A new way to fight crime: Give the victim the help of a lawyer

THE CRIME victim is the modern-day Job. After being victimized by crime, he's further victimized by the workings of his own criminal justice system.

It just isn't right, and the South East Chicago Commission, committed to "the application of new techniques to community problems" in Chicago's Hyde Park-Kenwood area, is doing something unique about it. The commission provides crime victims with a lawyer who looks out for their interests.

Vitcim assistance
The lawyer is Cary Polikoff, the 30-year-old son of a circuit court judge. He has a 24-hour answering service at home. It's not uncommon for Polikoff to be awakened in the middle of the night by a phone call. There has been an armed robbery, and the unnerved victim has signed a form asking for his help. Polikoff hurries down to the police station, where he'll reassure the victim and stay with him until the police paperwork is complete,

Poiikoffs next step is getting the victim to court. Victims have a natural reluctance to come to court for preliminary hearings, and reluctant witnesses aren't worth much to the prosecution. Polikoff has spent hours convincing a victim not to be intimidated by the system or by threats.

Then there's the notification problem that has plagued the system. It's the police department's responsibility to tell witnesses when to be in court for a preliminary hearing. The arresting officer usually calls the victim a couple of days ahead of time. It's a time-consuming procedure that leaves much room for human error.

So Poiikoffs predecessor at the commission, John Beal, now an associate director of the Chicago Crime Commission, developed a computerized witness notification program. In its first nine months of operation, the program sent postcards to over 11,000 witnesses, only 5 per cent of whom failed to show up.

Because of delays and continuances, the average victim has to figure on four or five court appearances even before the case goes to the grand jury. Polikoff makes those appearances as painless as possible. Before each one, he checks to make sure the state's case is ready, then picks up the victim. He tells him what to expect, stays with him all day, then drops him off at home.

During the preliminary hearing, Polikoff acts as a watchdog, seeing to it that the state's attorney takes into account the victim's suffering. He lobbies for high bonds that will discourage defendants from jumping bond.

And Polikoff watches plea bargaining particularly closely. He tells the state's attorney whether he thinks the case is a good one and whether he thinks there should be a trial. Neither Polikoff nor his client have official standing, but, says Polikoff, "When I'm there both parties pay closer attention to what the law requires of them. They're not likely to sell out the victim in plea bargaining."

Plea bargaining
"At its best," according to Polikoff, "plea bargaining enables the criminal justice system to use its time and resources efficiently, dispensing with a trial in cases that might not result in a conviction. It can save taxpayers' money. But, at its worst, it destroys the normal adversary relationship of prosecutor and defense counsel. They're both looking for the same thing — the swiftest disposition of the case. That means a lesser charge or -a reduced sentence — or both — for no good reason."

Besides being an ombudsman and a watchdog, Polikoff is a catalyst for the various branches of government that affect the crime victim. He has found that "many of the system's problems are caused by the assumption that other links in the chain will malfunction. For instance, a state's attorney won't prosecute a case because he says the Department of Corrections hasn't got the facilities to handle the offender — because of the state law that prohibits housing juveniles and adults together. A juvenile would be tried as an adult, but the state's attorney feels the only penalty would be returning the offender to a juvenile institution. So there's no point in trying him as an adult."

The line-up
"I point out to the state's attorney that incarceration is the Department of Corrections' problem. Give them somebody they have to treat in a unique way. I can work on that problem, but not until the offender has been tried and convicted as an adult."

Another example of Poiikoffs role as catalyst is a line-up, which requires the cooperation of the police department, the state's attorney who runs the line-up, and the sheriffs office that supplies people appearing in the line-up. Thanks to Polikoff, arrangements for a line-up keeps the victim waiting only a short time.

The South East Chicago Commission's crime victim program is evidence of a shift in emphasis from the traditional concern for defendants' rights to a concern for society's interests — as represented by victims. The state Crime Victim Compensation Act is another manifestation of this trend.

Polikoff is surprised that the state program was instituted "before we had programs to take victims to court, expedite their stay in court, and take them home. It gives them a good feeling about the legal system." Sometimes all the money in the world isn't as important as a young lawyer with a 24-hour answering service.

126/Illinois Issues/April 1975