Victimology Exam 2 Study Guide

Victimology Exam 2 study guide Chapter 5 – Victims’ Rights Common victims’ rights by state - - Examples from PowerPoint o Slightly less than half of US states give ALL victims’ rights. o 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. Examples from Textbook o Notification  Allows victims to stay apprised of the events of their cases. o Participation and Consultation  By victims in all stages of the criminal justice system  Participating or submitting a victim impact statement o Right to protection o Right to a speedy trial o Rights to released evidence Rights related to evidence. - - Examples from PowerPoint o Crime victims have the right to have any of their property that has been taken as evidence returned to them. Examples from Textbook o Crime victims have the right to have any of their property that has been taken as evidence returned to them. Federal law - - Examples from PowerPoint o The 1st such piece of legislation passed was the federal victim witness protection act (1982) Examples from Textbook o Be reasonably protected from the accused. o Receive reasonable, accurate, and timely notice of any public proceeding involving the crime or any release or escape of the accused and not be excluded from such proceedings. o Be reasonably heard at any public proceeding involving release, plea, or sentencing. o Confer with the attorney for the government in the case. o Receive full and timely restitution as provided by law. o Be assured of proceedings free from unreasonable delay. o Be treated with fairness and with respect for the victim’s dignity and privacy. Victim compensation - - Examples from PowerPoint o One-way victims can receive financial compensation for their economic losses through state-run victim compensation programs. o It can also require that states provide mental health counseling and that victims of domestic violence as well as drunk driving be covered. Examples from Textbook o Read pages 80-82 Restitution - - Examples from PowerPoint o 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. Examples from Textbook o Unlike monies from crime victims’ funds, restitution is money paid by the offender to the victim. Restitution is made by the court order as part of a sentence. Victim impact statements - - Examples from PowerPoint o Victim Impact Statements (VIS) can be submitted by direct victims and by those who are indirectly impacted by crime, such as family members. o Not all victims utilize the right to make a VIS. Examples from Textbook o The VIS can be submitted by direct victims and by those who are indirectly impacted by crime, such as family members. The VIS is either submitted in writing or presented orally (victim allocution) Civil litigation - - Examples from PowerPoint o Victims may pursue civil litigation against the offender. o Persons can seek money for emotional as well as physical harm. o Liability must be proved by a fair preponderance of the evidence, not beyond a reasonable doubt, which is the standard of proof in the CJ system. Examples from Textbook o That person is party to the lawsuit and is allowed to make key decisions regarding whether to accept a settlement- unlike in criminal court, where it is the state versus the defendant. Persons can seek money for emotional as well as physical harm. Chapter 6 – Homicide Victimization Defining homicide victimization - - Examples from PowerPoint o Homicide  General term referring to “the killing of one human being by another.” o 3 types of homicide  Excusable  Justifiable  Criminal Homicide/Murder Examples from Textbook o Excusable homicide  There is no guilt. These are accidental or unintentional killings. o Justifiable  Judged to be acceptable because they occur in defense of life or property. o Criminal homicide  The purposeful, knowingly, reckless, or negligent killing of one human by another. Criminal homicide - Examples from PowerPoint o Defined as “the purposeful, knowing, reckless, or negligent killing of one human being by another.” o Any death resulting from injuries pursuant to a fight, argument of commission of a crime. o Doesn’t include justifiable homicide, attempted murder, deaths stemming from accidents or suicides. o Doesn’t include death from medical issues while involved in or witnessing a crime. o There are four subtypes of criminal homicide.  1st-degree  2nd- degree  Felony murder  Manslaughter First degree murder - Examples from PowerPoint o Murder committed with deliberate premeditation and malice. Only type of murder eligible for the death penalty. o 3 elements of 1st degree murder  Premeditation  The act was considered beforehand.  Deliberation  The act was planned after careful thought (not on impulse). Planning doesn’t have to take a long time.  Express Malice  Actual malice. A person in a fight shoots the other person- intent to cause SPI.  Implied/constructive malice  When death occurs due to negligence rather than intent. A conscious disregard for human life. Murder in the commission of a felony. o Example of Implied Malice  Leaving a child alone due to unavailable childcare and the child dies from an accident.  