Victim Impact Statements: A Piece of Justice

by Donna R. Gore, M.A.

Crime: The Domino Effect

The domino effect causes a sequence of reactions where a reactive product or by-product causes additional reactions to take place. It typically refers to a linked sequence of events where the time between successive events is relatively small.

And so it goes… when crime occurs… the dominoes fall…

The Victim Impact Statement
One of the remaining avenues for crime victims to have a voice within the courts is through victim impact statements. Victim impact statements are usually read after trial as a way to get into the record the impact of the crime on the victims along with their friends and families.

Creating the appropriate victim impact statement can be a daunting task for families during one of the most traumatic times in their lives. After the initial loss, the journey through the judicial system can be equally frustrating, time-consuming and emotionally draining, re-traumatizing and bringing grief back to the surface. To best utilize the victims’ right to present a victim impact statement at trial, you must be clear-headed and as objective as possible, which for the crime victim is next to impossible.

Explaining the Overall Impact -
You want to convey the journey and the overall toll it has taken from many perspectives-emotionally, psychologically, physically, financially, your outlook on life currently and projecting into the future, your wishes regarding the disposition of the perpetrator, and changes to the system which negatively impacted and/or re-victimized you or alternately, your satisfaction with how you were treated.

Familiarizing the deciding body with the victim… beyond victimization … It is imperative that you provide a complete portrayal of your loved one both visually and narratively, as this may be your sole opportunity for several years (several years up until the point of your initial court or parole appearance or several years until you obtain another opportunity!) Talk about who your loved one was beyond the crime…. Their assets, talents, what they contributed to the family and to others and their aspirations for the future that were taken away…

Expressing Fear for Your Personal Safety- This is one of your Constitutional rights…(Currently in 33 states and under the Federal Statute - Crime Victim’s Right’s Act enacted in October 2004: http://www.ojp.usdoj.gov/ovc/rights/legislation.html-***The right to be reasonably protected.

Seeking Restitution- Restitution is payment by the offender to the victim to cover some or all of the costs associated with a crime. It is ordered by a judge and usually paid through the Court Support Services Division, or other entity within your state…To request restitution in a criminal court case, contact the State’s Attorney Office or the OVS victim services advocate, located in the court where the criminal case will be prosecuted.

Social Security Administration
Victims or their family members may be eligible for survivor benefits, Medicare, and other social security benefits. For more information, please call the Social Security Administration (SSA) toll-free at 800-772-1213, TTD: 800-325-0778, or visit the Social Security Administration website.

Workers’ Compensation Commission
Available to employees through their employers, workers’ compensation provides wage replacement benefits and medical treatment for injuries that occurred in the workplace or on company property. For more information, call the Workers’ Compensation Commission (WCC) toll-free, in Connecticut only, 800-223-9675 or visit the Worker's Compensation Commission website.

“Revenge” -Emotional Release Whether you call it “revenge” or “emotional release” or “venting,” there is some latitude given here…as opposed to the criminal court process in which a poker face must be maintained with no emotion allowed whatsoever or you will be banished from the court… It is normal to have emotion and to show your sorrow and anger….

Adding Information to the Criminal Proceeding -  Parole/Pardons Board You may have relevant information pertaining to the defendant for the court or parole/pardons board which can influence the ultimate length or provisions of sentencing. It is important that this information be shared and part of the record. [Ladyjustice- As per Atty. M. Cruz, crime victims are not given the opportunity to provide a victim impact statement during civil trials because the attorney represents the interests of the victim directly in civil proceedings (and could argue for damages on their behalf )… WHEREAS in a criminal trial, prosecutors represent the interests of the State and not the victims directly].

Altering Sentencing Your information could be the determining factor in whether the defendant stays in prison or not. Ladyjustice attended a parole hearing several years ago on behalf of a victim’s family in New Haven, in which following the presentation of the parent’s victim impact statements, the perpetrator was given an additional 10 year sentence!! This also occurred with a friend’s case whose brother was murdered California! You may think that the outcome is always pre-determined… BUT there are those instances in which you CAN effect significant change…

