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
1982
Congress passes The Federal Victim & Witness Protection Act.
1983
Department of Justice (DOJ) creates the Office for Victims of Crime (OVC) to carry out recommendations from the President’s task Force
1984
The Victims of Crime Act (VOCA) is enacted & created the Crime Victims Fund from funds from federal criminal penalties and fines to support state victim service and compensation programs
The National Minimum Drinking Age Act goes into effect
1986
35 states have created victim compensation programs
1987
To promote awareness on our nation’s campuses about victimization and crime, Security on Campus, Inc. is created.
1988
The Federal Drunk Driving Prevention Act passes and raises the minimum drinking age to 21
1990
The Hate Crime Statistics Act is passed by Congress that requires the collection of data for crimes that are motivated by racial, religious, ethnic or sexual orientation prejudice/bias
1991
The U.S Supreme Court reverses its’ prior decision in Payne v Tennessee and rules that testimony and arguments by the prosecution on behalf of the victim’s good character & victim impact statements is not a violation of the defendant’s constitutional rights
1992
Anti-stalking legislation is passed in 28 states
1993
The “Brady Bill” is signed by President Clinton which requires a waiting period for people making handgun purchases
1994
As part of the Violent Crime Control and Law Enforcement Act, President Clinton signs a comprehensive package of federal victims’ rights legislation includes:
- Violence Against Women Act
- Enhanced VOCA funding
- Enhanced sentences for drunk drivers with child passengers
- Establishment of a National Child Sex Offender Registry
1996
“Megan’s Law”, The Community Notification Act, provides for notifying communities of the location of convicted sex offenders.
The National Domestic Violence Hotline is created to provide crisis intervention capabilities
1997
Congress enacts a federal anti-stalking law
1998
The Higher Education Amendments of 1998 is enacted which was designed to address illegal alcohol consumption and binge drinking on college campuses
2001
The U.S. Congress responds to the 9/11 terrorist acts with a new set of laws to provide tax relief, compensation, funding for new services & civil claims as part of the Air & Transportation Safety & System Stabilization Act & the USA Patriot Act of 2001
2002
All 50 states, District of Columbia, US Virgin Islands, Puerto Rico, & Guam have established crime victim compensation programs
2004
U.S. Congress passed the strongest federal crime victims’ legislation in nation’s history after failure to approve a Federal Constitutional Amendment; H.R. 5107, The Justice For All Act of 2004, strengthens the rights of victims of federal crimes and provides enforcement and remedies when there is failure to comply
According to the video on victim’s rights, which of the following is NOT a part of what a victim is entitled to participate in?
Interrogation
According to the video on The Social Contract Theory, which of the following is one of the most often cited examples of the social contract in America?
The Constitution of the United States
According to the Wisconsin Statutory Rights for Justice Victim’s Bill of Rights link, which of the following is NOT a right of a crime victim?
To confer directly with the offender during relevant proceedings.
The headquarters for the National Center for Missing and Exploited Children is located in?
Alexandria, VA
Which event caused the creation of the Brady Bill?
Assassination attempt on President Ronald Reagan
According to the video on Megan’s Law, which of the following are a result of that legislation?
Requires sex offenders to notify law enforcement of any changes in their employment or place of address