An act committed deliberately with disregard for human life, the natural consequences of which are death. Victim-offender relationship - - Examples from PowerPoint o Most homicides involve people who knew each other. o 1/3 of female homicides are killed by husband or boyfriend. Examples from Textbook o Although most murders involve people known to one another, your risk of being killed by a loved one is drastically higher if you are female. o 80% involve people who knew each other. o 42% were acquaintances of the perpetrator. o 32% were killed by a spouse or another family member. Types of homicide victimization - - Examples from PowerPoint o Filicide  Killing of a child by a parent or a caretaker o Infanticide  Homicides in which the victim is under 1 year of age (type of filicide) o Parricide  Murder of one’s parent-includes patricide and matricide o Eldercide  Murder that involves a victim who’s 65 years of age or older o Intimate partner homicide  Homicide involving spouses, ex-spouses, persons in current or de facto relationships, boyfriends and girlfriends, or partners of same sex relationships. o Femicide  Gender-based violence  Diane Russell o “The killing of females by males because they are female.” o 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 o Sex, age, and motive Examples from Textbook o READ PAGES 103-108 Homicides involving multiple victims. - - Examples from PowerPoint o Serial Murder o Mass Murder  4 or more victims in one location, in one incident- Aurora, Colorado movie theater o Spree Murder  Killing of multiple people at 2 or more locations with no break Examples from Textbook o The key definitional distinction is usually time and place. That being said, it is often difficult to distinguish who falls into which category, more so between spree and serial. Roughly 1 out of 10 homicides committed in the US involve multiple victims. Chapter 7 – Sexual Victimization Types of Sexual Assault/Rape - Examples from PowerPoint o Forcible rape  Someone forces or threatens to use force to penetrate victim against his or her will. o Drug or alcohol facilitated rape.  A victim was deliberately given drugs or alcohol so the perpetrator could commit the act of rape. o Incapacitated rape  Occurs when a victim is violated after self-induced alcohol or drug intoxication. o o o o 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. Sexual coercion  Penetration with penis, mouth, tongue, or object  The perpetrator doesn’t use force, rather uses emotional or psychological tactics to sexually victimize an individual. Unwanted sexual contact  Penetration not an element  A person is touched on an erogenous zone, but it does not involve penetration (e.g., touching or groping)  If there was coercion, it would be coerced sexual contact.  If there was force, it would be unwanted sexual contact with force. Noncontact sexual abuse  Visual abuse- sending pornographic images to the victim.  Verbal abuse- sounds, phrases, sexist remarks that are intentionally abusive in sexual manner.  Asking inappropriate questions about another person’s sex or romantic life Issues with Reporting - - Examples from PowerPoint o Less than half of all rapes and sexual assaults come to the attention of law enforcement. o Rapes of college women also go largely unreported. o Not sure perpetrator intended to harm. o Reprisal of the perpetrator o Fear of not being believed. o Wanting to keep the event private. o Distrust of police o 75% of women report receiving a negative response to reporting. o Negative response linked to PTSD, lowered coping skills. Examples from Textbook o READ PAGES 130-131 Resistance/Self-protective action - - Examples from PowerPoint o Resistance= any act conducted during the victimization for the purpose of stopping the assault or keep it from being completed o Forceful physical strategies  Shoving, punching, or biting the offender. o Non-forceful physical strategies  Fleeing or pulling away, passive actions o Forceful verbal strategies  Yelling and screaming to get away from the offender. o Non-forceful verbal strategies  Pleading with talking to and begging the offender  Most women do enlist some type of self-protective action. o Parity hypothesis  A victim utilizes self-protective actions that match the offender’s level and/or type of force. Examples from Textbook o READ PAGES 131-132 Legal Aspects of Sexual Victimization - Examples from PowerPoint o Reforms to rape and sexual victimization laws in 1970s o Originally, victim had to produce corroborating evidence to prove assault/rape. o Difficult because  Occurs in private places (no additional witnesses)  The majority of rapes do not result in physical injury.  Many DO Not involve weapons.  The perpetrator is known to the victim. o Rape shield laws enacted… prohibits use of a victim’s previous sexual conduct in court. o Polygraph examinations are no longer required for victims. o Violence against women act (1994)  Funding provided for education research and treatment of victims.  Revisions in 2000- focus added on underserved populations. o Sex offender registration and notification  Megans law- 1996 o Police response  Interaction determines how victims will deal with the rest of the criminal justice system. -  5% of cases reported to the police are actually discovered to be false.  Reasons for not reporting mistrust of police. o Medial legal response  Staff are not trained to work with victims and collect evidence.  Solution: sexual assault nurse examiners (SANE); Sexual assault response teams (SART)  Multiagency collaborations to improve treatment. o Individuals from the prosecutor’s office, local law enforcement agencies, advocacy groups, and forensic examiners o Prosecuting rape and sexual assault  Prefer to pursue slam dunk cases, which is rare for rape and sexual assault.  