Educating Judicial Officials Regarding Victim’s Constitutional Rights: It is more the exception than the rule that the victim’s rights are known, acknowledged and enforced in whichever arena …. You have to be your own advocate and educate others, obtain an attorney who has expertise in crime victim rights. Even when you “have your ducks in arrow” you probably will have to fight for those rights as you encounter resistance. NEVER ASSUME THEY KNOW AND WILL ENFORCE! …. This writer’s experience is a prime example… http://donnagore.com/2013/04/29/justice-and-accountability/

A Forum to Express Forgiveness (In a small percentage of cases) Whether we collectively or individually agree, regardless of the heinous acts of violence resulting in maiming or taking of a life(s), there are those victims who have the capacity to forgive …even murderers because of their strong religious beliefs… [LJ- I say you may have a straight shot to heaven for this more than generous act. Ladyjustice prides herself on being a good person to all those who are deserving…. BUT, she is not THAT generous!]

Related Issues:

In the Intervening Years…..Hypothetically, a perpetrator is sentenced to 25 to 50 years…. Are they actually going to serve all of that time? The answer is “No.” In very general terms, it’s usually the mandatory minimum …perhaps 80% of the sentence in combination with other factors such as” earned good time,” depending on the state and whether determinant sentencing or indeterminate sentencing was ”the yardstick” at the time; whether there were mistakes made in the prosecution and potential issues for appeal and the fact that now…. the rules have changed…. So… law enforcement should never make promises to families about the perp “never getting out.”

What should the family do to prepare in those intervening years? What they should do and what they are able to do are two different matters….

Large proportions of victims put “it“ away in the corner of their minds and don’t want to think about it until and unless they have to... Those of us who are in "the business" of victim advocacy are different, as we have a different personal investment and reasons for staying involved. Those victims who chose not to stay engaged and seemingly “move on with their lives” until the boom drops…they get the call or letter and the dominoes begin to fall ….

A likely scenario is that they suddenly panic…or are steadfast in their anger and resentment…. "Why should I change anything in my life when he is the criminal, not me?"

This is a normal “self preservation type reaction…. They are fearful and angry of the impact for which they have no control They feel that they are not responsible to do anything…for they never asked for this to occur… Thisisalltrue… However, it is cliché… But ..life is what happens when we are busy making other plans. In fact, “someone “must deal with it….

Therefore, a few suggestions:
If you cannot or chose not to be involved with what will occur in the intervening years, you must not live “in a dream world” thinking it’s over for good ….. In fact, that chapter may be over… You must:
Accept the possibility that you may have won the battle, but not the war….
Be vigilant…. You do not have to immerse yourself in crime victim issued daily…. But you must have a working knowledge of the process, your case and the potential for it to “rise up out of the ashes” again
Hire an attorney who is skilled regarding crime victim issues or seek out pro bono legal

Services in your state: http://apps.americanbar.org/legalservices/probono/directory.html http://www.probono.net/about/

Should I or Should I Not Attend a Sentencing or Hearing?

According to Michelle S. Cruz, Attorney and Crime Victim Advocate, time has not been a true friend to victims when it comes to misinformation by prosecutors and other judicial persons providing advice. Even in November 2013, their attitude is cavalier on this matter, frequently telling victims,(regardless of the type of case,) ”Oh, you don’t have to bother…It’s no big deal…)

How many times have we heard that one and then…. It turned out to be a significant event. Whether for expediency or laziness, victims need to decide if they should be there as part of their rights…and never be told “It’s not as big deal.” Information is power…. Your option is always to have your assigned victim advocate or your private attorney appear on your behalf and report directly what transpired.

How Did It All Begin?

We could not conclude this discussion on crime and victim impact statements without paying homage to the person credited with giving the first official victim impact statement….

Doris Gwendolyn Tate (January 16, 1924 – July 10, 1992) was an advocate for the rights of crime victims. following the murder of her daughter, actress Sharon Tate. She worked to raise public awareness about the United States corrections system and was influential in the amendment of California laws relating to the victims of violent crime.

Doris was born in Houston Texas, and mother of three daughters. In 1969, Sharon, was at the beginning of a film career, and married to film director Roman Polanski Eight months pregnant with their first child, Tate and four others were murdered at the Polanski’s' rented Beverly Hills home in a case that was sensationalized throughout the world.

The killers were eventually identified as Charles “Tex “Watson, Susan Atkins and Patricia Krenwinkel, acting on behalf of the leader of their group, Charles Manson.

