Discuss five practical hardships that victims and witnesses face when participating in the criminal justice process. For example, witnesses must not only find the courthouse and affordable parking, but they must also endure long waits in uncomfortable surroundings and often do not know exactly what is going on in the courtroom where they have been summoned to appear

Question

What will be an ideal response?

Answer 1

Problems include trial delays, lost wages for time spent going to court, fear of retaliation, perceived indifference from court actors, and fear of testifying. First, trial delays result in frequent travel and wasted time. Sometimes lawyers contact witnesses and victims in advance of their departure for court about anticipated delays. Other times, the delays occur only after the witnesses have arrived. Moreover, most witnesses do not readily understand why proceedings have been delayed. Second, lost wages for time spent going to court are another hardship. Many employers will not compensate witnesses who must leave their jobs to testify in court. Not only is travel to and time spent in the courthouse generally non-reimbursable, but witnesses must spend their own money on lunch and snacks while waiting. Third, some victims and witnesses fear that the defendant and/or his/her associates may retaliate. The popular myth of witness protection that appears on television is rare. Witnesses are not afforded any special type of protection in most cases, although they may feel that they or members of their family are at risk. In domestic violence cases, in particular, the victim may not cooperate with the government because s/he fears the defendant. Fourth, victims and witnesses often feel that the criminal justice system is indifferent to them. Fifth, some witnesses fear testifying. Often times, lawyers do not spend enough time with the witness explaining the process, answering questions, or preparing him/her for cross examination. Testifying can be a frightening ordeal, especially when defense attorneys vigorously cross-examine. When this happens victims complain that they were made to feel as if they were on trial. This complaint is common among rape victims.