NCJ Number
199616
Journal
Journal of Traumatic Stress Volume: 16 Issue: 2 Dated: April 2003 Pages: 159-166
Date Published
April 2003
Length
8 pages
Annotation
This paper reviews the social and psychological barriers that discourage victims from participating in the legal system; attention is given to studies that document the impact of participation in the legal system on victims' mental health.
Abstract
The mental health needs of crime victims are often aggravated by the experiences fostered by the legal system. Whereas crime victims need social acknowledgment and support, the adversarial court system in the United States requires them to endure a public challenge to their credibility. Victims need to establish a sense of power and control over their lives, but the court requires them to be submissive to a complex set of rules and procedures that may be confusing and over which they have no control. Victims need an opportunity to tell their stories in their own way in a forum of their own choosing; however, the court requires them to respond to a rigid format of attorney-devised questions that set the parameters for what the victim can state about his/her victimization. Victims often need to control or limit their exposure to specific reminders of the trauma, but the court requires them to relive the experience by directly confronting the perpetrator. Mental health workers who serve victims commonly report their belief that their patients' traumatic symptoms are worsened by negative contacts with the justice system. Many crime victims also face linguistic, cultural, and social obstacles to participation in the justice system. Despite formidable obstacles to positive participation in the justice system, there are also major potential mental health benefits for crime victims. Involvement in the legal system may ultimately provide victims with greater safety and protection for themselves and may enhance victims' sense of contribution to the protection of others by being instrumental in the conviction and incapacitation of the offender. Legal interventions can also provide crime victims with public acknowledgment of their suffering, restitution for the harm done to them, and perhaps an apology from the offender. The movement for victims' rights has instituted several major reforms aimed at empowering crime victims who seek justice. These include the possibility of obtaining compensation for the expense of medical or mental health treatment on the basis of an administrative complaint, the right of victims to discuss their cases with the prosecutor, and the option of giving a victim impact statement to the court at sentencing. The movement for restorative justice also offers several alternatives to traditional forms of legal proceedings in criminal cases. Restorative justice focuses on the harm caused by the crime, thus making the victim's experience a featured component of case disposition. Recommendations are offered for additional research. 40 references