All four were found guilty of the murders and sentenced to death, along with Lesley Van Houten, who had not participated in the murder of the Tate victims, but had participated in the murder of a Los Angeles couple the following night.

The death sentences were overturned before they could be applied. when the State of California temporarily abolished the death penalty.

For more than a decade after the murders, Doris Tate battled depression and unable to discuss her daughter's death.

The Turning Point: In 1982, Doris was told that Leslie Van Houten had obtained 900 signatures supporting her quest to achieve parole. Tate mounted a public campaign against Van Houten, winning the support of the National Enquirer, which printed coupons for people to sign and send to Doris With more than 350,000 signatures, Tate demonstrated that a considerable number of people opposed Van Houten's parole, which was denied.

She later became an active member of the Victim Offender Reconciliation and Justice for Homicide Victims groups. She founded COVER, the Coalition on Victim's Equal Rights, and served on the California State Advisory Committee on Correctional Services as a victims' representative.

She was part of a group that worked toward the passage of Proposition 8, the Victim's Rights Bill, which was passed in 1982. It allowed the presentation of victim impact statements during the sentencing of violent attackers.

Tate became the first Californian to make such a statement after the law was passed, when she spoke at the parole hearing of one of her daughter's killers.

In 1984 she ran for the California State Assembly as an advocate for victim's rights. Though unsuccessful,, she continued to campaign for changes to existing laws, and was involved in the passage of Proposition 89, which allowed the governor of the state to overturn decisions made by the Board of Prison Terms.

Tate's assessment of Manson, Watson, Atkins, Krenwinkel and Van Houten concluded that their crimes were so vicious as to warrant execution. While addressing Charles Watson at his 1984 parole hearing, she said,

"What mercy, sir, did you show my daughter when she was begging for her life? What mercy did you show my daughter when she said, “Give me two weeks to have my baby and then you can kill me?

When will Sharon come up for parole? Will these seven victims and possibly more walk out of their graves if you get paroled? You cannot be trusted”. She confronted Watson again at his 1990 parole hearing.



The Doris Tate Crime Victim’s Bureau

http://www.ican-foundation.org/about/

http://tatefoundation.com/?q=doris_tate

http://www.sharontate.net/bio4.html

How Far We’ve Come:

Judges and juries care about what you have been through. It hasn’t always been that way.

Victim advocate Jo Kolanda describes a sentencing hearing she attended in the 1970’s:

“I went to court for the sentencing of a defendant who had been convicted of homicide by intoxicated use of a vehicle. With me were the mom and dad of the young woman he killed.

The offender’s parents, friends, and pastor told the court what a wonderful guy he was. The victim’s parents asked the assistant district attorney to ask the judge if they could tell the court about their daughter. The judge said they could not because . “It would be inflammatory.” Then he added that….. “He couldn’t understand why this simple traffic case was cluttering up his court calendar in the first place.”
[Reference: Janice Harris Lord, ACSW-LMSW/LPC For Mothers Against Drunk Driving Copyright © 2003 Mothers Against Drunk Driving, James Rowland, founder of the Victim Impact Statement; Anne Seymour of Justice Solutions in Washington, D.C et.al]

Other References
http://www.sccvc.org/sccvc/documents/Your_Victim_Impact_Statement.pdf
http://ovc.ncjrs.gov/ncvrw2013/pdf/Landmarks.pdf
http://www.jud.ct.gov/Publications/vs010.pdf

Donna Gore created a service program for crime victims and offers her assistance in creating a cohesive victim impact statement tailored to the individuals and their cases. She recognizes that this could be of great value to not only the crime victim, but to the court system as well.

By using Gore’s services a crime victim can be coached on how to best present their victim impact statement. From her vast experience volunteering in the courtroom, she is able to act as a liaison with advocates who may not have the same experiences. Working with the court advocates, attorneys, and prosecutors, not only will the crime victims’ voices be heard, they will be presented professionally, courteously, and effectively.

Donna R. Gore is a consultant and trainer with the Office of Victim Services within the US Department of Justice. She is the host of the internet radio show, Shattered Lives which broadcasts every Saturday at 5pm Eastern time on the Inside Lenz Network.

A Final Act in San Diego by “The Terminator Governor”

By Donna R. Gore, M.A.

“Double, Double Toil and Trouble… Fire Burn and Cauldron Bubble….”

