shared experience and then through data collection identifies the
essence of the shared experiences (Creswell, 2013). In the research study, the secondary
38
victims all share the experience of losing an immediate family member to homicide. The
participants also all have engaged with the parole process and attended parole board
hearings.
Other methods of qualitative inquiry were considered. Grounded theory was
ruled out due to the general inquiry of a process (see Creswell, 2009). Grounded theory
also uses multiple stages of data collection (Creswell, 2009). Grounded theory did not fit
the strategy of inquiry due to the multiple stages of inquiry and the lack of examination
and inquiry into the experience of the victim. Biography was also ruled out because I
sought to identify themes from more than one individual.
The final method of inquiry that was considered was case study inquiry. A case
study looks at an in-depth program or activity and looks at the area of study over a
sustained period of time (Creswell, 2009). Once again, since the research is looking at
the phenomenon of secondary victims of homicide and their interaction, it was deemed
appropriate to use phenomenological inquiry. The case study would have been
appropriate if the research was looking at one program in depth.
Research Questions
RQ1: What are the lived experiences of secondary victims during the parole
process?
RQ1: What aid do secondary victims experience from the criminal justice system
while in the parole process?
39
Participants of the Study
The participants in the study consisted of 10 individuals who have lost a loved
one due to homicide. In selecting a sample size for phenomenological studies, it is
recommended to have between 5 and 25 participants due to theme saturation (Creswell,
2009). The participants all have endured the same phenomenon, so a larger number of
participants could result in theme redundancy. The participants also must have interacted
with the parole process and have interacted during a hearing for the offender. The
participants volunteered to participate in the study. The volunteers were contacted
through an organization called Parents of Murdered Children. Adults over the age of 18
and of any gender can volunteer. The only criteria required of the participants was that
they had lost a family member to homicide and had interacted with the parole process.
The participants all have been involved with Parents of Murdered Children and
have gone through the experience of attending parole hearings for the offender of their
loved one’s homicide. Parents of Murdered Children was founded in 1978 in Cincinnati,
Ohio, after Robert and Charlotte Hullinger lost their daughter Lisa to homicide (Parents
of Murdered Children (Parents of Murdered Children, 2016). I administered
semistructured interviews to participants after obtaining their consent.
Ethical Considerations
The participants in the study volunteered to be a part of the study and were free to
choose if they want to participate in the study. The participants were not at risk or harm
participating in the study. If a participant expresses concern or feels any distress, the
participant could stop at any time and was given a list of local mental health services in
40
the area. Each participant signed a consent form before engaging in the research, and the
confidentiality of the participants will be assured. The data and any information collected
during interviews and coding will be kept in a locked cabinet in my home.
Procedures
The procedure for the research study included the recruitment of participants,
informing participants, collecting and analyzing data, and validating the findings. The
participants will be contacted via mail with a letter of intent of the research study. The
participants will be recruited through Parents of Murdered Children and letters were sent
out to all participants matching the criteria. The participants who wanted to volunteer for
the study responded.
Once the participants have volunteered, I will set up three separate interviews.
The first interview built rapport and asked questions about the crime and the experiences
with the criminal justice system. The first interview also informed the participant of the
study and the purpose of the study. The second interview identified in-depth experiences
during the parole process. This interview specified through questions the experience of
the actual parole hearing and determine if any aid or advocacy was given to the
secondary victims during this phase. The last interview verified with the participant that
all the information was documented correctly and determine if any additional information
needed to be added. The last interview was an information setting for the participant.
This was the time for the participant to verify data that I have collected.
The interviews will be semistructured and administered, via telephone. Each
interview will be recorded. The recorded interviews will then be transcribed verbatim.
41
The recorded interviews, now documented, were then coded an analyzed. The
interviews, once transcribed, were sent to the participants for review. Participants could
add any information, or delete any information they felt necessary.
Data Collection and Analysis
The data that is collected through structured interviews and will be coded. I will
be using phenomenological data analysis by building on data from the research questions
and interview questions. The collected data will highlight significant statements and
themes (Creswell, 2009. These themes and statements will then be used to write
descriptions of what the participants experienced and the context in which the
participants experienced the phenomenon. From the experiences and themes a
description of the overall common experiences with be analyzed and reported.
The interview transcripts will all be read in their entirety in order to gain an
understanding of each experience. All interviews will be analyzed by highlighting the
significant statements that pertain to their experience with the parole process. The
highlighting of the significant statements is called horizontalization. The significant
statements will then be place in cluster so meaning in order to develop themes from the
collected data (Creswell, 2013).
Once the clusters of meaning and significant statements are coded a description of
what the participants experienced will be written. Once completed, the researcher will
complete an essence description, or a description of the underlying structure of the
experience (Creswell, 2013). This underlying structure will be presented in findings of
42
the research. The optimal outcome is that the reader would understand what the
participants experienced during the parole process.
Trustworthiness
The proposed research will be verified through a series of steps. Creswell (2013)
suggests in order to verify or validate the findings the researcher must focus on the eight
strategies of validation. The eight proposed strategies include prolonged engagement,
triangulation, peer review or debriefing, negative case analysis, clarifying researcher bias,
member checking, rich and thick description, and external audits. These methods of
verification are often termed trustworthiness in a study.
Dependability
The researcher will use fellow graduate students at Walden University who are
well versed in qualitative research to perform a peer review of the research. The peer
review will consist of each student reading the transcripts and the findings in their
entirety. This will provide an external check of the information that is disseminated from
the research (Creswell, 2013). The two selected members will be one female and one
male in order to keep a gender balance.
Confirmability
The researcher will also clarify any researcher bias. This will be done from the
outset of the research and will clarify any experiences or biases that could shape the
researcher’s interpretation of the study (Creswell, 2013). The researcher in the proposed
study has experience with the criminal justice system as a law enforcement officer for 8
years. The researcher is familiar with the working of the criminal justice process up until
43
sentencing procedures. The researcher does not have experience with the parole process.
The researcher has made several arrests dealing with offenders who committed violent
crimes, and has come in contact with many victims of violent crimes. The researcher is
aware of these experiences and will use bracketing accordingly.
Credibility
Member checking will also be utilized in order to verify data collection and
findings. This technique is important in order to establish credibility (Creswell, 2013).
The participants will be given a copy of their transcripts, interpretations, and conclusions
in order to verify if they are accurate and credible. The participants will have to
opportunity to notify the researcher if any information is incorrect.
Transferability
The final form of verification is having a rich and thick description. The purpose
of a detailed and thick description is to allow the reader to be able to transfer the
information to other settings and determine if the findings can be transferred because of
shared characteristics (Creswell, 2013). The proposed research will have verbatim
transcripts and the researcher will provide detailed descriptions of the essence of the
experience allowing a contextual and descriptive setting.
Summary
The proposed research will be completed with a qualitative approach. The
phenomenological approach is the most appropriate research design for the study. The
participants will volunteer for the study and all ethical considerations will be met.
44
Chapter 4 will address the findings and data interpretation of the completed data
collection and interviews.
45
Chapter 4: Results
Introduction
The purpose of this qualitative study was to examine the lived experiences of
secondary victims as they engage in the parole process. The current study addressed the
type of aid, if any, that secondary victims received during the parole process. I sought to
explore the actual lived experience that each secondary victim had as they progressed
through the criminal justice system from the crime to the parole process. Secondary
victims within this study were defined as any victim who had a familial or close
friendship relationship with the primary victim. I was motivated to understand my study
because little research has been conducted in this area, based on my review of the
literature. I wanted to gain an in-depth understanding of secondary victims and their
thoughts and reflections on the parole process.
