Exam 2 Flashcards

1
Q

Shared responsibility

A

Victim proneness, individual vulnerability, personal accountability for ones misfortunes

Victims as well as criminals did something wrong

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2
Q

Duet frame of reference

A

Implies shared responsibility within a victim-offender relationship

Ex: domestic violence

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3
Q

Penal couple

A

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)

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4
Q

Does-suffer relationship

A

Shared responsibility within a victim offender interaction

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5
Q

Boost explanation

A

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

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6
Q

Flag explanation

A

Focuses on the targets vulnerability

Ex: apartments w sliding doors are easily broken into

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7
Q

Victim blaming

A

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)

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8
Q

Victim defending

A

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)

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9
Q

Just the world outlook

A

People get what they deserve

Bad thing happen to bad people and good things happen to good people

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10
Q

Offender blaming

A

Do not shift any blame away from offender onto the victim

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11
Q

System blaming

A

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

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12
Q

Facilitation

A

Victims carelessly and inadvertently make it easier for a thief to steal

Ex: leaves purse visible in car

Least serious

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13
Q

Precipitation

A

Victim significantly contributes to violent outbreak

Ex: cheating w wife

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14
Q

Provocation

A

Victim more directly responsible for the crime

Ex: victim started a fight in a bar and ended up dead

Most serious

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15
Q

Victim facilitation and auto theft for stealing a vehicle

Retagging

Chop shops

Short term travel

A

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

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16
Q

Victim facilitation (auto theft)

A

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)

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17
Q

Auto theft typology

Conscientiously resisting

A

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

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18
Q

Auto theft typology

Conventional cautious victims:

A

Rely on anti theft features provided by automobile manufacturers as standard equipment

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19
Q

Auto theft typology

Carelessly facilitating victims

A

Set the stage for crimes of opportunity through gross negligence

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20
Q

Subintentional death

A

Those who got killed, played contributory roles in their deaths by exercising poor judgement, taking excessive risks, or pursuing a self destructive lifestyle

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21
Q

How the system handles victims

Functionalist perspective vs conflict perspective

A

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

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22
Q

Types of punishment

A

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)

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23
Q

Punishment opponents

A
  • results in high rates of imprisonment
  • is expensive
  • is often impractical
  • can be ineffective
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24
Q

Restitution

A

Recoup losses and pay bills incurred as result of the crime

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25
Q

Rehabilitation

A

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)

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26
Q

Misprision of felony

A

If they conspire or collaborate in a cover up or witness and don’t report a serious crime they be charged w this

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27
Q

Complaints

Unfounding

Defounding

A

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

28
Q

Clearance rate

Investigation

A

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

29
Q

Cold case squad

A

Many police departments have established cold case squads to reexamine old unsolved serious crimes

30
Q

Community policing and victim oriented policing

A

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)

31
Q

Victims rights:

Denial of bail

Case status

Employer intercession

Creditor intercession

Compensation

A

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

32
Q

Common victims rights

A

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

33
Q

Courtroom work group

A

The judge

Prosecutors/District attorney/assistant DA- enforcing law, representing law of government and victim, all in justice

Defense attorney

34
Q

How do prosecutors and assistant DA’s serve the victims

A

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

35
Q

Victim witness assurance project

A

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

36
Q

Intimidation

A

Criminals families and acquaintances of offenders, gangs own, family attempting to have victims drop charges

37
Q

Plea bargaining negotiations

Advantages/disadvantages

A

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
38
Q

Negotiation pleas

A

Defendant agrees to plead guilty in exchange for some kind of consideration

39
Q

Bedsheeting and overcharging

A

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

40
Q

Victim and defense attorney

A

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

41
Q

Sixth amendment

General rule

A

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

42
Q

Judges role

A

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

43
Q

Eighth amendment

A

Prohibits excessive bail

Critique: bail system discriminates against poor people

44
Q

Allocution

A

Victims influencing sentencing by expressing their views orally in person (speech/advice) at sentencing hearing

45
Q

Victim impact statement

A

Can provide valuable info to a judge

Often included in a pre-sentencing investigation and reviewed by judge prior to sentencing

46
Q

Booth vs Maryland

A

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

47
Q

Payne vs Tennessee

A

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

48
Q

Victims and corrections officials: parole

A

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

49
Q

Vine system

Victim information and notification everyday

A

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

50
Q

14th amendment

A

Equal protection under the law

51
Q

Maximalist vs minimalist positions

A

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
52
Q

Kidnapping and inveiglement

A

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

53
Q

Types of kidnapping case

A

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

54
Q

Missing children: UCR and NCVS

A

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

55
Q

Code Adam

Amber alert

Family secret words

A

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

56
Q

Stockholm syndrome

A

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

57
Q

Types of child abuse

A

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)

58
Q

Battered child syndrome:

A
  • 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
59
Q

Risk factors for child abuse

A

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)

60
Q

Delayed disclosure

A

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

61
Q

Pseudomemory

A

Repressed memories of children-false memory syndrome

The controversy surrounding the recall of memories of incest that took place during childhood

Coined by Freud

62
Q

Guardian ad litem (GAL)

A

Child advocate

Ex: Counselor & interpreter, defending against system induced trauma, monitor, coordinator

63
Q

Credibility of children as witnesses (2 points of view)

A

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)

64
Q

Wheeler vs USA

A

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)

65
Q

Maryland vs Craig

A

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)

66
Q

Funnel model of criminal justice system

A

So many cases are weeded out at various stages, that very few cases remain in which the child testifies and parents are convicted