CJI

The Role of
Criminal Justice System Personnel


Throughout the U.S., victims and witnesses of crime are realizing that "the system" cares about their loss and injuries. Agencies within the criminal justice system are learning to be more respectful and responsive to individuals who have been victimized.

During the course of a criminal investigation and prosecution, victims and witnesses will come into contact with many individuals who are part of the criminal justice system.



ROLE OF LAW ENFORCEMENT

The primary functions of law enforcement officials is that of an impartial investigator and protector of public safety. Police officers or sheriff deputies are the first to respond to the crime scene and first to have contact with victims. The initial information the victim provides to law enforcement is the most critical factor in solving a crime.

After an initial report has been made to the duty officer, an investigator is typically assigned to interview victims and witnesses, collect evidence and tie components of the investigation together to present to the county attorney for charging consideration.

ROLE OF THE VICTIM ADVOCATE

The victim service provider is the victim's voice in the criminal justice system. The foremost goal of a victim advocate is to help victims cope with the traumatic effects of the criminal act and assist them. Advocates serve as a liaison between the victims and law enforcement, prosecutors, judges and corrections agencies.

Victim advocate programs can be sponsored by various organizations in differing communities which determine the type of services provided to victims. Services may be found in police, courts and corrections departments, the prosecutor's office, or in community based programs. Services might include:

  • Emergency services
  • Support/Intervention
  • Claims assistance
  • Court-related services
  • Crisis and follow-up counseling
  • Referrals
  • Education/training


ROLE OF THE PROSECUTOR

The prosecutor is an elected official whose jurisdiction is determined by county or city boundaries and is known as the county or city attorney. In many other states, this official is known as the district attorney. The county attorney represents the government's response to crime and his/her prosecutorial services are paid by the county. In some large cities, the city attorney handles misdemeanor crime and the county attorney prosecutes felony level matters, while in other regions, both felony and misdemeanor crimes are prosecuted by the county attorney.

The prosecutor coordinates the government's response to crime, from the initial screening, when the prosecutor decides whether or not to charge a case, all the way through sentencing. The prosecutor's duties include:

  • Assessing the investigative reports to determine whether there is sufficient evidence to file a criminal complaint against a suspect or whether a complaint should be denied (the lack of sufficient evidence or the unavailability of witnesses are often factors for denying a criminal complaint);
  • Notifying victims of criminal charges, victims' rights, the availability of services, court dates, plea agreement, pre-trial diversion, changes in court schedules, and the date, time and place of sentencing;
  • Witness trial preparation and management.


ROLE OF THE DEFENSE ATTORNEY

The defense council's role is to represent the defendant in all criminal court proceedings. The lawyer's job is to insure that all of the rights afforded to the accused are upheld throughout the criminal justice process. This includes arguments that challenge whether probable cause has been established, that the Miranda warning was properly administered, and to guarantee that the offender is given a fair trial.

If the defendant is unable to pay for an attorney, a court appointed public defender will be assigned to represent the defendant.

ROLE OF THE JUDGE

Judges are responsible for seeing that the laws of their jurisdiction are followed and that the procedures of the prosecution and the defense follow the law. Judges:

  • confirm probable cause for charged offenders
  • rule on appropriate bail and/or conditions of release
  • set dates for court hearings
  • oversee all court proceedings
  • impose sentences in accordance with plea agreements, recommendation of corrections, and within the Minnesota sentencing guidelines.


ROLE OF THE PROBATION OFFICER

Probation officers (POs) assume an active role following a plea or finding of the defendant's guilt. His/her duties include conducting a Pre-Sentence Investigation (PSI) which documents the offender's criminal and personal history which assists the judge in determining an appropriate sentence in accordance with any plea agreement.

Minnesota victims' rights legislation requires probation and corrections personnel provide specific services to victims. These rights include notification of the time and place of sentencing, the victim's right to be present, the right to provide a victim impact statement to be used for sentencing considerations, the right to apply for restitution, determine restitution payment schedule and, upon request, keep victims informed of the offender's incarceration, escape, transfer and release.


This information is taken from a brochure prepared by the Minnesota Center for Crime Victim Services and is used with their permission.
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