Exam 2 Flashcards
Shared responsibility
Victim proneness, individual vulnerability, personal accountability for ones misfortunes
Victims as well as criminals did something wrong
Duet frame of reference
Implies shared responsibility within a victim-offender relationship
Ex: domestic violence
Penal couple
Situation in which both parties bear some responsibility for the development of a victims-offender relationship
Provides a situation that makes the offender offend
(Ex: talking to a guy, beats his wife)
Does-suffer relationship
Shared responsibility within a victim offender interaction
Boost explanation
Focuses on the offenders abilities
Repeatedly attached based on firsthand knowledge from the successful perpetration of their initial illegal act
Ex: robbers discover where a storekeeper hides his cash right before closing time
Flag explanation
Focuses on the targets vulnerability
Ex: apartments w sliding doors are easily broken into
Victim blaming
Victims might share responsibility with offender if facilitation, precipitation, or provocation of the event occurred
-ex: just the world outlook
(Victimologists cannot be classified as victim blaming or defending, too complex)
Victim defending
It is not fair to hold the wounded party accountable for his or her own losses or injuries inflicted by the wrongdoers
-victims are not at fault
(Victimologists cannot be classified as victim blaming or defending, too complex)
Just the world outlook
People get what they deserve
Bad thing happen to bad people and good things happen to good people
Offender blaming
Do not shift any blame away from offender onto the victim
System blaming
Behaviors of both parties influenced by society, neither the victim not the offender is to blame
Linked w victim defending
Ex: religion, media, parental input
Facilitation
Victims carelessly and inadvertently make it easier for a thief to steal
Ex: leaves purse visible in car
Least serious
Precipitation
Victim significantly contributes to violent outbreak
Ex: cheating w wife
Provocation
Victim more directly responsible for the crime
Ex: victim started a fight in a bar and ended up dead
Most serious
Victim facilitation and auto theft for stealing a vehicle
Retagging
Chop shops
Short term travel
Motive: profit
Retagging- alter registration and title documents and vehicle identification number
Chop shops- dismantle vehicles and sell the sheet metal crash replacement parts
Short term travel: getaway car
Victim facilitation (auto theft)
Vehicle attractiveness (model/make, demand for chop shops, how easy it is to steal)
Geographic location (the desirability of it on the black market, the number of professional thieves and chop shops in area, police effectiveness in area)
Auto theft typology
Conscientiously resisting
Conscientiously resisting victims- bearing no responsibility because they tried to protect themselves by carefully following crime presentation tips suggested by security specialists and purchasing anti theft devices
Auto theft typology
Conventional cautious victims:
Rely on anti theft features provided by automobile manufacturers as standard equipment
Auto theft typology
Carelessly facilitating victims
Set the stage for crimes of opportunity through gross negligence
Subintentional death
Those who got killed, played contributory roles in their deaths by exercising poor judgement, taking excessive risks, or pursuing a self destructive lifestyle
How the system handles victims
Functionalist perspective vs conflict perspective
Functionalist- the first line of defense for innocent, law-abiding people. The victim will recover from harm inflicted by offender
Conflict perspective- agencies and officials follow policies that are in their own self-interest, as well as to the advantage of more powerful interest groups
Types of punishment
General deterrence- make examples of criminals (discouraged offender from breaking the law again)
Incapacitate- enhance public safety by incapacitating dangerous predator
Retribution- morally sound practice; just dessert (lawbreaker must be strictly punished, satisfies victim thirst for revenge/vigilantism)
Punishment opponents
- results in high rates of imprisonment
- is expensive
- is often impractical
- can be ineffective
Restitution
Recoup losses and pay bills incurred as result of the crime
Rehabilitation
Victims want professionals to help offenders become decent, productive, law abiding citizens
(Most likely will endorse this if the offender was NOT a complete stranger)
Misprision of felony
If they conspire or collaborate in a cover up or witness and don’t report a serious crime they be charged w this
Complaints
Unfounding
Defounding
Unfounding- police reject claims about being harmed by a criminal as unbelievable of at least unprovable in court
Defounding- police believe a crime occurred but it was not serious as a complaint described or reported
Clearance rate
Investigation
Success is measured with clearance rates or the number of cases resulting in arrest and
prosecution
Clearance rates vary based on type of offense
Also reflect the resources the agency expends on particular type of crime
Cold case squad
Many police departments have established cold case squads to reexamine old unsolved serious crimes
Community policing and victim oriented policing