In order to address the research questions, I used a qualitative approach.
Specifically, I conducted a case study phenomenological inquiry to address the actual
lived experiences of secondary victims. The interview questions were developed to
provide understanding and give secondary victims a voice regarding their experiences
with the parole process after the death of their loved one. In Chapter 4, I discuss the
means of data collection, the setting in which collection took place, and the demographics
of participants. I also discuss the methodology used to analyze the data and the process in
which I found themes throughout the interviews. Chapter 4 addresses the themes and
answers to the research questions that are the basis of the study.
46
The purpose of this study was to determine the lived experiences of families of
victims of violent crimes as they progress through the parole process. This research may
aid secondary victims in obtaining support and aid during the post sentencing process.
The research may also enable others within the criminal justice system to understand the
importance of engaging victims in the process and making the process as comfortable and
smooth as possible for families in order to decrease secondary trauma and
revictimization.
Setting
The study implemented a qualitative approach. The qualitative approach utilized
a phenomenological case study in order to address the research questions. The research
questions were, as follows: (a) What are the lived experiences of secondary victims
during the parole process? and (b) What aid do secondary victims receive from the
criminal justice system during the parole process?
Demographics
The participant pool was comprised of 10 individuals who were located
throughout the United States. The participants were from five different states and were
located in the Midwestern, west, east, and southeastern regions of the United States. The
participants ranged in age from 40 to 82 years of age. They consisted of eight women
and two men. Of the female participants, one was African American, one was Hispanic,
and six were Caucasian. Of the two males, both were of Caucasian ethnicity. All
participants indicated that they had lost a loved one to homicide and had engaged in the
parole process during their criminal justice experience.
47
Participant Recruitment
Participant recruitment was completed once I obtained IRB approval through
Walden University. My IRB approval code was 08-12-16-0461749. Once approval was
obtained, I reached out to Parents of Murdered Children to obtain cooperation with
recruiting possible participants. Parents of Murdered Children was founded in 1978 in
Cincinnati, Ohio, after Robert and Charlotte Hullinger lost their daughter to homicide
(CITE). The organization now aids victims’ families in understanding the process of the
criminal justice system (POMC.org, 2015). Once contact was made with Parents of
Murdered Children, I sent an invitation letter via e-mail to my contact with the
organization. The organization then sent out the e-mails to members of the group who
were possible participants. If interested in participating, these individuals then contacted
the organization and expressed that they would like to voluntarily participate in the study.
In order to obtain data saturation, I posited a participant pool of 10 to 15
participants. Parents of Murdered Children sent 10 invitation e-mails, and all 10
requested to volunteer in the study. The 10 voluntary participants all completed the
structured interviews that were geared toward the demographic and qualifying criteria of
the participants. All participants had to meet certain criteria. The participants needed to
be above the age of 18 and had to have lost a family member to homicide.
Data Collection
Once the participants declared their interest to volunteer in the study, I sent them
a consent form via e-mail. The consent form was sent via e-mail with instructions to read
48
the form in its entirety, sign it, and send it back to me via fax, e-mail, or mail. The
interviews were conducted via telephone due to the various geographical locations of the
participants. Once the consent form was signed, I scheduled interviews that were
convenient for the participant., in accordance with their specified date and preferred time.
All interview questions were identical for each participant. Participants were notified
that they controlled the length of time the interviews lasted. The participant could answer
questions in the manner they felt most appropriately addressed the question. As a result,
interviews ran between 24-59 minutes.
Each interview was recorded with the participant’s consent. The recorded
interview was then transcribed for data analysis and participant review. All recorded
audio was stored in a locked file in my office in which I was the only one who held the
key. The recordings of the transcripts were then sent to the participants to review for
accuracy. If the participants had any additional information to add or correct a statement
they had made, they had the ability to add and/or correct information. Once the
transcripts were reviewed, they were used for data analysis.
Data Analysis
The reports for analysis were derived from interviews with semi-structured
questions. The interviews were semi structured questions that allowed for the participant
to elaborate. There were three categories of interview questions in which the participant
could complete all three at the same time if desired. All participants elected to complete
the questions during one phone conversation. The interviews consisted of 14 interview
questions and were categorized by the following: a) Introduction and family history b)
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The crime and the parole process and c) Additional information and follow-up. The
questions were the same for each participant and purposely put into a format that
facilitated analysis of apparent themes, themes that could be derived from the shared
experience of each of the participants.
In order to ascertain themes from the interviews, I read each interview several
times in order to familiarize myself with the interview and the participant’s answers.
Creswell (2013) identifies the need to repeatedly read over interviews in order to
familiarize oneself with the answers and to start seeing themes in the interview. I also
began to highlight key words and phrases that pertained to the participant’s direct
experience with the crime and the parole process. Once these key words and phrases
were highlighted, I again reviewed all the transcripts to formulate a system of clustering
all the meanings that seemed to be common among all the participants. Once I found
common meanings and words among the participants’ responses, themes began to reveal
themselves. The participants’ answers and the commonality of the answers between each
participant was the basis for the themes created.
Evidence of Trustworthiness
Trustworthiness
The research was verified through a series of steps. Creswell (2013) suggests to
verify or validate the findings the researcher must focus on eight strategies of validation.
I utilized the strategies and included prolonged engagement, triangulation, peer-review or
debriefing, negative case analysis, clarifying researcher bias, member checking, rich and
50
thick description, and external audits. These methods of verification are often termed
trustworthiness in a study.
Dependability
I ensured that the study could be replicated if another interviewer asked the same
questions of the participants. The questions and themes derived from the questions were
done with a rich detailed description so that another researcher could easily identify the
themes and trends in the participants’ answers. The process of reading the transcripts
several times and coding significant statements also provided dependability.
Confirmability
In order to assure confirmability, I also clarified any researcher bias. This was
done from the outset of the research as I clarified any experiences or biases that could
shape my interpretation of the study (Creswell, 2013). I have experience with the
criminal justice system as a law enforcement officer for eight years. I am very familiar
with the working of the criminal justice process up until sentencing procedures. I do not
have experience with the parole process or any post sentencing procedures. I also have
never attended or witnessed a parole hearing. I do not know any parole hearing officers
through my work as a law enforcement officer. As a police officer, I had made several
arrests dealing with offenders who committed violent crimes, and have come in contact
with many victims of violent crimes. I was aware of these experiences and used
bracketing accordingly.
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Credibility
In order to maintain a credible outcome, I used a healthy participant pool of 10
participants in order to meet theme saturation. Member checking was utilized to verify
the data collection and findings. This technique was important to establish credibility
(Creswell, 2013). The participants were given a copy of their transcripts, interpretations,
and conclusions to verify if they were accurate and credible. The participants also had
the opportunity to notify the researcher if any information was incorrect. The participants
were also able to add any information that they felt was pertinent to their experience with
the criminal justice system.
Transferability
The final form of verification was having a rich and thick description. The
purpose of a detailed and thick description is to allow the reader to be able to transfer the
information to other settings and determine if the findings can be transferred because of
shared characteristics (Creswell, 2013). The use of the thick and rich descriptions in this
study allow the consumer to identify the themes are understand that the themes relate to
the experience of secondary victims in the parole process. The goal of the study was to
identify the unique themes within this phenomenon and not to generalize the findings.
The study provides a consideration of the concept of the experience the victims had as
they progressed through the stages of the criminal justice system, most importantly the
parole process. The reader will be able to identify the themes and understand the themes
in the experiences of the secondary victims.
