Voice of the Victims: Accounts of Secondary Victimization With the Court System Among Homicide Co-victims

Abstract

The treatment homicide co-victims receive from the criminal justice system often leaves them aggrieved and feeling alienated. A neglected but important area of investigation is the courtroom workgroup’s handling of murder cases. This exploratory study examines the nature and extent to which varying secondary victimization experiences are common among co-victims as the murder cases are processed through the court system. The sample consists of 27 co-victims connected to 24 separate cases where the murders occurred in a major metropolitan area in the southeastern United States. Drawing upon focus group data, Nvivo 10 was employed to identify themes that illustrate common secondary victimization experiences among co-victims along with positive and mixed reactions to court processes and personnel. The findings indicate that court requirements to provide notifications are infrequently met and attorney’s practice to supply information about case progress and counseling to family members regarding plea-bargaining and sentencing decisions are greatly restrictive. When information is offered, it is often perceived as highly technical and when assistance is provided, it is frequently limited or intermittent. Despite the prevalence of negative experiences, there also were reports of positive interactions with the district attorney and victim advocates. The study concludes by identifying ways in which the courtroom workgroup can uphold the rights afforded to co-victims while at the same time meeting the duties and responsibilities of the workgroup.

An Ecological Review of Homicide Bereavement’s Risk Factors: Implications for Future Research

“…The studies reported recurring secondary victimization in the bereaved person’s interactions with both formal and informal institutions, which add further complexity to their challenge of coping with HB. This secondary victimization seems to stem from experiencing insensitive and unsupportive interactions with exo-level institutions, leaving the bereaved individuals feeling marginalized, stigmatized, and lonely (Alves-Costa, Hamilton-Giachritsis, & Halligan, 2021; Armour, 2002; Eisma et al, 2019; Englebrecht, 2011; Englebrecht et al, 2014; Gevoski et al, 2013; Huggins & Hinkson, 2022; King, 2004; Malone, 2007; Mastrocinque et al, 2015; Ng et al, 2020; Reed & Caraballo, 2022; Reed et al, 2020; Stretesky et al, 2010; Tasker, 2021; Thiel, 2016). In addition, and similar to micro and meso studies reporting the importance of social support, exo-level studies also noted the importance of social support in both informal and formal institutions to an individual’s ability to cope with HB (Alves-Costa, Hamilton-Giachritsis, & Halligan, 2021; Bailey, Sharma, et al, 2013; Bottomley et al, 2017; Douglas et al, 2021; Wågø et al, 2017).…”

Victim Care or Defendant Rights? Assessing Public Attitudes towards Special Measures Designed to Support Vulnerable Witnesses at Trial

“…Levels of anxiety and dissatisfaction are found to be high among witnesses who are cross-examined, reporting feeling bullied, harassed, and personally on trial (Doak et al 2021;Smith et al 2022;Herriott 2023). Emphasis on live 'contest' has been criticised for serving to further traumatise vulnerable witnesses, resulting in a 'secondary victimisation' for complainants of sexual offences (Reed and Caraballo 2021;Smith et al 2022;Stewart et al 2024;Williams 1984). Legal professionals have insisted that robust re-examination is necessary for assessing truth through demeanor; however, the undue consequences in cases involving vulnerability are well established.…”

Violence and posttraumatic change (PTC).

“…While not all victims or survivors of violent crime will interact with the system, those who do risk further harm. Victims of crime frequently report secondary victimization: they feel dehumanized by the insensitivity of the proceedings and its focus on offenders, confused by the lack of information they receive, and frustrated by the limited opportunities for meaningful participation (Office of the Federal Ombudsman for Victims of Crime, 2020; Reed & Caraballo, 2021; Wemmers, 2017). The criminal justice system may also reinforce gender inequity or systemic racism, adding intersectional layers of oppression (Bell, 2017; Chartrand, 2019; Potter, 2015).…”