Second Chances for Defendants Should Not Mean No Justice for Victims
In an article written for the American Thinker, victim advocate Patricia Wenskunas argues that discussions about failure-to-appear rates in court overwhelmingly focus on the challenges faced by defendants while largely ignoring the harm done to victims. She contends that when defendants skip court dates, victims are repeatedly forced to rearrange their lives to attend hearings, only to see cases delayed or dismissed. Wenskunas criticizes reform efforts and articles, such as one by Jennifer Doleac, that advocate for giving defendants “second chances” without acknowledging how these policies can deny victims closure, protection, and justice. She acknowledges that tools like court reminders can help with minor offenses, but maintains that serious crimes require meaningful accountability, including financial consequences, to ensure defendants appear in court.
Wenskunas stresses that victims also face significant hardships – such as work conflicts, transportation issues and emotional trauma – yet they are expected to show up, while defendants are often excused for missing court. She argues that true reform must balance compassion for defendants with the rights and safety of victims, rather than shifting the burden of non-appearance onto those who have already been harmed.
An excerpt from the article as well as a link to the full article is below
SECOND CHANCES FOR DEFENDANTS, NO JUSTICE FOR VICTIMS
Patricia Wenskunas | April 1, 2026
In an increasingly no-bail society, the judicial system ignores the victims who keep appearing in court for trials at which the defendant is a no-show.
When defendants fail to appear in court, the public conversation usually centers on administrative costs, jail overcrowding, or the practical barriers that may have kept them away—missed buses, work conflicts, childcare problems, or confusing court notices. Those are real issues, and practical reforms such as clearer paperwork and court-date reminders can help reduce missed appearances. But one group is too often left out of this discussion: the victims whose cases are delayed, weakened, or sometimes lost entirely when a defendant does not show up.
As a victim advocate who has spent more than 25 years supporting survivors of robbery, assault, domestic violence, and other crimes in California, I have heard all the arguments for why some defendants miss court dates. They include “real struggles” with things like transportation, family responsibilities, work schedules, and confusing paperwork. Advocates typically praise low-cost interventions, such as redesigned summons forms and text reminders, claiming they reduce failure-to-appear (FTA) rates.
