As Texans mark National Crime Victims’ Rights Week (April 23 to 29), we must take this opportunity to more fully empower crime victims to play a meaningful role in the criminal justice system.
One way we can empower crime victims in Texas is through mediation and binding contracts as a voluntary alternative to traditional prosecution for less serious crimes, such as property offenses. Pretrial victim-offender mediation in other states and countries has resulted in improved victim satisfaction, better offender outcomes, and reduced costs to taxpayers.
A victim-offender mediation program (VOMP) generally involves a face-to-face meeting between the offender and victim, with the assistance of a trained mediator. Victims must choose a VOMP over the traditional court system and offender participation is also voluntary, since the offender is required to take responsibility for his conduct and waive his right to trial and appeal. VOMPs offer victims an expedited means of obtaining justice in contrast to protracted pretrial proceedings, jury selection, and the prospect of seemingly endless appeals.
The effectiveness of VOMPs is well documented. Some 95 percent of cases mediated result in a written agreement, and 90 percent of these restitution agreements are completed within one year – far exceeding the national collection rate of 20 to 30 percent for court-ordered restitution.
Some of the difference in restitution performance has been attributed to the sense of moral obligation instilled in the offender after the face-to-face meeting and agreement with the victim. Also, because an offender who goes through a VOMP may avoid a conviction on their record, they are more successful in finding or retaining a job that enables them to pay restitution.
Evidence also suggests that VOMPs improve victim satisfaction and reduce recidivism. One study found that 79 percent of victims who participated in VOMPs were satisfied, compared with 57 percent of victims who went through the traditional court system. Also, the 1,298 juveniles who participated in a pretrial VOMP were 32 percent less likely to recidivate.
Finally, VOMPs save taxpayers’ money, as they reduce utilization of courts and prosecutors. One study found that a California VOMP costs only $250 per case.
Texas must also reform plea bargaining to ensure that victims are not shut out of this process that accounts for most criminal sentencing today.
Texas is not among the 22 states that require prosecutors to obtain the victim’s views concerning a proposed plea bargain. Arizona is the national leader in this area, requiring not only that prosecutors consult with victims, but also guaranteeing victims the right to be present and heard during any settlement discussions attended by the defendant. Arizona further requires that judges consider the victim’s viewpoint in deciding whether to accept the plea. Texas law only says the judge must “inquire as to whether a victim impact statement has been returned.”
Some fear more victim involvement, claiming that retributive motives will lead to overly harsh sentences. However, one study found that, when victims of nonviolent offenses are given the opportunity to choose from various sentencing alternatives, 99 percent are willing to accept an alternative to incarceration. In fact, the marginalization of victims in the modern criminal justice system has occurred while prisons have swelled with nonviolent offenders.
Giving victims the option of mediation and a seat at the table in plea bargaining is not a matter of retribution; it is a matter of justice.
Marc A. Levin, Esq. is director of the Center for Effective Justice at the Texas Public Policy Foundation.