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Results
The structured interviews allowed the participants to give an insight into the
phenomenon of the parole process after losing a loved one to homicide. The first
research question addressed the lived experiences of secondary victims during the parole
process. In order to delve into this question, several interview questions were asked.
These questions looked at the a) secondary victims’ background b) relationship to
primary victim c) description of crime and d) notification of crime. The following is the
results to these areas of inquiries.
Family Background
All the participants gave a quick description of their family background and
ethnicity. This just gave the study a baseline for the demographics of the study. Females
made up 80% of the participant pool and 70 % of the participant pool were Caucasian.
Participants were from different parts of the country and some had moved from the area
of the initial crime.
Relationship to Primary Victim
To ascertain the nature of relationship to the victim the participants were all asked
how they were related to the victim. This set the background for how the secondary
victims were tied to the victim of homicide. This question gives the reader an insight into
the actual relationship and emotional tie to the person who was violently murdered. It
adds depth to understanding of the experiences each of the secondary victim’s
engagement. Of the ten participants, five were the parents of the murdered victim. One
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participant was the spouse of the victim, two participants were siblings to the victim, one
participant was the aunt to the victim and one participant was the uncle to the victim. All
participants were very expressive in their relationship to the victim. A common
occurrence in each interview was that the participants would become emotional when
stating their relationship to the victim. The participants all stressed the close relationship
they had with the primary victim.
Description of Crime
Each participant gave a lengthy description of the crime committed against their
loved one. This was an important aspect of the research because it showed the
beginnings of the emotional experience each of the participants would endure. The crime
itself would be the initial start to the secondary victim’s interaction with the criminal
justice system, more importantly the interaction with the parole process. It is important
to note that the participants were chosen to be part of the study because of the crime
committed against their loved one. This was purposefully done because the crime of
homicide in this case would ensure an interaction with the secondary victims and the
parole process. The following is a summary of the description of the crime for each of
the participants.
Participant #1 and #2 are married and both stated in their interviews that they lost
their only son to homicide. This is a summary of the description of the crime that they
both stated in their interview.
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Participant #1 and #2
Participant #1 and #2 both stated they lost their son to an act of homicide. Their
son was invited to accompany acquaintances of his on a plane ride. The acquaintance
was getting his pilot’s license and stated to the victim that his instructor would be
accompanying them on the flight. The victim did not know that the instructor was really
a friend of the acquaintance that was there to kill the victim. The victim was strangled
from behind while in flight. The victim was then thrown from the plane into the ocean.
The victim’s body was never found.
Participant #3
Participant #3 stated that the victim was her son. Her son was going to a local hip
hop performance to perform for the local people in town. Her son had traveled to a city
nearby his home town for the performance with his siblings. After the performance, the
victim was going outside through a hallway and accidentally bumped shoulders with
another man. Words were exchanged and the victim continued towards his vehicle. The
victim and his brothers were getting ready to leave the area when a group of 25 to 30
people came out of the building and surrounded the victim and his brother. The
participant’s son was beat up by a group of people and then the offender obtained a knife
from one of the people in the crowd. He grabbed the victim and stabbed him in the
stomach. The victim passed away the next morning in the hospital.
Participant #4 and #5
Participant #4 and #5 are married and both described the crime in their own
separate interview. The victim was the niece of both the participants, but both stated she
55
was like a daughter to them. Their niece had been married to her husband for two
months. They were newlyweds. On Christmas Eve, the victim was strangled by her new
husband and placed in garbage bags. The offender than put her in the trunk of the car and
dropped her body off at a remote location. The body was eventually found by the
participant’s son during the search of a remote area.
Participant #6
The victim of this crime was the brother of the participant. The victim was a
recovering alcoholic and had been in a violent relationship. The victim sought out
counseling and started to go to a counselor to deal with his issues. The counselor stated
she knew a girl he should start dating. The girl was also a patient of the counselor. The
victim and the girl moved in together within two weeks of meeting. The participant
stated that both the girlfriend and her brother were both suffering from mental health
issues. The two immediately started to have relationship issues. The victim kicked the
girlfriend out and she left town. She met two men to whom she told that the victim had
been abusive to her and her daughter. She also stated that she wanted her belongings
back. The two men then went to the victim’s house and shot him through the window as
he was cooking dinner. The men had been paid a small sum of money to complete the
crime. The victim was later found in his house by the participant’s son.
Participant #7
The participant stated that the victim, who was her only son, worked as a security
guard at the time of his murder. The victim had gone to a building to retrieve a jacket.
As he approached the building, some kids were breaking into a car and he followed them
56
for a few blocks then lost them. The kids came back and parked behind the building.
One of the kids came around the building and started a conversation with the victim. As
he was talking and looking away, another man struck the victim in the temple with a
blunt object. The victim fell to the ground and the offenders continually beat him. The
victim died due to the injuries he sustained in the beating.
Participant #8
The participant stated that the victims of the crime included both her sister and
brother-in-law. Both victims were living on a military base at the time of their death.
The participant requested that the name of military base be omitted. The brother in law
was a military officer. On the night of the crime, a man came to the home of the victims
and claimed that he needed help and that his car had broken down. The officer then
reached for the phone to call the military police per protocol. As he was dialing the
phone, the offender stabbed him twice in the back. The noise of the attack led to the
participant’s sister coming from the bedroom from where she was sleeping due to the late
hour of night. The female victim came out and found the attacker still in the house. The
female victim attempted to fight off the attacker and was stabbed 8 times as a result. The
female victim was also sexually assaulted as she lay their dying. Both male and female
victims died from the wounds sustained in the attack.
Participant #9
The participant stated she was the spouse of the victim. The victim was home in
his trailer with his wife. The participant woke and walked down the hallway and found a
stranger pressed up against the wall trying to avoid detection. The participant’s husband
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was still in bed and heard his wife scream. He came running down the hallway and
confronted the intruder. The victim told the intruder to leave their home immediately.
There was a physical altercation and the victim collapsed in the hallway. The participant
grabbed two knives and gave one to her husband and kept one for herself for protection.
The intruder stabbed the victim several times before leaving the house. The victim died
because of the injuries sustained in the altercation.
Participant #10
The participant stated she is the mother of the victim. The victim was her third
child and was living in another state at the time of the crime. The victim had been
married to his wife for 10 years and they shared 4 children together. The wife decided to
hire a hitman to kill her husband for insurance money. The hitman was a friend of the
couple and later found to be the lover of the wife. On the day of the crime, the offender
came to the house. The victim and the offender had a couple beers together. The victim
then fell asleep on the floor. As the victim slept, the offender went to his vehicle and
retrieved a crow bar and a change of clothes. The offender entered the home and beat the
victim to death with the crow bar. The offender then showered and changed his clothes.
The offender left the home and left the victim in the home where he died because of the
injuries sustained in the beating.
Notification of the Crime
Each participant when interviewed for the study, was asked about the crime and
then asked how they were notified of the crime. One of the participants was with the
victim at the time of death. The other nine victims were not physically present when the
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crime occurred. Most of the participants were notified by law enforcement officers. Two
of the participants had family members discover the victims’ bodies while searching for
their missing loved one. Two of the participants (who are married to one another) also
reported their child missing and hired a private investigator who found that their son had
been a victim of homicide. Some of the participants were notified via telephone due to
the fact that they were in another state when the crime occurred.
From this point forward in the interviews common key words and themes started
to present themselves. The participants were asked about their first interaction with law
enforcement and the criminal justice system at the time of the crime. This question
elicited a positive vs. negative cluster or code. The participants either described a
positive interaction or negative interaction with law enforcement at the beginning stages
of the crime.