Community policing- police involved in the community to help and protect (relationship between community and police to work together to fight crime)
Victim oriented policing- victim advocacy units are a vital component of a community of oriented police department
(PD’s must consider revamp of their operations and reconsider their priorities to deal w the victims concerns)
Victims rights:
Denial of bail
Case status
Employer intercession
Creditor intercession
Compensation
Denial of bail- to be protected from suspects who might endanger them
Case status- to be kept posted on progress in their case; advised on arrest warrants when suspects are taken into custody, etc
Employer intercession- to have the prosecutor explain to the complaining witness’s employer that the victim should not be penalized for missing work bc of court appearance
Creditor intercession- To have the prosecutor explain to creditors (banks and landlords) that crime-inflicted financial losses require delays in paying bills
Compensation- to be reimbursed for out of pocket expenses for medical bills and lost of wages arising from injuries inflicted during a violent crime
Common victims rights
Right to notification- know ur rights
Participation- can participate in pressing charges, going on trial, bail setting arrangements, plea negotiations, sentencing hearing decisions, parole appearances, being involved or not
Right to protection
Courtroom work group
The judge
Prosecutors/District attorney/assistant DA- enforcing law, representing law of government and victim, all in justice
Defense attorney
How do prosecutors and assistant DA’s serve the victims
Keep the victims informed of the case
Protect the victim from harassment threats and intimidation from outside parties
Try to resolve the case as quickly as possible
Try to assist the victims in recovering properties or physical help
Victim witness assurance project
To address witness and victim complaints
Intend to restore victims faith in CJ system
Immediate relief to victims, food, shelter, counseling, etc
Services: translator, recover lost property quickly, social services, etc
Intimidation
Criminals families and acquaintances of offenders, gangs own, family attempting to have victims drop charges
Plea bargaining negotiations
Advantages/disadvantages
Advantage-
-accused: reduce detention, sentence, and cost
-state: reduced cost, efficiency and effectiveness
Disadvantage-
- waiving the constitutional right to trial
- leniency
- danger of innocent person pleading guilty
Negotiation pleas
Defendant agrees to plead guilty in exchange for some kind of consideration
Bedsheeting and overcharging
Bedsheeting: the practice of charging a defendant w every applicable crime committed during a single incident
Overcharging: filing a criminal indictment for an offense that is more serious than the available evidence might support
Victim and defense attorney
Defense attorney-
Natural enemy to victim
Attempts to protract the process, discredit witnesses
Efforts to delay wear down witnesses, affect memory of witness, find info about witnesses, and victims, eventually encourages victims to drop or reduce charges
Sixth amendment
General rule
Sixth amendment- Guarantees a “speedy trial”- states have time limits for trial after arrest
(Provides that defendants have the right to confront their accuser)
General rule- the more serious the charge, the longer it takes to go to trial
Judges role
Interpret law
Assess the evidence presented
Control how hearings and trials unfold in threat courtrooms
They are impartial decision-makers in the pursuit of justice
Eighth amendment
Prohibits excessive bail
Critique: bail system discriminates against poor people
Allocution
Victims influencing sentencing by expressing their views orally in person (speech/advice) at sentencing hearing
Victim impact statement
Can provide valuable info to a judge
Often included in a pre-sentencing investigation and reviewed by judge prior to sentencing
Booth vs Maryland
The US Supreme Court ruled that victim impact statement were not admissible in the penalty phase of a murder trial
Didn’t want jury to be swayed and give inappropriate sentencing
Payne vs Tennessee
Stating victim impact statement was a admissible during penalty phase if execution was an option for a jury
Prosecutors could introduce VIS and victims could testify
Victims and corrections officials: parole
Victims more likely to have contact with probation and parole agents than prison officials
Victims wants from agents
1) know when offenders are on parole
2) Protected from harassment
3) if court ordered restitution, want it on time
Parole is the conditional release of a prisoner after a portion of his or her sentencing has been served
Allows correctional system to supervise offenders who are no longer incarcerated
If offenders follow rules, can finish sentence outside of prison (if not potentially sent back)
Typically good-time credits make prisoners released on parole often
Vine system
Victim information and notification everyday
Corrections to keep victim advised of offenders address
Allows crime victims to obtain information about particular criminal cases and the status of offenders who are in custody
14th amendment
Equal protection under the law
Maximalist vs minimalist positions
How many people are suffering in this way?