Is this refrain from a chorus of California outraged citizens and lawmakers or could it be from William Shakespeare’s, Macbeth????

Well, my dear bloggers, I invite you to be the judge…..

Consider this…. We may have the makings of a witches brew for sure…

‘Just the Facts, Ma’am…(as reported by a variety of San Diego and Los Angeles new sources)

1) A well connected Governor on his way out who, along with increasing the State deficit by billions, was frequently “all show and little substance”;

2) A desire by a group of guys to party beyond their geographic confines of Sacramento fueled by alcohol;

3) The denial of entry into a fraternity party;

4) A 22 year old San Diego State University Student named Luis Santos is seemingly in the wrong place at the wrong time, the apartment of his cousin;

5) A fatal stabbing and wounding of three others occurs;

6) A young thug, Ryan Jett, who had previous felony convictions
and was on probation for having a sawed-off shotgun and possessing ammunition at the time of the killing;

7) The defendants originally charged with murder, assault, vandalism, conspiracy to commit an assault and conspiracy to destroy evidence.  Had they been convicted, they both would have faced 25 years to life behind bars.  Now a politically tied defendant may serve only 7 years;

8) A crime victims’ advocacy group called “Crime Victims United California” had the foresight and proactive style to file a civil law suit  on behalf of the Santos family against Governor Schwarzenegger and the California Department of Corrections and Rehabilitation;

9) The arrogance of a Governor clearly shone through by violating the family's constitutional rights under Marsy's Law by illegally commuting the sentence for Esteban Nunez from 16 years to 7 years on his last day in office;

(Fabian Nunez, a Democrat, served as Assembly speaker from 2004 to 2008. He is also a business partner of the governor's top political adviser at the consulting firm Mercury Public Affairs, according to the Los Angeles Times)

10) San Diego prosecutors state that they are unaware of any other case in which a defendant who entered a plea agreement later had his sentence reduced by commutation.

11) A prime opportunity to showcase Marsy’s Law exists;

(***Please refer to details regarding the 2008 California Marsy’s Law at the end of this blog….)

12) This victim’s family was never notified that a defendant’s original sentence was being commuted and found out via news reports, in direct violation of the California Constitution and statutory authority.

13) Family members of a former state assembly Speaker Fabian Nunez appeared to care only for the creature comforts of their felonious relative, Esteban, by sending him an electronic Kindle that was confiscated by prison staff;

14) A shocked San Diego County District Attorney Bonnie Dumanis:"It re-victimizes Luis's family, his parents, it blindsided the District Attorney's Office, and it undermined the criminal justice system.”

"We wanted to make sure that crime victims and prosecutors are notified within a defined time frame when an application for commutation is made in the future," Dumanis said;

15) Another lawsuit may take place as District Attorney Dumanis said her office may also file a lawsuit in the matter.

16) The potential  birth of new legislation Assembly Bill 648 by Assembly member Nathan Fletcher (AD-75) and Assembly member Marty Block

(AD-78) (As of February 18, 2011)

AB 648 would require that the applicant of a commutation notify the district attorney of the county where the conviction occurred of their intent to apply for a commutation, 30 days before the Governor acts. Current law only requires the district attorney to be notified in the case of a pardon.

The bill would also authorize the district attorney to submit a written recommendation to the Governor for or against a pardon or commutation of sentence. The bill would further require the district attorney to notify the victim of the crime and their family, and allow those individuals to submit a recommendation to the Governor for or against a pardon or commutation of sentence.

AB 648 requires a majority vote by both the Assembly and the Senate and Signature by the new Governor, Jerry Brown.

17) Judge Robert F. O’Neill told Nunez during sentencing that his actions after the crime showed a "callousness to human life -- evil."

18) Defendant Ryan Jett, at the time of sentencing tells the judge that “he will spend the rest of his life honoring Santos' memory.”

Details of the Case:
Just when we think we have a little piece of justice after the arduous investigative and judicial processes are completed, an outgoing Governor rips out the hearts of the Santos family of San Diego, (just like his Terminator character) for a political favor….

Kathy and Fred Santos are the bereaved parents of slain San Diego State University student Luis Santos.  This tragedy occurred on October 22, 2008 when Luis was a 22 year old at San Diego Mesa College was targeted by four others.