Interaction with Criminal Justice System
The thematic label was derived from two questions. The first question asked the
participants to describe their first interaction with the criminal justice system pertaining
to the crime, with a follow-up question asking about their experience with the criminal
justice system in regard to the crime before the parole process. These questions were
asked with the intent of getting a preliminary gauge on their experience with the early
stages of the criminal justice system. Upon my review of the transcripts I found that the
participants deemed the interaction in a positive light, or a negative light in regard to
treatment or empathy by the criminal justice system. Under the thematic label the two
subheadings of positive interaction and negative interaction took shape.
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Positive Interaction
Of the participants 8 of the 10 had a positive initial experience with law
enforcement and the criminal justice system prior to the parole process. Some of the
quotes below are from participants in regard to their experience with the criminal justice
system after the notification of the crime.
Participant #3 stated “the police were awesome, we are friends with the police in
town, so they were absolutely awesome. The detectives were very sympathetic to us and I
didn’t have any complaints with them.” Participant #4 and #7 stated that the interaction
was very favorable.
Participant #6 stated “the police were very nice. The sheriff even called me to tell
me that they had got the guy. We became friends and he would call me and keep me
updated.”
Participants #8 and #10 stated that their experiences were both good initially. Participant
#9 stated that the experience was good with the criminal justice system.
Negative interaction
Only 2 of the participants stated they had a negative initial reaction with the
criminal justice system. It should be noted that the two participants were the parents of
the same victim. They each stated they had their own personal negative experience with
law enforcement initially after they tried to notify law enforcement of the crime.
Participant #1 summarized the initial involvement. The participant called the police
department to report her son, who was an adult, missing. The officer taking the report
stated that her son was probably on a mountain top with someone’s wife and not to worry
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about it. The participant further divulged that he thought his statement was funny and the
participant did not think it was funny.
Participant #2 echoed participant #1’s sentiment in regard to the first interaction
with law enforcement. Participant #2 stated that the officer told the participant that the
victim was probably off on some mountaintop with someone else’s wife. Participant #2
stated “that infuriated us but it was early in the process and we knew that if we were
going to track down our son we were going to have to do it ourselves.”
The majority of participants had a positive first interaction and experience with
law enforcement and the criminal justice system before the start of the parole process.
The themes derived from the experience were positive and negative. The positive
interaction was based on key words such as friendly, sympathetic, and nice. The negative
interaction was due to the secondary victims not being taken seriously when reporting
their loved one as missing.
Parole Process
Participants were asked questions about a) first involvement with the parole
process b) notification of offender’s parole hearing c) aid during the parole process d)
first experience with the parole process and e) how the parole process affected the
participant and the participant’s family. These questions geared toward the actual parole
process created themes in the shared phenomenon. Once again, the transcripts were
reviewed several times and key words were then coded and put into clusters. Once these
clusters were determined themes were derived from the clusters and key words.
Notification of Parole Hearing
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After a crime of violence is committed the offender is arrested and the victim is
then subjected to a criminal trial where the judge issues a sentence. In this study, all the
offenders of the crimes were given a sentence with the possibility of parole after a certain
number of years which is also determined by the judge. All participants were notified of
the offender’s parole hearing in some manner.
Via Mail
Of the 10 participants, 7 of them found out about their offender’s parole hearing
via mail. The hearing date and time was sent by the parole board in their state to the
participants regarding when they could attend.
Via Phone
Of the 10 participants, 2 were notified via phone. These participants also stated
they had a close relationship with their court appointed victims advocate during the
criminal trial. The advocate notified them via phone of the first parole hearing.
Self-initiated
Only one of the participants was not notified by any means. Participant #9 called
on her own to find out when the offender would be up for parole and when a hearing
would be held. It should be noted that this crime was the oldest of all participants
interviewed, so the rules of notifying victims at that particular time may have been
different than the rules now in states.
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Victim Aid During the Parole Process
Once the victims had been notified of the parole hearing date, the next interview
question addressed the availability of victim aid that was provided to each participant
during the impending parole process. This question addressed if there was a victim
advocate assigned during the parole process by the criminal justice system, for the sole
purpose of working with the victim post-sentencing. This is separate from the advocate
that was assigned to the secondary victim during the criminal trial of the offender. This
question identified participants who received aid during the process and participants who
did not receive aid during the process.
Received Aid
Of the 10 participants, only 4 of the participants received some form of aid given
to them by the criminal justice system explicitly for the parole process. The following
are statements made by the participants in regard to the aid they received.
Participant #3 stated she had received victim aid. The participant gave the
following statement:
“Yes, there was a woman that called me to go through all the information and let
me know what they had to do. They had to run a check on everyone to make sure
they were OK to go to a parole hearing. She called me and if I had any questions.
I called her. She was nice enough, I mean I didn’t have a relationship with her
like I did with my victim advocate through the trials.”
Participant #4 also stated that aid was received in the form of a person they could
contact any questions. The participant stated:
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“They gave me a name of a person that I could ask questions and I did ask a few
questions. When we went to the hearing there was a person from the parole board
that was supposed to be our quote unquote advocate.”
Participant #6 that a victim advocate was assigned and went to the hearing with the
participant. The participant stated:
“Yes, I had someone, and actually she went to the hearing with me.”
Participant #7 stated that she also had aid during the parole process. The participant
stated the following:
“Molly was someone who helped with the process. She’s the head of the victim’s
crime office.” The victim only stated that Molly would answer questions for the
participant but did not elaborate extent of Molly’s involvement.
Did Not Receive Aid
Of the 10 participants 6 of them did not receive aid during the parole process. Most
of the participants stated that they did not receive aid during the parole process. Of those
participants, only one expanded on the lack of aid. Participant #2 stated:
“I was the only advocate I ever had in my life.”
First Experience with Parole Hearing
The first experience with the parole hearing elicited different keywords and clusters
that formed a common theme throughout the interviews. The participants all stated that
the first experience was very difficult.
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Difficult
The key word difficult was used in many of the participants interviews. The
participants stated that the first parole hearing was “difficult” and “very hard.” Participants
also cited that it was difficult because of all the preparation for the parole hearing. Many
of the victims gathered newspaper articles, transcripts, and documents pertaining to the
crime and trial. The gathering of documents for many of the participants was a method of
trying to convey to the parole board and offender the impact the crime had on the
participants. The participants in many cases were allowed to present these documents at
the parole hearing. Participants also stated that it was “very emotional.” The participants
stated that the hearing was difficult because it brought everything up from the crime and
the original trial.
Fear
Another word that seemed to repeat itself throughout the interviews was fear. For
all of the participants, this was their first experience with the parole process. The
participants had not been through another parole process with another victim. One
participant stated that the parole process “scared the devil out” of her. Most of the fear
came from the unknown of the hearing. A majority of the participants complained that
they were not well prepared for the parole process and what to expect from the hearing.
This led to many of the participants being afraid of what they were walking into and
whether or not they were prepared for the hearing.
The theme of fear also surfaced when participants addressed the release of the
offender. Several of the participants expressed fear when they thought of the probability
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of their offender being released from prison. Participants feared the offender could kill
someone else’s loved one or could come after them in retaliation.
Forgotten
Participants stated they felt as if they were forgotten after the initial criminal trial
for the offender. A participant stated that the lack of information that was given to them
after the trial made them feel as if they were forgotten. The participant stated they felt that
the criminal justice system felt the case was over once the offender was sentenced. Many
of the participants stated they felt forgotten by the criminal justice system because the case
was considered over once the offender was incarcerated. Participants expressed that the
parole process kept the case fresh in the minds of the participants. The felt they still were
active in the case because of the parole process.
