Criminal justice reform ignores victims of crime. That makes no sense

http://www.theguardian.com/commentisfree/2015/may/21/criminal-justice-reform-ignores-victims-of-that-makes-no-sense

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When policymakers think of the people who comprise the victims’ rights movement, young people of color from low-income communities may not be the first group that leaps to mind. But the facts suggest these survivors should be.

My organization conducted two years of research and found that one in five Californians experience crime – but its impact is concentrated and unequal. The majority of crime victims live in lower-income communities and repeat victimization is even more concentrated (echoing research on victimization in the entire US). When it comes to violent crime, those most likely to be repeatedly victimized are young people of color, especially African-American and Latino males.

Two out of three crime survivors reported being victimized more than once in the last five years. Many repeat victims have long histories of suffering multiple types of crimes, such as sexual exploitation, abuse or community violence. Worse still, only a small number of survivors receive any help, despite often experiencing severe depression, anxiety and post-traumatic stress in the aftermath of crime.

Young people of color from low-income communities bear an unconscionably disproportionate burden of violence and crime – and are victimized at staggering rates while also the least likely to get help to recover from trauma. Most frequently victimized, least often supported. There is something terribly wrong with this picture.

Beyond lacking access to recovery support, most crime victims also disagree with the direction criminal justice policymaking has taken over the last few decades of prison expansion. While the traditional approach to victims’ rights has focused on toughening punishments for people convicted of crime and strengthening the rights of victims during criminal proceedings, our research shows that most survivors of crime think that our current investments in justice system are unwise. Two out of three California victims surveyed believe bloated prisons either make inmates better at committing crimes or have no impact on crime at all. Most survivors want greater investments into rehabilitation, mental health treatment and prevention over bigger prisons and jails.

Listening to crime victims can tell us a lot how we should reform our safety and justice systems. We must embrace survivors as unexpected advocates for justice reform. It’s time to stop pretending that building more prisons protects survivors – it doesn’t.

Procedural rights for victims are critical, and accountability for people who commit crime is an essential component of an effective criminal justice system. Yet, many victims never even get to a courtroom. National statistics reveal that over half of violent crime goes unreported, eliminating any possibility of a prosecution. And even when violent crimes are reported, less than half result in an arrest. So focusing only on criminal proceedings leaves out the experiences and needs of the majority of crime survivors.

Packed prisons and extreme sentencing for the fraction of crimes that result in a conviction also depletes the very resources needed to improve victim protection and community safety. We need to rethink what investments can serve and protect as many victims as possible, including the communities most impacted by crime. We should pay special attention to the needs of those at greatest risk of being repeatedly victimized, such as youth of color.

When victims go without trauma recovery support, they risk being victimized again and falling through the cracks in life: dropping out of school, suffering health problems, self-medicating to the point of addiction and even turning to crime themselves.

David Guizar knows this well: growing up in South Central Los Angeles, his older brother – and father figure – was shot and killed when David was 10. He never learned what happened, nor did his family learn about or access any services that exist for survivors of violent crime.

David felt lost after his was family broken, and he filled the void with alcohol and drugs for decades, finally getting sober in 2006. Then, in 2012, another one of David’s brothers was killed when a stranger tried to enter a family wedding.

“After our family’s losses, we never heard about existing supports for survivors of crime, which would have made a big difference in our ability to recover,” said Guizar. “California clearly has the money – the state spends $10 billion per year on a prison system to respond to crime – but I and other survivors want lawmakers to know that we can invest these resources in smarter ways to help survivors both recover from and prevent crime.”

Instead of continuing to create harsh penalties that, in turn, create more prisons as our response to crime, we should invest in mental health care and trauma-informed services for anyone traumatized by violence, as well as safe places to go when crisis erupts, family support programs and economic recovery assistance for victims. We also need to improve the relationship between police, prosecutors and the communities they serve, so that victims trust – and can safely cooperate with – law enforcement to solve more crimes.

Despite the prevalence of pro-victim rhetoric during the prison-building era, few policymakers have asked themselves who experiences crime, who is most vulnerable to repeat crime or what survivors need to recover and avoid future harm. Most crime victims have never been at the center of attention of criminal justice policies, nor have their experiences and needs been considered as penal codes and prison populations mushroomed over the past three decades.

But the evidence suggests that when you ask the people most affected, survivors are less interested in spending tax dollars to fill more prisons and instead want to prioritize investments that will actually prevent crime in the first place. It is time for policymakers to finally listen – and put the perspectives of those most vulnerable to harm at the center of policies.