A witness told detectives that Santos said carried a "piece" and wouldn't back down from anyone, and apparently the defendants' group overheard the remarks. After one of the victims cried out "I've been stabbed," Nunez was overheard to say, "Yeah, I got one of 'em," DiCarlo told the judge.

According to court testimony, Esteban Nunez and Ryan Jett, along with Raphael Garcia, traveled from Sacramento to San Diego to party and picked up Leshanor Thomas along the way. Witnesses testified they set upon Santos and several other people after they were denied entry to a fraternity party.
Two co-defendants, 20-year-old Rafael Garcia and 21-year-old Leshanor Thomas, pleaded guilty earlier to lesser charges.

Garcia, of Sacramento, pleaded guilty to conspiracy to destroy evidence and agreed to cooperate with the prosecution. He faced up to three years in prison at his June 24 sentencing.

Thomas, also from Sacramento, pleaded guilty to conspiracy to commit an assault and assault with a deadly weapon and faced nearly five years behind bars.

A judge last year found that Nunez, Garcia and Jett were "talking smack" and "looking for trouble" at the apartment of Garcia's cousin in the hours leading up to the fatal stabbing.

Defense attorneys contended their clients were acting in self-defense after a fight broke out. Santos was stabbed once in the heart," the prosecutor said, adding that the victims were unarmed. After the killing, the defendants drove back to Sacramento returned home burning their bloody clothes and threw their knives into a river.

"They're all principals," DiCarlo said. "It doesn't matter if one wasn't armed.
Jett's attorney, Terry Zimmerman, said her client believed he had to defend himself as the fight broke out. Zimmerman said both Santos and Jett were both good young men.

"This was a situational event fueled by alcohol," Zimmerman told the judge. "This was not a premeditated act."

"Had they not all acted together, Luis would still be alive," Deputy District Attorney Jill DiCarlo said.  DiCarlo said the notion that Jett showed restraint by only stabbing Santos once was "absurd." Santos was fatally stabbed once in the heart," the prosecutor said, adding that the victims were unarmed.  Garcia and Thomas pleaded guilty to lesser charges.

Defense attorney Brad Patton said Nunez's sentence was too harsh and Schwarzenegger's commutation corrected an injustice.

But Luis Santos' mother, Kathy, who lives in Concord, said Schwarzenegger's action was strictly a political act.

She said her son was “the entertainer in the family and a people-magnet."
"We had a perfect family of four," she told the defendants. "You stole a very important part of our family. I hope you will suffer forever more."

Fred Santos, father of Luis, said the bill is not intended to take away the governor's power to grant clemency in certain cases.

"We just want transparency, we want notification," he said. "Give everybody a chance to comment before a decision is made rather than doing this in a sneaky way like this was done."

Marsey’s Law: California’s Victims’ Bill of Rights

Marsy’s Law significantly expands the rights of victims in California. Under Marsy’s Law, the California Constitution article I, § 28, section (b) now provides victims with the following enumerated rights:

To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
To be reasonably protected from the defendant and persons acting on behalf of the defendant.
To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.

To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.

To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.

To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.

To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.

To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.

To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.

To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.

To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.

To restitution.
It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.

All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.

To the prompt return of property when no longer needed as evidence.

To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.

To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.

To be informed of the rights enumerated in paragraphs (1) through (16).

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As we stand by for the next chapter, will the Santos Family receive a little piece of justice that was stolen from them?   I don’t know….

Double, Double Toil and Trouble… Fire Burn and Cauldron Bubble….

Governor Jerry Brown’s Contact information is:
Governor Jerry Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814
Phone: (916) 445-2841
Fax: (916) 558-3160


Donna R. Gore, M.A. 
http://donnagore.wordpress.com

“Ask Me No Questions and I’ll Tell You No Lies”

By Donna Gore, M.A. 

There is no denying a survivor of crime’s pain no matter what form it takes, whether it is homicide, stalking, assault, domestic violence, a hate crime, home invasion, kidnapping etc., they all represent long lasting violations on the human condition.

However, as a homicide survivor, I cannot stand in judgment of those who have experienced any one of these types of crimes. For me to pre-suppose and say I have “walked in their shoes” would seem somewhat arrogant. Why....? ‘Because an apple is not identical to an orange….. My environment, education and life experience is unique unto me and therefore, I cannot say “I know what you are going through” in the true sense. But, we do have commonalities. This is what keeps me humble, for I really don’t have any idea what anyone is burdened with on a day to day basis, irrespective of crime.