Lack of Information and Rules
Over half the participants stated there was a complete lack of information given to
them to prepare for their first parole hearing. Participants stated this included some of the
rules that they were given before the parole process. One participant was not able to have
a friend who witnessed the death of the victim come to the parole hearing. The rule in the
participant’s state only allowed for immediate family members. Another participant stated
that her children’s spouses were not allowed to attend the hearing. One participant was not
allowed to go to the initial parole hearing due to the fact that it was on a military base. It
should be noted that each prison has its own set of rules regarding the parole process. This
can be confusing for the victims because they have heard of other states rules and wonder
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why they cannot have the same rules across the board. Some prisons only allow family
members and some prisons only allow one person to read a victim impact statement.
The participants stated they felt it was important for them to have the support
system they needed at the parole hearing. Participants stated that they were given a list of
people who could attend the hearing prior to the hearing. Another complaint by participants
was the lack of information on the victim impact statements. Several participants stated
that some of the people who came with them to the parole hearing were not allowed to read
victim impact statements.
Financial and Transportation Burdens
An overwhelming theme and sentiment in this section was the burden of finances
and transportation on the individuals. Each participant was required to travel to the parole
hearing at their own expense. This included participants who had to travel hours or travel
from out-of-state because of the placement of the offender after sentencing. One
participant stated it was hard to travel because the participant was in an electric scooter.
She stated that it made travel more difficult and expensive.
Two of the participants stressed the hardship of travel and finances when two of the
hearings were cancelled. The participants had traveled to the prison on the correct date
and time they were given via mail. Upon their arrival, the participants were informed that
they cancelled the parole board hearings for that day. The participants felt this lack of
acknowledgement for their time and emotions caused undue stress and hurt.
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Effects of the Parole Process
During the interview process with the participants I asked specifically how the
process affected the participant and their family members. This question was difficult for
many of the participants as it elicited an emotional response due to the fact that the parole
process was a direct result of the death of a loved one. For this portion of the interview,
themes of stress, sadness, grief, and depression were prevalent. I feel it is best expressed
with the words from each participant.
Participant #1:
“It affected me like I think it would any mother to be face-to-face with their son’s
killer. I did not want my daughter to go, as a matter of fact when she found out he was up
for parole,
she went into premature labor. Because of the premature birth, he developed a vein
in his brain that did not develop properly, this ultimately led to his death at the age
of 17. I feel that he died because my daughter went into premature labor.”
Participant #2
“Well, the fact that it took place in 9 years when he was sentenced to 25 years to
life bothered the hell out of me. It pointed out to me the failings of the criminal
justice system that the victims are subjected too.”
Participant #3
“The parole process in general to me and my family is very traumatic because it
has been 9 years in April and we’ve learned to reengage with life ant to move
forward and not to have closure because there is no such thing. You have to relive
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everything, not just little bits and pieces that come back, but the entire thing during
the parole process. You want to project that to the parole board. You want them to
know what this man has done. That is difficult. To publicly share your pain with
this man in the room is difficult. I don’t want him to know my feelings…to share
in that is tough.”
Participant #4
“It’s just horrible because every two years it just rips us open again. Then we have
to go to through the same thing…not only what happened but we also have to face
the prospect that he’s going to walk. I mean there is a chance that he gets out and
has a normal life, and by the way he has a daughter that he conceived in prison
during a conjugal visit. He was married twice in prison. So, we have the prospect
of him getting out and leading and normal life and let’s face it our daughter is where
she is and will be there for eternity.”
Participant #5
“Having to do this every two years is a lot of stress…a tremendous amount of stress.
My husband and I put in a lot of work. He does the writing and I do the transcribing.
We throw things back and forth to prepare. It really is a lot of stress.”
Participant #6
“It’s just a never-ending thing. This certain individual was always in trouble so he
was transferred to every prison in the state of Missouri. Getting the calls that he
was transferred was good but was also a kick in the stomach because it brings
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everything up again. We were told he would be released in a year and actually he
will be released and free in two days.”
Participant #7
“To me I think it is not necessary for the victim’s family because it makes us have
to relive it over and over. You get yourself back to semi normal then have parole
hit you in the next year and your back. I have to go to the doctor to get something
to help me through it and I don’t think that’s fair either. It’s always an emotional
thing.
Participant #8
“Well it’s put a deep schism in some of us. I had a sister who emailed us to
apologize to me that she can deal with it anymore. Some of them are just totally
shut down. It has caused some terrible depression. You can’t get away from it in
our mind.”
Participant #9
“Well I didn’t know who to ask or think about asking where he was incarcerated
and I didn’t learn too much about the legal system. But this whole journey has been
difficult and enlightening in more ways than one.”
Participant #10
“Oh, it really tears you up because you relive everything. This last one was worse
because this is the man who beat my son so viciously. I wanted to talk because I
had a poster of newspaper articles and pictures of my son. One of the pictures was
of my son in his coffin with his head in panty hose because of how bad his head
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was beat in. I said this is all I have left of my son and it’s not fair.” I want him to
have the maximum amount of time. It won’t bring my son back but at least I will
feel like some justice is done.”
The recurring theme in the answers given by the participants to this specific
question was stress and trauma created by the process. All the participants mentioned
having to relive the crime and loss of their loved one. Some participants mentioned feeling
depressed, with one participant mentioning the need for medical intervention to get through
the time of the parole hearing. Each of the participants stressed the dislike for the
reoccurring parole hearings. In some states, the offender is up for parole every two years.
Participants stated it was hard to finally get back to normal life and then receive a letter in
the mail that the offender was back up for parole. Those who had been through several
parole hearings stated that this caused feelings of anxiety and sadness because it brought
the crime back to the forefront of their minds.
Participants Feelings Toward the Parole Process
During the interview process, the participants were asked if they had
anything to add to the interview regarding the parole process and any information that
they wanted to add to the interview in general. These questions elicited several answers
regarding change to the parole process and the treatment of offenders versus the
treatment of victims.
Changes to Parole Process
Participants voiced their concern with the parole process and its lack of empathy
for the rights of the victims. Several of the participants stated they felt it was unfair that
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the offender could be up for parole every year or two. The participants felt that if given a
lengthy sentence there should not be a need to revisit parole every 2 to 5 years. Two of
the participants also stated that if there is a parole hearing scheduled it should be held. In
two of the participants experience their offender had their parole hearing cancelled at the
last minute for unknown reasons. The participants stressed the fact that the death of a
loved one is a lifelong experience and the parole hearings every few years just make that
lifelong experience even more difficult. The looming thought of release is also over their
heads always. Two of the participants attended seven parole hearings.
Several participants stated that the rules about victim impact statements need
changed. The participants stated that those close to the victim, even non-family members
should be able to give a statement at the parole hearing. The participants felt that the
crime affected more than just family member and the offender should be subjected to any
victim impact statement of any person who was impacted by their crime.
Offender Treatment vs Victim Treatment
A theme that was derived from keywords and clustering was the treatment of the
offender versus the treatment of victims. Participants voiced their concern about the
amount of money the criminal justice system spends taking care of murderers. The
participants were dismayed that the killer of their loved one was treated well with
education, sports, and counseling. Participants felt that offenders were treated well,
which would not be a deterrent to some in society when it came to incarceration.
Many participants also felt a lack of voice for secondary victims in the parole
process. One participant stated that there are many rights for offenders outlined in the
72
constitution, but there is a lack of rights for secondary victims. Another participant cited
need for protection during the hearing. The participant cited an incident where a victim
was leaving after a hearing and was approached in the parking lot by the attorney for the
offender. The victim was then threatened by the attorney. The participant never reported
the incident.
