Explain victims’ rights and challenges (see Right to Protection, Right to Speedy Trial, Rights Related to Evidence, Issues with Victims’ Rights, pp. 102 – 1
Book: Leah E. Daigle and Lisa Muftić: Victimology – A Comprehensive Approach, Second Edition. ISBN 9781544344126. Sage Publishers.
Please complete a 650 to 750-word (2) review of the assigned weekly readings. Answer at least three questions below. You must select the questions from at least two different chapters! You will be graded for quality and a critical appraisal of the issue(s) in the chapters.
This class is oriented on a ‘Monday-Saturday’ schedule. You should post your original weekly chapter review to the Discussion board no later than Friday at 11:59 p.m. Responses to your classmates may be made after your original post has been submitted. Responses to your classmates must be completed no later than Saturday at 11:59 p.m. each week a reading response assignment is due. Late submissions will not be graded. For each topic’s reading response, there are TWO due dates; the first due date is Friday when original posts are due, and the second due date is Saturday when all responses to peers are due. Each student must respond to at least one classmate but may respond to more than one if desired. You must submit your own weekly reviews before you can comment on your peers' weekly reviews. In your comment, you should address some critical issues raised by your colleague in a paragraph (three to four sentences). “I enjoyed reading your post,” is not a relevant comment! Your comments are worth 20 points.
Week 1: Questions (Chapters 6, 7, and 8):
Answer three questions (below) from any chapter of your choice. You can write up to three pages (maximum) or one-and-a-half pages (minimum).
Chapter 6: Victims’ Rights and Remedies
Victims of crime suffer physically, emotionally, and financially. Are they left to recover on their own, or are there services available to them? Who has the responsibility to help crime victims? The federal and most state legislatures in the U.S. have passed victims’ rights laws to enhance victim privacy, protection, and participation (Garvin, 2010). Victims have some rights under the law in all states, ranging from the right to be notified of court and parole hearings, the right to be present and express opinions at sentencing hearings, the right to be consulted about plea agreements, the right to compensation and restitution, and the right to a speedy trial. However, victims of crime still face challenges in exercising their rights.
Questions:
1) Explain victims’ rights and challenges (see Right to Protection, Right to Speedy Trial, Rights Related to Evidence, Issues with Victims’ Rights, pp. 102 – 104).
2) Victims who suffer financial losses can apply for financial compensation from the state, receive restitution from the offender, or seek a civil remedy. Explain any two victim-compensation programs: victim compensation, restitution, and civil litigation (see pp 108 -111).
3) The restorative justice movement believes that reducing crime is not only by punishing the offender or following a strict adversarial system that sets the defendant against the state. Instead, all parties impacted by crime should dialogue to resolve crime and victimization issues. Discuss restorative justice (pp. 115-116) or Victim-Offender Mediation Programs (pp.117 – 118).
Chapter 7: Homicide Victimization
Homicide is defined as the killing of an individual by another. It is subdivided into excusable, justifiable, and criminal homicide. Excusable homicide involves an accidental or unintentional killing. Guilt is not a factor in this case. Justifiable homicide includes killings in defense of property or life. This situation applies to law enforcement and private citizens. Criminal homicide is the purposeful (intentional) or negligent killing of one human being by another. Criminal homicide can be divided into first-degree murder (premeditated and malicious), second-degree murder (malicious but not premeditated), felony murder (a homicide committed during the commission of a crime), and manslaughter (the unlawful unintentional killing of another human being). There are two classifications of manslaughter, voluntary and involuntary. Voluntary Manslaughter is killing with intent but without premeditation. Involuntary Manslaughter is causing a death unintentionally. Generally, this is the result of recklessness or criminal negligence.
First-degree murder or homicide is the most severe crime that one can commit.
Questions:
1) Explain at least three types of homicide victimization: Filicide, Eldercide, Intimate Partner Homicide, Femicide, and Honor Killings (see pp. 136 – 141).
2) Discuss the legal and community responses to homicide victimization (see Police Responses, Court Responses, and Community Responses (pp. 146 – 148).
Chapter 8: Sexual Victimization
Sexual victimization involves sexual behavior committed against an individual. Sexual assault includes forcible rape, drug or alcohol-facilitated rape, incapacitated rape, statutory rape, sexual coercion, unwanted sexual contact with force, and visual and verbal abuse. According to the National Intimate Partner and Sexual Violence Survey (NISVS), almost 1 in 5 women had been raped in their lifetime. Men also experienced rape but at a lower level. One in 71 men (or 1.4%) have been raped during their lifetime. Other agencies that measure sexual assault in the U.S. include the Uniform Crime Reports (UCR)/National Incident-Based Reporting System (NIBRS) by the FBI, the National Crime Victimization Survey (NCVS) by the U.S. Census Bureau, the National Violence Against Women Survey (NVAWS), the National College Women Victimization Survey (NCWSV), the National Study of Drug or Alcohol Facilitated, Incapacitated, and Forcible Rape, and the Association of American Universities Campus Climate Survey on Sexual Assault and Sexual Misconduct.
