12. Dealing with Crimes 2: Victims

Question 1

What role did victims play in criminal prosecution during the Middle Ages in the UK?

Answer 1

The victim was the instigator of criminal proceedings, with it being their responsibility to pursue offenders.

The offender could buy back the peace he/she had broken by payment of a weer (payment for homicide) or a bot (payment for injuries other than death) to the victim according to a schedule of injury tariffs.

Question 2

Over time, what did criminal justice move from and to?

Answer 2

However changed over time when justice moved from individual to collective responsibility for righting a wrong and punishing an offender especially with the onset of:

• Public policing
• Public prosecutions
• And the definition of Crime as offences against the Crown or the State (codified law)

Question 3

What was the result of the modern approach to justice?

Answer 3

Victim’s role reduced to a passicve and non-decision making role

Question 4

What did Part A of the UN Charter Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power provide?

Answer 4

Part A of the declaration specifically mentions the requirement of allowing the views and concerns of the victim to be presented and considered at appropriate stages of the CJ process.

Question 5

What are the requirements of allowing the views and concerns of victims to be present in the justice systems as provided by the UN Charter in 1985?

Answer 5

Fair and dignified treatment
Access to justice
Guidelines to help response to victims
Information to be provided to victim about crime prevention methods
Privacy of victim to be protected
Victim’s version of events to be reported as soon as reasonably possible after crime
Protection from violence and intimidation
Welfare of victim to be considered
Information during sentencing of impact of crime on victim
Information about investigation and prosecution of offender
Victim to be advised on role as witness
Information about services
Information about compensation or restitution

Question 6

What is the definition of victim under the UN declaration?

Answer 6

A “victim” is a person who has suffered harm from a violation of the State’s criminal laws -

(a) because a crime is committed that involves violence committed against the person in a direct way; or
(b) because the person is a member of the immediate family of, or is a dependant of, a victim mentioned in paragraph (a); or
(c) because the person has directly suffered the harm in intervening to help a victim mentioned in paragraph (a).

Question 7

What are the two types of reforms of the definition of victim under the UN declaration?

Answer 7

Two types of reforms:

1) Focuses on the economic and psychological impact of crime and having to go through the court process.
2) Focuses on the reintegration of victims into the criminal justice process

Question 8

What is a major legal reform in the criminal justice system?

Answer 8

Victim Recognition

Question 9

What addresses the consequences of victimisation information assistance and support?

Answer 9

Counseling and support services (depending on the jurisdiction).
Notification requirements (depending on the jurisdiction).
Compensation
Restitution
Victim Liaison Officers (depending on the jurisdiction).
Mediation.

Question 10

What is compensation?

Answer 10

refers to the provision of a monetary reward to the direct or indirect victim for the loss, destruction, damage of property, medical expenses, suffering incurred. Can take two forms: 1: Compensation order handed down by the court. 2: Application to a state crime compensation scheme.

Question 11

What is restitution?

Answer 11

process by which the offender makes good in some way to the victim for the injury or damaged caused to the victim. Can entail the return of stolen goods or some other from of agreement i.e. providing work or a service to the victim for the repair of damage.

Question 12

What is a victim impact statement?

Answer 12

A statement made by the victim, addressed to the judge, for consideration in sentencing.
It usually includes a description of the physical, emotional or other harm suffered as a result of a crime.

Question 13

Depending on the jurisdiction, what are the characteristics of a victim impact statement?

Answer 13

1. May be a written or oral statement
2. Can be a checklists to a lengthy descriptive statement
3. Content varies; some jurisdictions allow victims to make comments on appropriate punishment
4. Sections may be read out by the prosecutor.
5. If entered into court proceedings, a copy must be provided to the defence.
6. No need to attend court, unless defence barrister wishes to question victim about statement.

Question 14

What do victim impact statements increase?

Answer 14

1. Increase recognition of victim.
2. Increase fairness.
3. Increase victim satisfaction & healing.
4. Can enhance goals of sentencing – retribution / proportionality / rehabilitation / restitution.
5. Increase awareness of the impact of crime among the judiciary.

Question 15

What are the disadvantages of Victim Impact Statements?

Answer 15

1. Undermine objectivity of courts.
2. Lead to sentencing disparity.
3. Lead to court/trial delays.
4. Ignore that criminal law already takes into account the impact of crimes.
5. Aggravate subjective impact.
6. Unfairly increase victim expectations.
7. Lead to retributive punishment.

Question 16

What does victimisation derive from in marginal groups?

Answer 16

Victimisation in part derives from their marginal status and structural powerlessness
Victimisation in part derives from their identity

Question 17

What do marginal groups account for in victimisation

Answer 17

Account for a disproportionate amount of victimisation compared to proportion of population they constitute.

Question 18

What do marginal groups experience in regards to victimisation?

Answer 18

They experience incidents of victimisation on a number of levels.
They experience other forms of disadvantage and social exclusion.

Question 19

What is there reluctance to do with regards to marginal groups?

Answer 19

There is a reluctance to report crimes and a low level of confidence in the CJS.