Summary
In this chapter, I provided information regarding the lived experiences of
secondary victims during the parole process. Participants in the study provided
information about their loved one, the description of the crime, and how they were
notified about the crime. The background information for each of these topics set the
tone for the participant’s involvement in the parole process. Each participant stated they
had lost a loved one to homicide and had been intimately involved with the criminal
justice system from time of crime to the parole process. The notification of crime was
found to be completed by law enforcement officials for all participants excluding one in
which the participant was with the victim at the time of death.
The participants also discussed their initial experience with the criminal justice
system before their involvement with the parole process. Most the participants initially
had a positive experience with law enforcement after the crime. The participants stressed
in each interview that the officers that responded to the crime and the detectives that
conducted further investigation on the crime were empathetic, kind, and attentive. Some
participants had the experience of the original officers and detectives continually
checking on the victims as they progressed through the entire process. A few of the
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participants reported they had become friends with the law enforcement officers. The
two participants that shared a negative experience with law enforcement reported their
main complaint was that they did not feel like they were listened to by law enforcement
and remarks made upon reporting their son missing were inappropriate.
The chapter also detailed the participants’ first experience with the parole process
and the method in which they were notified about the parole hearings. The first research
question addressed the secondary victims experience through the process. The
participants all became involved in the parole process because the offender of the crime
was sentenced by a judge having a possibility of parole. Participants then explained how
they were notified of the offender’s first parole hearing. This presented three different
ways of presentation; via mail, via telephone, and one self-initiation.
The chapter also outlined the availability of aid during the parole process. The
second research question addressed if aid was given during the parole process. Over half
the participants did not receive add during the parole process. Participants stated that the
lack of aid made the process more difficult and most participants had no idea what to
expect going into the process. The participants that did receive aid stated that aid came
mostly in the form of a person who was there to answer any questions before going to the
parole hearing. This person available to the participants before the hearing. Of the
participants who received aid, only one of the participants had an actual advocate who
attended the parole hearing.
The chapter also outlined the first parole hearing, effects of the parole process,
and additional information that the participants felt was important. The participants
74
stated the difficulty of the first parole hearing and the lack of information they received.
Many of the participants also stated their frustration with the rules of the parole hearing.
Another concern stated by the participants was both the financial burden and the burden
of traveling to and from parole hearings.
Participants also shared their experience with the parole process and the effects it
had on themselves and their families. These effects ranged from reliving the crime,
stress, trauma, and depression. Each of the participants stated the parole process was
very difficult. The main theme among the difficulty was the reoccurrence of parole
hearings every 2 to 5 years.
The final results of the study were the collection of answers that pertained to
information the participants felt were important to add to the study. The participants
cited the need for change to the parole system and the criminal justice system.
Participants voiced their concern for the lack of rights of victims and the specialized
treatment of offenders. The participants also stated their displeasure with the reoccurring
parole hearings that are held within a relatively short time period.
The experiences of the secondary victims elicited many responses and themes
within the questions. In Chapter 5, I will interpret these findings and discuss the
experiences of the victims, including aid. Chapter 5 will also discuss the
recommendations, limitations and social implications of the study.
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Chapter 5: Discussion, Conclusions, and Recommendations
Introduction
The purpose of this qualitative study was to explore the lived experiences of
secondary victims as they progress through the parole process. The research conducted a
structured interview with questions that were designed to gain an understanding of the
experiences the victims engaged in during the parole process. The lack of research and
lack of voice for secondary victims led to the need for the study.
Phenomenological research was the most appropriate design for this study
because I wanted to examine individuals lived experiences. The participants in the study
all have a shared lived experience in that they were involved in the parole process and
had lost a loved one at the hands of an offender. The length of time and numerous
questions in the interviews allowed me to develop patterns and relationships in the data.
The study was developed to gain an understanding of secondary victims’
experience and access to aid while going through the parole process. A collection of rich
and detailed data was derived from interview questions that helped me to answer the
research questions. The research questions for the study were, as follows:
RQ1. What are the lived experiences of secondary victims during the parole
process?
RQ2. What aid do secondary victims receive from the criminal justice system
during the parole process?
In order to answer these research questions, I gathered a pool of participants who
had lost a loved one to homicide and had experienced the parole system post sentencing.
76
The interviews were qualitative in order to adhere to the phenomenological research.
Upon completion of interviews, transcripts were created for each participant. I read
each transcript five separate times in order to familiarize myself with the research and
find key words. The significant statements were highlighted. This process is referred to
as horizontalization (Creswell, 2013). Once these significant statements were identified,
they were placed in clusters of meaning. From the clusters of meaning, I identified key
themes. These themes were then described with a rich textural description. I also used a
structural description which described the shared phenomenon of the participants
(Creswell, 2013).
Participants answers were organized into clusters of (a) family background, (b)
relationship to primary victim, (c) description of the crime, (d) notification of crime, (e)
interaction with criminal justice system, (f) parole process/notification/aid, (g) effect of
parole process, and (h) additional Information. Rich and thick descriptions in each of
these areas led me to identify themes and data findings. An analysis of the findings
identified the answers to the research questions.
The participants explained their initial experience with the criminal justice system
before their involvement with the parole process. Most the participants said they had a
positive experience with law enforcement after the initial crime. The participants stressed
in each interview that the officers that responded to the crime and the detectives that
followed up on the crime were empathetic and attentive. A few of the participants
reported they had become friends with the law enforcement officers. Only two of the
77
participants stated they had a negative experience with law enforcement. The two
participants were married and the parents of the same victim.
The participants reported the difficulty of the first parole hearing and the lack of
information they received prior to the hearing. They also expressed their frustration with
the rules of the parole hearing. Another concern stated by the participants was the
financial burden and the burden of traveling to and from parole hearings. Several of the
participants had attended more than one parole hearing, all at their own expense.
Participants also shared their experience with the parole process and the effects it
had on themselves and their families. These effects ranged from reliving the crime to
stress, trauma, and depression. Each of the participants said that the parole process had
been very difficult for them. The main theme among the difficulty was the reoccurrence
of parole hearings every 2 to 5 years. At the federal level, prisoners who are serving less
than 30 years receive an initial parole hearing within the first 120 days through an
application process which adheres to their sentencing guidelines (United States
Department of Justice, 2015). The federal hearings are then held every 18 to 24 months
to determine if the original parole release is prudent or should be revisited at a later date
(Department of Justice, 2015).
Interpretation of Findings
In order to completely address the research questions, I posed the following
questions to participants during the structured interviews:
1. Please tell me your family background and race.
2. Can you describe how you are related to the victim?
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3. Can you describe the crime?
4. How were you notified of the crime?
5. Can you describe your first interaction with the criminal justice system
pertaining to the crime?
6. How was your experience with the criminal justice system in regard to this
crime before the parole process?
7. How did you first become involved in the parole process?
8. Were you notified of the offender’s parole hearing?
9. Were you given any aid, e.g. victim advocacy, from the criminal justice
system?
10. Tell me about your first experience with the parole process and hearing.
11. How did the parole process affect you and your family?
12. Is there any information you would like to add about the parole process?
13. Is there anything you would like to add to your interview thus far?
14. After reviewing the transcripts, is there any information you would like
changed, or is not sound?
Research Question 1
Research Question 1: What are the lived experiences of secondary victims
during the parole process? Many of the studies that have been conducted on victims of
crime have involved primary victims and their experiences during criminal proceedings.