Questions:
1) Certain risk factors place a person at higher risk of sexual victimization. Females are more likely to be sexually victimized than are males. Age, socioeconomic status, where a person lives, and lifestyle/routine activities theory relate to sexual victimization. Discuss. (See Risk Factors and Characteristics of Sexual Victimization, pp. 162 – 163).
2) There are many physical, emotional, psychological, behavioral, and relationship effects caused by rape and sexual victimization. There are also financial costs associated with rape. Discuss. (See Consequences of Sexual Victimization, pp. 168 -169).
3) Explain programs that can be designed to reduce the occurrence of rape and sexual victimization (see Prevention and Intervention, p. 180).
Victims’ Rights and Remedies
Chapter 6
1
Victims’ Rights
Once essentially ignored by the criminal justice system and the law, victims are now granted a range of rights
The first such law that guaranteed victims’ rights and protections was passed in Wisconsin in 1979; now, every state has at least some form of victims’ rights legislation
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Common Victims’ Rights Given by State
Slightly less than half of U.S. states give all victims rights
In all states, the right to compensation, notification of rights, notification of court appearances, and ability to submit victim impact statements before sentencing are granted to at least some victim classes
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Notification
The right to notification allows victims to stay apprised of events in their cases
In some jurisdictions, victims have the right to be notified when their offender is arrested and released from custody after arrest, such as on bail
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Participation and Consultation
One of the overarching goals of the victims’ rights movement was to increase participation and consultation by victims in all stages of the criminal justice system
Another way victims may participate is by consulting with judges and/or prosecutors before
Any plea bargains are offered
Bail is set
Consultation may also occur before an offender is paroled or sentenced
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Right to Protection
Victims may also need protection as they navigate the criminal justice process
Victims may be fearful of the offender and the offender’s friends and family
Participation in the criminal justice system may, in fact, endanger victims
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Right to a Speedy Trial
This right given to victims ensures that the judge considers the victim’s interests when ruling on motions for continuance
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Rights Related to Evidence
Crime victims have the right to have any of their property that has been taken as evidence returned to them
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Issues With Victims’ Rights
Many states do not have specific enforcement strategies in place in their victims’ rights legislation
For victims, although they are given rights on paper, there is little they can do if their rights are not protected
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Federal Law
The first such piece of legislation passed was the Federal Victim Witness Protection Act (1982)
This act mandated that the attorney general develop and implement guidelines that outlined for officials how to respond to victims and witnesses.
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Victim Compensation
One way victims can receive financial compensation for their economic losses is through state-run victim compensation programs
It also required that states provide mental health counseling and that victims of domestic violence as well as drunk driving be covered
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Restitution
Restitution is money paid by the offender to the victim
Restitution is made by court order as part of a sentence–the judge orders the offender to pay the victim money to compensate for expenses
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Civil Litigation
Victims may pursue civil litigation against the offender
Persons can seek money for emotional as well as physical harm
Liability must be proved by a fair preponderance of the evidence, not beyond a reasonable doubt, which is the standard of proof in the criminal justice system
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Victim Impact Statements
Victim impact statement (VIS) can be submitted by direct victims and by those who are indirectly impacted by crime, such as family members
Not all victims utilize the right to make a VIS
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Victim/Witness Assistance Programs
Victim/witness assistance programs (VWAPs) provide victims with assistance as they navigate the criminal justice system
These programs are designed to ensure that victims know their rights and have the resources necessary to exercise these rights
At their heart, however, is a goal to increase victim and witness participation in the criminal justice process
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Family Justice Centers
Because crime victims often need a variety of services, family justice centers are designed to provide many services in “one stop”
These centers often provide counseling, advocacy, legal services, health care, financial services, housing assistance, employment referrals, and other services
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Restorative Justice
The restorative justice movement was an outgrowth of the attention given to the need for victims’ rights and also the pushback from adoption of a crime-control model exclusively focused on punishment
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Restorative Justice
Family or community group conferencing: the victim, offender, family, friends, and supporters of both the victim and offender collectively address the aftermath of the crime, with the victim addressing how the crime impacted him or her, thus increasing the offender’s awareness of the consequences of the crime
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Victim Impact Panels
In these panels, offenders are sentenced to attend a session where victims, family members, and loved ones discuss the effects that the DUI have on them
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Victim Impact Panels
Attending the victim impact panel reduced the likelihood of rearrest at a 12-month follow-up
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Homicide Victimization
Chapter 7
1
Defining Homicide
Homicide:
General term referring to “the killing of one human being by another”
Three types of homicide:
Excusable
Justifiable
Criminal homicide/murder
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Excusable Homicide
Defined:
Accidental or unintentional killings
No guilt involved
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Justifiable Homicide
Justifiable homicide occurs in defense of life or property
FBI defines as being restricted to “the killing of a felon by a peace officer in the line of duty,” or “the killing (during the commission of a felony) of a felon by a private citizen”
What is an example?