Victim characteristics play a large role in whether a case will be pursued.  Juries may be swayed by own beliefs in rape myths. Examples from Textbook o Violence Against Women Act (1994) o False allegations Consequences of Sexual Victimization - Consequences of sexual victimization o Physical, emotional, and psychological effects o Most do not experience physical injury. o Depression, anger, guilt, helplessness, and irritability are common reactions. o Compulsive behavior also common reaction o Post-traumatic stress disorder (PTSD) and suicidal ideation linked to sexual victimization. o Behavioral and relationships effects  Some victims react by engaging in criminal behavior.  Some victims self-medicate with alcohol or drugs.  Some victims withdraw- isolate themselves.  Some victims have problems with sexual functioning and in maintaining or creating intimate relationships. o Costs  Mental health counseling  $2,200 average cost for rape and sexual assault  $5,800 average cost for child sexual abuse o o  Miss time from work  Average cost over lifetime for rape victim- $87,000 Recurring sexual victimization  Victims at great risk for second/multiple victimization  Second assault may happen relatively quickly. Sexual victimization of males  Studies indicate 3-8% of males report being raped in their lifetimes.  Experience similar/same psychological trauma as females  Depression, self-blame, and so-on  Additional  Less support from family and friends  Fear of being labelled a homosexual if they are heterosexual.  Feel they are not likely to be believed.  May have had an uncontrollable physiological response (sexual arousal) and may feel shame or confusion because of it. Chapter 8 – Intimate Partner Violence Types of Intimate Partner Violence/Abuse - Examples from PowerPoint o Intimate terrorism  Power and control are the roots and the perpetrator’s act escalate over time.  The perpetrator’s behavior is severe, persistent, and frequent.  Likely to result in serious injury. o Situational couple violence/common couple violence  Characterized by conflict that gets out of control. o Two additional subtypes  Violence resistance (violent, but not controlling)  Mutual Violent control (both are violent and controlling) Who is victimized? - Examples from PowerPoint o Higher likelihood of victimization  Younger adults  Black females have a greater likelihood than white females. Risk Factors and Theories - Examples from PowerPoint o No “one” factor causes IPV. o Some common factors include:  Stress  Problems with money, children, or work schedules  Cohabitation  Less committed and less stability Risky lifestyle   One’s lifestyles.  Associating with known criminals  Dating a criminal vs. prosocial partner  Alcohol or drugs  Offenders use more than non-offenders.  Alcohol use by victims o Victims more likely to abuse other drugs. o Used alcohol prior to their victimization (more vulnerable) o Alcohol or drug use may be a consequence of IPV rather than a cause.  Power and patriarchy  A person’s ability to impose his or her will on another.  Social learning  Witnessing violence at home--more likely to use violence later in life. Social learning   Witnessing violence at home--more likely to use violence later in life. Revictimization - Examples from PowerPoint o IPV is a repeated crime. o Cycle of Violence--Lenore Walker (1979)  Tension building phase--initial interactions are pleasant, but as stress mounts victim begins to “walk on eggshells.”  Acute battering phase--physical violence perpetrated.  Honeymoon phase-abuser calms down, asks for forgiveness, promises not to do it again. - Examples from Textbook o Cycle of Violence  Tension-building phase  Acute battering phase  Honeymoon phase Police Response - Examples from PowerPoint o Between 1974 and 1980, 44 states enacted laws concerning IPV. o Currently all states have laws concerning IPV. o Police response--they were initially reluctant.  Family matter  The privacy of a family is more important.  Cases are dangerous to police.  Victims may be reluctant to cooperate. o Minneapolis Domestic Violence Experiment (1984)  Led to Mandatory Arrest policies.  Not necessarily full recommendation of the study  As of 2011, more than 20 states have mandatory arrest policies. o Dual Arrest Policies  When it appears that both parties have caused physical injuries, many jurisdictions require officers to arrest both parties. o Court responses  One third of IPV offenses and over 60% of arrests resulted in charges pursued by prosecutors.  One third of arrests and more than half of prosecutions resulted in guilty convictions. o o o o o Certain factors influence whether charges will be pressed.  Visible physical injuries  Usage of alcohol or drugs  Relationship between victim and offender  Victim willingness to participate in prosecution. Protective orders  Research suggests that women will get protective orders when they see abuse escalation and/or when they have had “enough.” Protective orders  Court determines.  Women who get protective orders are more likely to be:  Employed full-time.  Injured by abuse.  Experienced sexual coercion by perpetrator  Severely depressed or more serious mental health problems Domestic violence shelters  Short-term room and board  Numerous services offered within shelter to assist women to recover.  Most victims report satisfaction with shelters.  First women’s shelter opened in 1974- and first-men’s shelter opened in 1993, both in Minnesota Health care  Medical screening for women who present with injuries.