Question 20

What is the accountability of victimisation of minority groups in official stats or victims surveys?

Answer 20

Victimisation of minority groups not adequately accounted for in official statistics or victim surveys.

Question 21

What is a superordinate identifier?

Answer 21

The superordinate identity allows individuals to categorise themselves (and others) by an overarching or primary identifying factor. For example, previous research indicates that people identify with their race first (the superordinate identifier) before their ethnicity (subordinate identifier) (Cokely, 2007) and religion (subordinate identifier) (Edwards, 2008).

Question 22

What is the subordinate identifier?

Answer 22

The subordinate identity allows individuals to categorise one themselves (and others) by a secondary identifying factor often not clearly visible or identifiable and typically disclosed by an individual relating to the differences they express internally or externally (perceived to express). For example, differences in sexuality and gender.

Question 23

What has social psychology shown in regards to the social categorisation into Us and Them?

Answer 23

Social psychological research has shown that the social categorisation into ‘‘us’’ and ‘‘them’’ lies at the heart of intergroup conflict and prejudice. Us and them categories can be applied to numerous identifying factors. Thus, when an individual identifies with a superordinate identity the likelihood for prejudice is reduced – superordinate identity salience reduces conflict between groups…

Question 24

What is victimisation frequently linked to?

Answer 24

Victimisation is frequently linked to minority groups identified specifically by superordinate or subordinate identifiers.

Question 25

What can victimisation be by in minority groups?

Answer 25

‘Race’
Ethnicity
Religion
Sex (Male and Female)
Sexuality (Gay, Lesbian, Bisexual etc.)
Gender-Diverse Identity (Transgender, Transsexual, Transvestite etc.)
Disability (Mental and Physical)
Homelessness

Question 26

What is hate crime?

Answer 26

Hate crimes are any crimes that are targeted at a person because of hostility or prejudice towards that person’s:
‘Race’
Ethnicity
Religion
Sex (Male and Female)
Sexuality (Gay, Lesbian, Bisexual etc.)
Gender-Diverse Identity (Transgender, Transsexual, Transvestite etc.)
Disability (Mental and Physical)
Homelessness

Question 27

What can hate crime be committed against?

Answer 27

Hate crime can be committed against a person or property:

A victim does not have to be a member of the group at which the hostility is targeted..

Question 28

What is hate crime based on?

Answer 28

Hate crime can be based on a perception of ‘difference’ based on a victim’s identity…

Question 29

Who are often the perpetrators of crimes against disabled people?

Answer 29

Perpetrated by care givers, family members and strangers although victimisation by strangers relatively rare (Hate Crime).

Question 30

Why is the prevalence of crimes directed at disabled people likely to be underestimated?

Answer 30

1. Impaired judgement resulting from intellectual disabilities.
2. Deficits in adaptive behaviours
3. Accompanying physical disabilities, including limited speech.
4. The high risk environments in which they often live and work, accompanied by a lack of outside and independent contacts.
5. Their frequent contact with unscrupulous care-givers, friends, or family members.
6. Their lack of knowledge about their rights and abilities to protect themselves.
7. The attraction of some abusers to environments in which they will encounter vulnerable victims.

Question 31

Statistically what age group is at lowest risk of victimisation?

Answer 31

The elderly

Question 32

What are the types of crimes experienced by the elderly?

Answer 32

The types of crimes experienced by the elderly may not be immediately recognisable.
Victimised more vicariously than the general population.

Question 33

What do general patterns indicate that the elderly are more vulnerable to?

Answer 33

Crimes motivated by economic gain e.g.. purse snatching, pick pocketing and fraud.
Public space victimisation low, but can vary by group and socio-demographic factors.
Elder abuse (private victimisation).

Question 34

Why are the elderly prone to victimisation?

Answer 34

1. Physical frailty and mental impairment.
2. Confinement to the home.
3. Dependency on others e.g. financial.
4. Living alone.
5. Unemployment.
6. Poverty and low income.
7. The difficulty and stress associated with the care of the elderly.

Question 35

Measuring victimisation will allow victimologists to better understand..?

Answer 35

1. Comparisons of Primary or direct victimisation: how people from different cultures experience a criminal act and its consequences firsthand
2. Comparisons of Secondary or indirect victimisation: how people from different cultures suffer emotionally and/or financially but are not immediately involved or injured
3. Comparisons of Tertiary crime victimisation: how people from different cultures experience harm vicariously
4. Notions of victim blame and victim precipitation
5. Populations for victim proneness
6. Victimisation and differential risk (lifestyle etc.) and cycles of victimisation
7. The extent of victimisation and risks
8. Who is most vulnerable and impacts of victimisation
9. If actual risks are equal to fears within different communities
10. The media portrayal of criminal victimisation
11. CJS resource allocation
12. Preventative strategies and tailor victim support strategies

Question 36

What do responses to victimisation indicate?

Answer 36

Responses to victimisation indicate that there is a continuing need for reliable crime statistics that can be used for comparison…