It struck me when reading about someone else‘s victimization recently that I cannot embrace everyone’s pain all of the time. I am one of the most compassionate people on earth. BUT, it cannot be squandered. In the language of professional therapists, I believe they refer to “compassion fatigue,” a type of burnout, as a very real pitfall in certain professions.

I raise these issues as I want to discuss the difference between “Victim” versus “Survivor” and “Entitlement” versus “Reality.” I can personally affiliate with a number of oppressed minorities should I choose to, at any given time. These include –female, LGBT community member, physically challenged member, homicide survivor, lefty/left-handed, person surviving a ridiculous number of surgical procedures as a child…..

Given all of these minority based affiliations, I am well aware of the difference between victims versus survivor.

I caution all survivors of crime, that if we are not careful to protect our psyche, we can easily step over the line.

According to the 2010 Random House dictionary a “Victim” can be: 


1) A person who suffers from a destructive or injurious action or agency: (as in a victim of an automobile accident).

2) A person who is deceived or cheated, as by his or her own emotions or ignorance, by the dishonesty of others, or by some impersonal agency: (as in a victim of misplaced confidence; the victim of a swindler; a victim of an optical illusion).

3) A person or animal sacrificed or regarded as sacrificed (as in war victims).

4) A living creature sacrificed in religious rites.

(You can judge for yourself whether these are illuminating examples of “victim hood.” DRG)

I can attest to the fact that we are sufferers of destruction and injury, deceived and cheated, at times by our own emotions and sacrificed at the expense of others’ actions.

“Survivor” definitions that apply can be:

1) A person or thing that survives.

2) A person who continues to function or prosper in spite of opposition, hardship, or setbacks.

***The second definition, ladies and gentlemen, is what we strive for and the equivalent of the “Take Back the Night” rallies.

Entitlement Definition: To give (a person or thing) a title, right, or claim to something; furnish with grounds for laying claim.

(Such a definition appears hollow and without substance or context. DRG).

Aren’t we entitled to our rights as crime victims? Aren’t we entitled to our anger and respect? Aren’t we entitled to revenge…. Or to have our loved one back again…or our body and mind restored to health …or to feel safe again? We are entitled, aren’t we?

Contrast Entitlement with Reality, or the knowledge that life, indeed is more often “not fair” despite our best efforts. Survivors of crime eventually come to know that they cannot resolve the “why me why us” and must move on to address the “what next” instead!

So, when crime happens to you, what is your alternative? You sit around the circle of the support group and listen, or cry, or contribute. Alternately, you can become an advocate/activist or you can become stuck in your anger until it destroys the fiber of your being. You may also continue to deny, place blame on everyone else for your prolonged dysfunction or escape to a fantasy world. All of these negative responses feel like lies, as they are not “who we used to be.”

**But the bigger lie is to not place blame squarely on the perpetrator(s) and at times, the vulnerability and/ or unwise decisions of those murdered. It’s a slippery slope when you allow your emotions to become an indictment of society as a whole. You have so many conflicting emotions that you lose perspective.

In my opinion, the difference between being a victim and a survivor is huge. The key to crossing over to survivor status is motivation. I can say with certainty that we all start out as a victim- a victim of the event itself a victim of circumstances that follow, a victim of “the system.” And then, slowly but surely, if we are fortunate enough to receive support and counseling designed specifically for this experience, we see that wallowing in our own victimization ends up being worse than death itself and a luxury we cannot afford.

Rather, some of us realize that to use our grief toward positive outcomes for others is in itself immensely therapeutic…. and the only conceivable path for “a new day.”

So I say, carry on as best you can, healing more with each day looking forward and taking control of your life in the smallest of ways. To do otherwise, is giving power to the perpetrator(s) and sinking your soul into the abyss.

Respectfully Submitted,
Donna R. Gore, M. A.
Homicide Survivor from Connecticut

A Vision for Being Victim-Centered Until We Are Victim-less

By David Voth 

A good heart can make a difference in someone’s life. A good plan guides a good heart to make a difference in thousands of people’s lives. A plan for victim recovery is the precursor to the Promised Land of having no victims.

