Chapter 14: Victims & The Law Flashcards
The Golden Age of the Victim
The Golden Age of the Victim refers to the period of time before written law had been clearly established estimated to be near 1800-2000 BC. This was the same period of time when Hammurabi’s Code emerged. During this historical epoch, tribal law ruled the day and victims of crime played a major role in deciding on what punishment would be given to someone found guilty of harming them or their property. This was a time when the only solution to criminal actions was direct retribution from victim to accused.
The Dark Age of the Victim
The Dark Age of the Victim refers to the period during the middle ages (1500) through to the 1900s where during this time the state (government) assumed total responsibility for handling crime and allowed no input from victims. It was this point in time where crime was not considered to be committed against an individual but against the state (government). Victims of crime were viewed merely as pieces of evidence in criminal matters and were not involved in any decisions.
The Reemergence Age
Starting from the mid 1900’s victims were, to some degree, rediscovered. This was a time where different sociological theories were being discussed relating to the circumstances and characteristics of individual victims of crime such as age, race, gender and socio-economic background. In the latter part of the 1900’s there was a legal shift in how victims of crime were to be treated both at the federal and state government levels which resulted in the creation of numerous laws designed to protect victims and their rights.
Strict Liability Theory
Asserts that victims of crime are due compensation because the social contract between society and the victim has been damaged due to the experience of being victimized.
Government Negligence Theory
Asserts that harm to the victim was a result of the negligence of the government in failing to protect the victim and, therefore, should compensate the victim appropriately.
Equal Protection Theory
Asserts that victims of crime should receive compensation to make amends for the broad imbalances in society that create different levels of social conditions, in turn, creating different levels of risk based on factors such as economics, race and gender.
Humanitarian Theory
Asserts that victims of crime should be compensated to help alleviate their suffering.
Social Welfare Theory
Asserts that victims of crime should be compensated if they have such a need.
Crime Prevention Theory
Asserts that by having victim compensation programs in place, they act as a motivator for people to report crime which, in turn, helps improve the efficiency of law enforcement in preventing crime.
Political Motives Theory
Asserts that the concept compensating victims of crime is popular with the voting public and politicians need to support the idea in order to gain public office.
Victims at Law
The person/party who has the legal authority to prosecute someone for having committed a criminal offense. This is usually either the state or the government.
Victims in Fact
The person/party who was on the receiving end of a criminal act, the person/party who was harmed by someone else’s criminal actions.
1976
The first victim impact statement is presented in court in Fresno, CA.
Victim Impact Statement
Information from a victim or family member of a victim used in court during sentencing to assist the judge in making a better informed sentencing decision. Victim impact statements are generally submitted to the court in writing prior to sentencing and can be read into the record by either the victim or the judge. They are used to describe the harm, suffering, loss and trauma that was experienced by the victim of the crime or by the their survivors.
1980
Founding of Mothers Against Drunk Driving
The first Crime Victims’ Bill of Rights passed in Wisconsin