Maximalist:
- overlooked problem reaching epidemic proportions
- wide problem not receiving adequate attention and action by gov’t
- must mobilize people to combat growing crisis
Minimalist:
- skeptical of scope and seriousness
- attention and expenditures not warranted
Kidnapping and inveiglement
Kidnapping-is the act of taking holding a person (of any age) against his or her will
Inveiglement-detainment through trickery or manipulation
Ex: kidnapping, for ransom or robbery, for sexual abuse, raise their own child, to kill
Types of kidnapping case
Stranger abduction
Runaway who will eventually return home
Throwaways expelled from home by parents
Abducted by a parent after a separation or divorce
Lost child
Missing children: UCR and NCVS
No real data on kidnapping
Not even a part 1 crime under UCR
NCVS does not ask about kidnappings or include crimes against children under age 12
Code Adam
Amber alert
Family secret words
Code Adam- the universal alert for “missing child” used widely in department stores, hospitals, museums, and other public spaces
Family secret word: a word that only family members/immediate friends will know. Do not go w anyone who doesn’t know the word
Amber alert- social networking for missing child
Stockholm syndrome
The behavior of kidnap victims, who, over time, becoming sympathetic to their captors
Generally suffer from severe isolation from the outside world and emotional and physical abuse, a sense of hopelessness and helplessness
Types of child abuse
Physical abuse:
-anything which results in a non accidental physical injury by a person who has care, custody, or control of a child
Emotional abuse:
-damaging to the child’s mental health and social development
Sexual abuse:
-sexual exploitation or sexual activities with children under circumstances which indicate that the child’s health or welfare is harmed or threatened
Neglect:
-abandoned or failed to provide basic requirements, negligent or maltreatment (ex: no food, shelter, appropriate supervision)
Battered child syndrome:
- cyclical pattern of excessive punishments perpetrated by parents who themselves were abused
- a clinical condition in young children who have received serious physical abuse, from a caregiver
Risk factors for child abuse
Poverty:
often tied to unemployment and lack of general resources needed to meet the needs of children, often creating stress that leads to violence and neglect
The structure of the family:
Children who live with two biological parents are at lowest risk of being maltreated, while children who live with a single parent who has a cohabiting partner are at greater risk
Child abuse experience:
People abuse or neglect their children because they experienced or witnessed such behavior when they were younger
Age:
Young fatherhood is a risk factor for child abuse and young teen mothers are particularly vulnerable to abusing and neglecting their children (limited resources)
Substance abuse:
Child abuse often linked to substance-abuse (substance-abuse is tied to violent behavior but is also linked to an inability or unwillingness to provide physical and emotional support to children)
Delayed disclosure
relationship of victim and offender:
When the relationship involves family, it is less likely a victim will disclose due to the issue of family loyalty
Age difference:
The younger the victim, the more likely it is the victim will not disclose
Communication:
The victim may not know what or how to tell about the sexual abuse
Threats:
The offender may threaten the victim with some consequence or harm if she or he tells. The victim may fear punishments
Fears:
The victim may fear abandonment or rejection if here she tells
Emotions:
The victim may have a wide range of emotions. If the abuser has authority over the victim it will be difficult for the victim to disclose, as he or she may fear betrayal of relationship
Pseudomemory
Repressed memories of children-false memory syndrome
The controversy surrounding the recall of memories of incest that took place during childhood
Coined by Freud
Guardian ad litem (GAL)
Child advocate
Ex: Counselor & interpreter, defending against system induced trauma, monitor, coordinator
Credibility of children as witnesses (2 points of view)
1) pro-prosecution/pro-victim: children generally competent of fairly recent events
2) Pro-defendant: questions trustworthiness of children’s testimony as vulnerable to coaching by adults. (High pressure techniques can lead to false memory)
Wheeler vs USA
Children under 14 had to pass competency before testifying
Child abuse act of 1990 rules all children competent unless evidence contrary
Child friendly courtrooms/practices
(Case: George wheeler charged w murder, kid testifies and understands difference between truth and a lie and that if he lies he’ll be put in jail. Court permitted child to testify and wheeler was put away)
Maryland vs Craig
Rules alternatives to direct confrontations are permissible (ex: hearsay rule exception, use of dolls, etc)
Case: Craig was charged w abusing a child who attended child-care center. Child was too distressed to testify in courtroom so testified through the one way television)
Funnel model of criminal justice system
So many cases are weeded out at various stages, that very few cases remain in which the child testifies and parents are convicted