Stand your ground laws and the castle doctrine
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Criminal Homicide
Criminal Homicide
Defined as “the purposeful, knowing, reckless, or negligent killing of one human being by another”
There are four subtypes of criminal homicide
First-degree murder
Second-degree murder
Felony murder
Manslaughter
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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First-Degree Murder
First-Degree Murder:
Murder committed with deliberate premeditation and malice
Three elements of first-degree murder:
Premeditation: the act was considered beforehand
Deliberation: the act was planned after careful thought (not on impulse)
Express malice: actual malice
Implied/constructive malice: when death occurs due to negligence rather than intent
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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First-Degree Murder
Example of implied malice:
Leaving a child alone due to unavailable child care and child dies from an accident
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Second-Degree Murder
Murder committed with malice, but without premeditation and deliberation
In other words, offender intended to cause harm, but the murder was not planned
Example:
Husband comes home early and finds wife is having an affair
Husband grabs handgun from closet and shoots and kills both
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Felony Murder
Often unintentional killing during the commission of another felony
This type of murder is usually considered first-degree murder
Example: Hitting someone in the head during a robbery and the person dies
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Manslaughter
An unlawful killing, but degree of responsibility is less than for murder
Voluntary manslaughter: intentional infliction of injury that is likely to and actually does cause death
Example: Using excessive force in self-defense
Involuntary/negligent manslaughter: death resulting from gross negligence
Ignoring the possible danger or potential harm to other people
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Measurement and Extent of Homicide Victimization
In the United States, homicide victimization data are not collected through victimization surveys
Three sources to collect homicide data
Uniform Crime Reports
Supplemental Homicide Reports
National Center for Health Statistics
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Uniform Crime Reports (UCR)
Includes both aggregate murder rates and clearance rates for murder
In 2012, the rate of homicides was 4.7 per 100,000 people
Murders constitute about 1% of all violent index crimes reported to police
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Supplemental Homicide Reports (SHR)
Provide case-specific information for each murder reported in the UCR
Includes demographic information of victims and offenders (if caught), weapon used, and situational information
One of the few sources of official data that provide detailed information on crime victims
Males, young, and intra-racial (same-race/ethnicity)
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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National Center for Health Statistics (NCHS)
Another source of nationwide mortality data collected since the early 1930s
Data are collected from death certificates that are forwarded to the Vital Statistics Division of the NCHS by coroners and medical examiners
While all types of deaths are reported, there are specifics codes for homicides (justifiable vs. criminal homicides)
Vast majority of deaths (68%) classified as homicides in 2010 involved a firearm
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Homicide Victimization Across the Globe
Homicide victimization is one of the few types of criminal victimization that can be compared across countries
Source of International Homicide Victimization Data?