There has been a paucity of research in the area of secondary victims and their
experiences as they progress through the parole process. Participants all shared in the
79
same phenomenon of losing a loved one to homicide. All reported they had engaged in
the parole process because of the crime.
A victim’s expectations of input and participation should be met by the criminal
justice system. Englebrecht (2012) recommended less of a disjoint between the victims
and the criminal justice system. This can be done by following through with promises
made to the victim of participation by the actors in the criminal justice system. The
author also stated more research in the area of victim’s needs and expectations needs to
be completed (Englebrecht, 2012). My study also found that participants felt that their
expectations and needs had not been met through the parole process.
Lack of information and Rules
Over half the participants stated there was a complete lack of information given to
them to prepare for their first parole hearing. Participants stated this included some of the
rules that they were given before the parole process. One participant was not allowed to go
to the initial parole hearing because it was held on a military base. It should be noted that
each prison has its own set of rules regarding the parole process. This proved confusing
for the victims because they have heard of other states rules and wondered why they cannot
have the same rules across the board.
The participants stated they felt it was important for them to have the support
system they needed at the parole hearing. Participants complained about the lack of
information on the victim impact statements. Several participants stated that some of the
people who came with them to the parole hearing were not allowed to read victim impact
80
statements. Participants stated this made their experience more difficult during the parole
hearing.
Participants also stated this led to more burdens being placed on the actual
secondary victims. Participants referenced the lack of information led to financial and
transportation burdens. The participants felt they were not prepared enough for the parole
hearing because of lack of information or that they were not notified when a hearing was
cancelled until they arrived at the prison. These factors added to a report of a negative
experience with the parole system.
Mental Health Effects on Participants and Family
Research has shown that the actual impact of victim interaction and inclusion
during the parole process is unclear (Caplan, 2012). The parole process was established to
evaluate issues related to risk and recidivism for the offender. This process can be in direct
conflict with the victim’s interests and feelings (Caplan, 2012). The participants in the
study stated that they felt that justice was not being served when the offender was up for
parole every 2 to 5 years. Participants stressed words of fear, difficulty, and stress in
relation to questions asked in order to answer research question number one.
The recurring theme in the answers given by the participants to this specific
question was stress and trauma created by the process. All the participants mentioned
having to relive the crime and loss of their loved one. Some participants mentioned feeling
depressed, with one participant mentioning the need for medication management to cope
at the time of the parole hearing. Each of the participants stressed the dislike for the
reoccurring parole hearings. In some states the offender is up for parole every 2 years.
81
Participants stated it was hard to finally get back to normal life and then receive a letter in
the mail that the offender was back up for parole.
Overall victims experience mental health issues in the initial findings of losing a
loved one in a violent matter, but the experience with the criminal justice system can have
both positive and negative impact on the victim. Evidence of disappointed victims because
of sentencing has been linked to causing more emotional distress for the victim (Parsons
& Bergin, 2010). The interaction with the criminal justice system in this study played an
important role in how participants described their experience with the parole process.
While most of the participants had a positive experience initially, all the participants stated
the negative interactions they did encounter caused more difficulty dealing with the
aftermath of the crime.
Many of the families in a previous study used the word devastation to describe
how they felt after their loved one was a victim of homicide (Morrall, Hazelton, &
Shackleton, 2011). Many of the families expressed the feelings of traumatic loss through
difficulty, grief, fear and depression. Secondary victims tend to experience more anguish
following the traumatic loss (Morrall et al., 2011). These same sentiments rang true for
participants in this study. The participants all reported feelings of stress and depression.
Research on secondary victims of homicide has shown that the individuals experience a
wide array of mental health symptoms (Rheingold, Zinzow, Hawkins, Saunders, &
Kilpatrick, 2011). Keywords of fear, difficulty, depression, stress, trauma, and reliving a
nightmare were all used by the participants in this study.
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Additional Information About Experience
Several of the participants stated they felt it was unfair that the offender could be
up for parole in short increments of time. The participants felt that if given a lengthy
sentence there should not be a need to revisit parole every 2 to 5 years. The participants
stressed the fact that the death of a loved one is a lifelong experience and the parole
hearings every few years just make that lifelong experience even more difficult. The
possibility of parole is always on the mind of the participants.
The participants stressed their dismay with the criminal justice system because of
the amount of times parole is offered to a person who had killed their loved one. One
participant even experienced her offender being let go on a technicality because of a
wrong charge. The offender was not technically charged with conspiracy, which was
found by the defense attorney. The offender was immediately released from prison. The
wrong doing on the part of the criminal justice system led to more stress on the part of the
secondary victim. Prior research also voiced concern and dismay over the amount of
rights the defendant received and the emphasis on those rights (Englebrecht et al., 2014).
This same sentiment was evident in my research as well. The participants felt that the
offender’s rights were more important than their rights.
Research Question 2
Research Question 2: What aid do secondary victims receive from the
criminal justice system during the parole process? During the criminal trial process,
victims and their families have access to a victim advocate and services. The victim
advocate helps the family navigate through the process of the criminal justice system.
83
The advocate will appear at the court hearings and explain the legal process to the
victim’s family. This does not carry over to the parole process. During the criminal trial,
a victim advocate is available for the secondary victims; secondary victims are not
promised this during the parole process. This was a main complaint of all participants
involved, including those who did receive some form of aid during the process.
Received Aid
Of the 10 participants only 4 of the participants received some form of aid by the
criminal justice system when dealing with the parole process. This form of aid was
contact person with whom the participants could call and ask questions. In only one case
did the victim advocate attend a hearing with the participant.
Did Not Receive Aid
Of the 10 participants 6 did not receive any aid. The participants that did not
receive aid did not expand on the lack of the aid in the direct question regarding aid, but
did address it in later parts of the interview. Evidence suggests that because of the lack of
help in the criminal justice system, there is the possibility for further mental distress as
the victims go through the long criminal justice process (Morall et al., 2013).
Participants stating the fear of the unknown caused the participant more stress while
preparing for the impending parole hearing.
One participant also stated she felt like the people involved with the process did
not want to deal with the secondary victims. The participant stated she had been asked to
give her statement through the mail. The participant stated she would like to give her
impact statement in person. Upon arrival, the contact person at the prison stated she
84
wasted her time driving all the way to the prison and giving her statement, she should
have done it by mail. This lack of empathy and aid made the experience harder for the
participant. Many of the participants felt lost after the criminal trial. They felt that once
the trial was over the aid from the criminal justice system had ceased. One participant
stated that they felt forgotten about after the trial by the criminal justice system. The
participant felt that the system saw the offender as sentenced, so it was over. Many of the
participants voiced that for them this was a lifelong sentence and experience.
Participants also stated that the lack of aid led to a fear that the offender would be
freed. As one participant stated, “there is no such thing as closure when you have the
possibility of the offender being freed.” Participants also stated the fear that comes with
the prospect of the offender being freed. One participant stated that if their offender
could kill their loved one, who is to say they would not kill again or come after them.
Some of the participants spoke of the fear of retaliation because of the parole hearings.
Having someone walk them through the process could help quell these fears.
The lack of knowledge about the hearing and results gave the participants free
reign to anticipate the worst-case scenario before the parole hearing. Some of the
participants did not understand their rights at the parole hearing. Many complained that
they were under the impression that anyone who knew the victim and was impacted by
the death could speak, but this was not the case. A major complaint of most participants
was the fact that only specific people were allowed to attend and an even smaller number
of people were allowed to read a victim impact statement. Participants voiced their
concern with the parole process and its lack of initiative for the rights of the victims.