Put your long range wondering cap on. Look beyond the daily problems and words we use, victim, witness, survivor, or thriver, and imagine what it means to put victims first, at the center of our services and systems. Consider the idea that the master plan for a victim centered, and ultimately victim-less world, is twofold and multi-faceted. It involves the individual and systemic responses.

The Individual Response

There are four core needs of victims: safety, healing, justice, and restitution (financial recovery). Victims’ recovery process has common themes and stages, but also varies for each person – specific to their disability, language, culture, or literacy level. For example, victims benefit when they are assured that they are not alone, are believed, and have their immediate safety issues addressed. Some just want their money back. Personal support is everyone’s role -- family, friends, co-workers, parishioners, Victim Advocates, and neighbors.


Victim Outcomes

For programs responding victims, the four outcomes of safety, healing, justice, and restitution are the reason they exist. That includes providing protection orders, crisis counseling, system guide, and compensation assistance. However, even doubling these services with a new grant is not the goal. Success is when, in the end, the victim is safer, is healing emotionally, is receiving justice, and is able to pay their bills. Logic models with practice-based and research informed outcomes can help victims create an individual and sequential plan for their recovery, even in unprosecuted crimes. Victim-centered outcomes are also victim-driven.


Victim Services

However, outcomes are not the whole picture. A victim-centered response includes assuring Access (are services visible, accessible, acceptable, and available when needed?), Structure (are services provided with best-practice governance, partnerships, tools, staff, and the right services?), and Process (are victims treated ethically, professionally, uniquely, and sensitively?) If victims don’t know about you, you don’t have the needed services, or you do not treat or communicate with them well, then positive victim outcomes are limited to very few victims.

The Systemic Response

Crime is a violation of people and the fabric of society, not just a law. Going upstream to stop victimization involves obstructing undercurrents of sexism, power and control, racism, and privilege, while building dams of prevention and morality, and assuring a victim-centered justice system for those we fail to protect. We must believe and plan for the elimination of crime, just as Mothers Against Drunk Driving is striving to eliminate drunk driving, through technological, moral, and enforcement improvements.


Prevention Issues

One facet to eliminating victimization includes supporting the six levels of the “spectrum of prevention” advocated by the National Sexual Violence Resource Center. They are key to changing the societal response to crime. The solution includes 1) strengthening individual knowledge and skills, 2) promoting community education, 3) educating providers, 4) fostering coalitions and networks, 5) changing organizational practices, and 6) influencing policies and legislation. Research also tells us that being a victim once is a higher correlation to future victimization than age, gender, geography, or race. Prevention is key, and includes re-victimization.


Moral Issues

Building societal impediments to crime is like fighting the tide unless millions of consciences are also awakened. Crime is a moral issue. It is not an act of God, but a force of (human) nature. Our moral response to victims must be equal to the other customer of grace, the offender. A victim centered response includes offender culpability (from the outside) and responsibility (from in the inside). Since faith without works is dead, we must practically support victims in a spiritual and neighborly sense, including a seamless safety net for the abused, assaulted, and arsoned, with sanctuary, funding, rights, and services. It takes a spiritual village to name and turn back evil, even as we change hearts one person at a time.


Justice Issues

For years to come there will be victims caught in crime’s raging waters. So, from investigation, protection orders, and trials to offender releases, our laws and protocols must be focused on victim’s need for safety, healing, fairness, and financial wholeness. Every justice system delay and decision must include the balancing question, “How might this affect the victim’s safety and recovery?” For example in the financial recovery area, restitution laws and practices must preserve defendant’s assets before they are destroyed or unavailable for restitution, must comprehensively determine losses, and must prioritize payment to victims. The primary obligation is to the victim, before creditors, courts, or taxing authorities. “Justice for all” assures victim’s right to be informed, present, and heard while always being treated with fairness, dignity, and respect.

Our vision is to plan, research, and put into practice a world where victims’ needs are central at every point their lives might be affected, before and after the crime. We need a victim-centered individual and systemic response. If we can imagine it, someday we can live in it. Then, as we become victim-centered, the remaining systemic mountains can be moved to eliminate crime with new family, spiritual, and cultural values that prioritize true Shalom.

David L. Voth has been director of Crime Victim Services, a comprehensive victim advocacy program in Ohio, since 1985.  He has helped draft and testified on victim rights legislation in Ohio and Congress, and is author of the book, Quality Victim Advocacy: A Field Guide.