United Nations Office on Drugs and Crime
World Health Organization
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Homicide Victimization Across the Globe
World Health Organization (WHO)
Mortality data are collected for 120 countries from individual death certificates and reported in aggregate form annually by the WHO
There is no distinction made between intentional and unintentional homicides
War-related casualties versus homicides make comparisons hard over time
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Risk Factors for and Characteristics of Homicide Victimization
Risk for homicide victimization is not evenly distributed among the population
Your risk is dependent upon a number of characteristics
Sex
Age
Race
Urbanity and socioeconomic status
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Risk Factors for and Characteristics of Homicide Victimization
Socio-Demographic Characteristics
Sex (males both as victims and offenders)
Age (between the ages of 18 through 24)
Race (overwhelmingly intra-racial event)
Urban (higher rate) and socioeconomic status (family income increase, victimization decrease)
Victim–offender relationship
Most homicides involve people who knew each other
One third of female homicides are killed by husband or boyfriend
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Risk Factors for and Characteristics of Homicide Victimization
Incident Characteristics
Weapon usage
Used in about 71% of homicides
Most common firearm used in homicides are handguns
Circumstance
2 of 5 murders are because of arguments
40% circumstance is unknown
1 of 4 murders during rape, robbery, or burglary
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Risk Factors for and Characteristics of Homicide Victimization
Incident Characteristics
Location
Private dwellings
Substance use
Murderers and victim likely to have consumed alcohol, drugs, or both
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Types of Homicide Victimization
Filicide: killing of a child by a parent or a caretaker
Infanticide: homicides in which the victim is under 1 year of age (type of filicide)
Parricide: murder of one’s parent–includes patricide and matricide
Eldercide: murder that involves a victim who is 65 years of age or older
Intimate partner homicide: homicide involving spouses, ex-spouses, persons in current or de facto relationships, boyfriends or girlfriends, or partners of same-sex relationships
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Types of Homicide Victimization
Femicide: gender-based violence
Diana Russell
“The killing of females by males because they are female”
Honor killings: committed with the idea that the perpetrator is protecting or regaining his honor, or that of the family or community
The National Criminal Records Bureau of India
Sex, age, and motive
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Types of Homicide Victimization
Homicides involving multiple victims
Serial murder
Mass murder (4 or more victims in one location, in one incident–Aurora, Colorado movie theater)
Spree murder (killing of multiple people at two or more locations with no break)
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Victim Precipitation Theories
Explain how an individual’s behavior may contribute to his or her own victimization
Many homicides involve some degree of victim precipitation
The victim may have been the first person to use physical force or start the violence that eventually resulted in his or her own death
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Indirect (Secondary) Victimization
Most often applies to close family and friends of the primary homicide victim
Witnessing the murder of your mother at the hands of her husband
Can also be applied to individuals who witness a homicide and professionals who, because of their occupation, deal with a homicide’s aftereffects
Law enforcement
Bereavement counselors
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Consequences of Homicide
Bereavement: state of being sad after an individual you have cared for has passed
Additional stressors
Death or casualty notification
Family members of the deceased are notified of their loved one’s passing
Involvement in the criminal justice system
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Sexual Victimization
Chapter 8
1
What Is Sexual Victimization?
Encompasses victimizations of people that involve sexual behavior
Wide range of behaviors from videotaping to forced penetration
Physical injury and psychological trauma are included in effects of victimization
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Rape
Original definition
“Carnal knowledge”
Forced and nonconsensual vaginal penetration of a woman who was not married to the perpetrator
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Rape
Current definitions–include males and females as victims and most states have withdrawn the exclusion of husbands as perpetrators
Common indicators of rape
Nonconsensual contact between genital, anal, or oral areas of a victim and genital, hand, or finger of the perpetrator
Perpetrator could also use an object to penetrate victim
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Different Types of Rape
Forcible rape–someone forces or threatens to use force to penetrate victim against his or her will
Drug- or alcohol-facilitated rape–a victim was deliberately given drugs or alcohol so the perpetrator could commit the act of rape
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Different Types of Rape
Incapacitated rape–occurs when a victim is violated after self-induced alcohol or drug intoxication
Statutory rape–occurs when someone has sex with a person under the legal age of consent, even if that person may have consented to the act
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Sexual Victimization Other Than Rape
Sexual coercion
Penetration with penis, mouth, tongue, or object
Perpetrator does not use force, rather uses emotional or psychological tactics to sexually victimize an individual
Promising reward, pressuring for sex
Unwanted sexual contact
Penetration not an element
A person is touched in an erogenous zone, but it does not involve penetration (e.g., touching or groping)
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Sexual Victimization Other Than Rape
Noncontact sexual abuse
Visual abuse–sending pornographic images to the victim
Verbal abuse–sounds intentionally abusive in sexual manner
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Measurement and Extent of Sexual Victimization
UCR
2016–41.2 per 100,000 persons in the United States
NCVS
Rape and sexual assault
2016–323,450 rapes and sexual assaults
Rate of 1.2 per 1,000
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Measurement and Extent of Sexual Victimization
National Violence Against Women Survey
18% women and 3% men reported rape or attempted rape within their lifetimes
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Risk Factors and Characteristics
Females victimized most often
Most at risk in late teens and early 20s
Males most at risk under age of 12
Demographic characteristics with heightened risk
Lower socioeconomic status
Unemployed
Black persons have higher rates
Living in urban areas
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Characteristics of Sexual Victimization
Offenders
Offenders can be anyone
Most common–White male between the ages of 18 and 24 years
Perpetrated by someone known to the victim
Injury
Most victims do NOT suffer serious injury
Weapon use
In only about 11% did the offender have a weapon
Most common weapon is a firearm
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Responses to Sexual Victimization
Acknowledgment
A victim may feel immediately he or she was raped
Important to label incident as rape because:
May not get help from family, friends, or professionals
Police less likely to get notified
Daigle, Victimology, 2e. © SAGE Publishing, 2020.
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Responses to Sexual Victimization</
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