Excluding the Term “Victim” from Criminal Trials and its Impact on Case Dispositions

• In Event: The Impact of Victimization on Punishment and Sentencing

Abstract

Legal decision-making has a profound impact on the likelihood of conviction and the severity of punishment. However, research has been limited as to how motions, including in limine petitions to request that evidence, witnesses, or terms be inadmissible, shape trial dispositions. In this study we use Westlaw legal databases and Massachusetts court docket records to determine (1) to what extent is the motion in limine to exclude referring to persons harmed by a crime as “victims” utilized in criminal cases; (2) how often is the motion allowed by judges; and (3) does the decision to approve or deny this motion impact case dispositions? Results indicate that in over 600 cases identified, nearly half were for defendants accused of sexual violence. Of the cases in which a decision was made (excluding cases in which a decision was unknown, or no action was taken), about 4 in 5 motions to exclude “victim” were allowed. Cases in which the motion was denied were more likely to result in a guilty disposition. Implications and directions for future research are discussed.

Authors

• Kaley Whipkey, University of Massachusetts Boston

• Heather Zaykowski, University of Massachusetts Boston