85
Limitations of the Study
There were a few limitations to the proposed research. The study focused on
secondary victims of homicide. Secondary victims of other crimes will not be included
in the study, which means that it will not be possible to generalize the data to all victims.
Though the participants are only those who are related to victims of homicide, it ensured
that the participants would have engaged in the parole process. The participant pool was
small, with only 10 participants, once again limiting the data. Though the participant
pool is small, the size was enough to meet theme saturation. Future research may
consider using a larger participant pool if possible in a quantitative study.
The phenomenological approach required all participants to have experienced the
phenomenon in question; thus, there was a common understanding among participants
(Creswell, 2013). The phenomenological approach also required that the researcher
bracket any personal assumptions being brought into the study. I was a law enforcement
officer for 8 years. I was involved in many arrests of offenders and worked with victims’
families during some of my arrests. This interaction was only during the arrest phase and
some of the criminal trial. I have never worked with secondary victims during the parole
process. I also have never worked with anyone involved in the parole process nor have I
attended a parole hearing. It was necessary for me to implement bracketing and to set
aside my own understanding during the research and the coding of data.
Another limitation to the study was the means by which interviews were held.
Interviews were conducted over the telephone. Conducting the interview over the
telephone limits the researcher to only derive audio cues from the participants, this
86
includes tone of speech, inflection and language used. Facial expressions cannot be
gauged while conducting the interview over the phone. The use of telephone interviews
was necessary in this study because the participants were geographically dispersed
throughout the United States. Though facial expressions were not seen in this study, the
manner of the material and questions allowed for the participants to assert emotional
reaction over the phone. This emotional reaction and sentiment was detected by the
interviewer.
Recommendations
While conducting the initial phases of this study, I realized a need for
recommendations in this field of research. The recommendations revolve mostly around
the need for more research on secondary victims and victim rights in the parole process.
The first recommendation is the need for more research in the field of secondary victims.
Upon completing a literature review on the subject, a paucity of research was apparent
that dealt with only secondary victims. Secondary victims lack a voice in the academic
arena. Much research has been compiled on the effects of crime on primary victims and
the effects of the criminal justice system, including trial on primary victims have been
lost in this process.
Secondary victims in this study felt that throughout the process they lacked a
voice. The participants felt the offender was receiving better care through the criminal
justice system than the participants were receiving. This leads to my second
recommendation. This study showed a need for more victim aid during post sentencing
and the parole process. There is a need for education through the criminal justice system
87
in regard to the needs of secondary victims as they progress through the initial trial and
post-sentencing. Victim advocates specifically appointed for post-sentencing would also
be beneficial to secondary victims. Knowledgeable advocates who are well versed in the
parole process could aid secondary victims in preparing for the parole process and
possible outcomes of the process. Keeping secondary victims informed of hearing dates
and expectations would be beneficial. This understanding and aid could quell the fear of
the unknown for victims and possibly reduce stress. Many of the secondary victims felt
lost after the criminal trial. More research needs to be conducted focusing on the
availability of aid to secondary victims. This research should concentrate on not only
federal prison rules but also the rules and regulations for each state, as they are different.
A handbook for each state that is given to secondary victims after sentencing would
benefit both the victims and the criminal justice system.
The third recommendation is a follow-up for the need for aid. More
research needs to be completed on the effect the parole process has on the mental health
of the secondary victims. The participants in this study all commented on mental health
issues and symptoms they have experienced since the time of death of their loved one.
Some of the participants even sought medication management during the parole hearings.
Research on families of homicide victims has shown that families experience
psychological trauma after the traumatic incident. This psychological trauma can include
posttraumatic stress disorder and depression (Englebrecht, Mason, & Adams, 2014).
Previous studies have identified mental health issues with victims. This is an area of
research that needs to be addressed in order for the criminal justice system to implement
88
programs in which secondary victims can receive aid. Financial support for travel and
mental health counseling for secondary victims implemented by state would be beneficial
to secondary victims.
My recommendation for future research would be to continue to research the
needs of secondary victims. The participants in this study were eager to participate so
that they could share their experience. Future research should attempt to obtain a large
participant pool and discover more experiences and needs of secondary victims in a
quantitative study. Further qualitative research in areas of coping mechanisms and
posttraumatic stress would be beneficial to this area of study.
Implications
The current research can have a positive impact on social change. The lack of
research on secondary victims is a disservice not only to the victims, but also to the
criminal justice system. Secondary victims have a right to be heard and need to share
their experiences. This research could aid victims in sharing their experiences and
helping other victims that are going through the parole process. Society as a whole can
benefit from hearing the experiences and experiences of the secondary victims.
The information could aid criminal justice officials in finding avenues to make the
interaction between secondary victims and criminal justice officials efficient and
productive, which in turn could prove beneficial to both parties. Victims could
experience less distress, and the criminal justice system could gain their full cooperation.
Secondary victims could thus help in the apprehension, prosecution, and incarceration or
offenders. The implementation of aid for secondary victims post-sentencing could also
89
benefit both the criminal justice system and the secondary victim. The more prepared the
secondary victim is the smoother the parole process can go, thus creating a better
environment and outcome for both parties. This can be accomplished through education,
preparation, and aid for the families.
This information could also help with ideas of restorative justice. This concept
can help victims face the offender and have some control of the situation. The victims
can feel they have a voice in the experience and some input on the outcome of the
experience. Restorative justice theory is based on resolution and reparation of harm
(Morrison & Vaandering, 2012). Restorative justice is a philosophy or theory whose
proponents advocate repairing the harm done to victims through mediation and victim
empowerment. Restorative justice identifies a need for victim services and for making
victims’ experiences within the criminal justice system positive. Mechanisms of
restorative justice expand victims’ rights and provide alternatives to existing policy and
practice (Choi, Green, & Gilbert, 2011). The participants would benefit from a restorative
approach as it concentrates on victim aid and understanding. It also gives the victim the
power they are seeking an attempt to give the victim satisfaction or closure on their case.
Understanding the experiences of secondary victims during the parole process can help
with more implementation of restorative justice. Brining an understanding of victims to
both other victims and the criminal justice community is a positive social change.
Conclusion
The main purpose of this phenomenological qualitative study was to understand
the lived experiences of secondary victims as they progressed through the parole process.
90
During this research process, it became apparent that secondary victims yearned to be
heard. The participants were eager to tell their story and give both themselves and their
loved one a voice. There is a need for more research in the area of impact on secondary
victims in the post-sentencing phase. The research prior to this study was essentially
non-existent regarding the amount of help or support, if any for victims during this post-
sentencing phase. The need to understand the experience of secondary victims during the
parole process is important for secondary victims and the criminal justice system.
The participants in this study stated their willingness to tell what had happened to
their loved one and their experience of what occurred in the parole process in order to
help other secondary victims. The participants stated the process was arduous and led to
many years of difficulty and uncertainty. The participants outlined their need for victim
aid and their dismay with many of the rules of the parole process. Themes presented
themselves as outline in the research that connected all the participants who had shared in
the experience.
The participants further stated the need for change within the criminal justice
system when it came to victim’s rights versus the rights of the offender. Many of the
participants disagreed that offenders should be eligible for parole every 2 to 5 years. The
repetition of parole added to the effects the crime and the process had on each participant.
The participants all shared the effects that the parole system had on them and their
families.
Homicide affected all the participants in this study. The subsequent result of
losing their loved one to homicide was the parole process. The participants in this study
91
shared their experiences with not only losing their loved one, but also the act of reliving it
every time they engaged in the parole process. The participants all wanted justice for
their loved one and with that they wanted their voice heard when it came to the parole
process.
92
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