Final Flashcards
Intimate partner violence!
+ types of abuse!
Violence against an individual by a current or former spouse, cohabitant, or intimate partner
Gender neutral and it applies to same-sex couples
Types:
- physical (Ex: punching, pushing)
- sexual (Ex: forces sex)
- psychological/emotional (Ex: power and control, anger/hostility)
Three phase cycle of domestic violence
- Tension building- offender creates tension, victim tries to appease
- The battering- acute battering incident (verbal, physical, sexual)
- Tranquil loving aftermath: offender apologizes, justifies their behavior, blames victim for the offense
Maximalist position!
- women are much more likely to be harmed by intimate partner than a stranger
- nearly 25% of women will be victims of severe physical violence from their partner
- violence against women is the leading cause of female hopelessness
Minimalist position
- only 3 in 1000 women aged 12 or older experience fatal violent offenses in a given year
- NCVS shows trends for domestic violence decreasing
Battered women syndrome
Highly variable symptoms of physical and psychological injuries exhibited by a women repeatedly abused, especially by her partner
What are barriers to disclosing and ending abuse?
(Why battered women stay)!
Learned helplessness
PTSD!!!
-A reaction to being exposed to an event which is outside the range of normal human experience
traumatic bonding theory!
-(emotionally drained and vulnerable, the women becomes susceptible to her partners loving guilt pressure to return)
Individual and interpersonal level
- current mental health and emotional status/PT stress
- fear: more likely to survive than be killed
Family and cultural level
- cultural and religious practices made it impossible for victims from some cultural group to consider divorce or separation
Community level
- inadequate institutional response, shelter, resources
Macro system
- policies and laws limit the choices available to victims (Ex: social welfare/immigrant laws)
Minneapolis domestic violence study!
Study w 3 options for police response.. offender was
- forced to leave
- sent to counseling (ineffective)
- arrested
Found that those who were arrested were less likely to commit additional acts of domestic violence
Mandatory arrest policy came out of the study (PO’s must arrest when there is probable cause that a crime has been committed and evidence exists to support the arrest)
The adoption of pro-arrest policies!
- pros/cons
- dual arrest
Pros:
- controls police behavior
- provides protection from immediate violence
- general deterrent effect among batterers
- communicate that domestic violence is a serious crime
- redistributes police resources to make them available to women on a more equal basis
Cons:
- arrest costs are high and arrests are time consuming
- ignores preferences of the victim
- police arrests both parties, thereby discouraging victim reports
Dual arrest:
- when it appears that both parties have caused physical injury they can arrest both the victim and the offender
No drop policy!
Prohibits victims from withdrawing charge: prosecutor only needs corroborating evidence if victim does not testify
Typology of IPV:
Intimate terrorism
Situational couple violence
Intimate terrorism:
- the attempt to dominate ones partner
- using violence as one tactic in general patterns of control
- the controlling behaviors often involve emotional and sexual abuse, isolation, economic abuse
- their partner used either no physical abuse or non-controlling abuse
Situational couple violence:
- one or two incidents but no pattern of abuse
- it is used in response to a particular conflict or situation
- abuse is generally minor/infrequent
Define Common Law Rape
Unlawful carnal knowledge committed by man against woman-not his wife
Define Forcible Rape!
The offender uses or threatens to use force to achieve penetration. Lack of consent is key factor
Define Statutory Rape!
When a person who is under the proscribed age of consent engages in sex. Consensual with underage partner
Lack of Consent
A strong verbal statement or an unambiguous physical act is sufficient to show lack of consent in the face of overwhelming force or an intimidating weapon
Rape Myths
- Attitudes and beliefs that are generally false but widely accepted to justify male sexual aggression
- Acceptance of rape myths lead to victim blaming
- Shifting blame from offender to victim
- Failure to acknowledge the severity of rape and sexual assault
-before, during, after the rape
(Ex: She is acquainted with the offender, she meets him in a risky setting, she has no bruises or torn clothing)
Elements of real (ideal) rape!
How are different “types” of rape treated differently by both the public and the criminal justice system?!
Real/Ideal rapes:
-Identified as unsuspecting female assaulted by a complete stranger, victim is virtuous and very young, victim fights back, struggles, and suffers injuries
Elements:
- Treated with full respect and dignity throughout the CJ process (w/o question or doubt) when escapes reports directly to police, forensic evidence is found.
Portrait of victims!
- Female late teens- early twenties
- Unmarried, low income
- Highest risk: black, unemployed, resides in large city!
- 22% raped by strangers in 2006-2010
Barriers and facilitators to reporting rape!
Barriers:
-Victims are less likely to report an assault to the police of a known offender vs stranger
-Fear of retaliation, shame, fear blame!
Facilitators:
-Women who are older, more educated, and earn higher incomes are more likely to report sexual assault
-“Seriousness of assault”: Victims are more likely to report when they perceive their assault to be a serious one!
Rape shield laws
- Stipulate that the defense cannot introduce evidence about an accusers past sexual conduct unless the woman has previously been convicted of prostitution, has had consensual sex before with the defendant, or has has an obvious incentive to lie
- Prohibits use of a victims previous sexual conduct to be brought into trial to be used to discredit victim. (Ex: Offers protections to victims in sexual assault cases to stem secondary victimization, a victims previous sexual history can be brought in only if it pertinent to the case)
Stalking!
Define, motivation, elements of stalking crime
Def:
-Repeated following, communication, and contacting a person in a threatening manner that causes the person to fear, on a reasonable basis, for his or her safety
Motivation:
- Primarily motivated by vengeance and hatred of the victim (desire to exert power or to regain control over their targets)
- -most victims are women and offenders are ex husbands/ex bfs who are jealous and possessive
Elements:
- Victim has reasonable fear of death or great bodily injury
- Credible threat of violence
Campus violence
Property crimes are far more prevalent than violent crimes
Terrorism!
- Violence against innocent civilians that is designed to have a psychological impact on a broader audience in order to achieve a political, messianic, or vengeful goal
- The ultimate objective of the terrorist is the establishment of a bargaining position (victims are treated largely as objects to be traded for what the terrorist wants)
Victims of Workplace Violence:
Workplaces with highest death-by-homicide rate
- taxicabs
- liquor stores/local bars
- gas stations
- hotel/motels
Job categories with the highest risk are police officers and sheriffs, security guards, and jewelry storeowners
How are victims repaid?!
Offender pays!
Civil suit!
Insurance companies
Victim compensation program!
Profits from notorious criminals
Offender pays:!
- (preferred) Making the offender pay is first choice
- In criminal court, judges can order convicts to make restitution
Civil suit:!
-Judges and juries compel wrongdoers to pay monetary damages
Insurance Companies:
-Insurance coverage can be sources of repayment
Victim compensation program:!
-Compensation comes from blameless third parties (govt funds)
Profit from notorious criminals:
-Victims might be able to deprive offenders of any profit
Types of restitution by offender:
Community service!
Symbolic restitution!
Creative restitution
Community service:!
- Designed to make amends w society as a whole
- Entails offenders working to “right wrongs”
Symbolic restitution:!
- Appropriate when the immediate casualities can’t be identified or located, or when the injured parties don’t want to accept the wrongdoers aid
- Made by offenders, partial repayments or repayments delivered to individuals or organizations that substitute for actual victims
Creative restitution:
- A situation in which the offender pays the victim back more than what was required or expected
- An ideal substitution, comes about when offenders, on their own initiative, go beyond what the law asks of them or their sentence requires, leaves their victim better off than before the crime took place
Purposes of restitution!
Repay victims- pay back all stolen cash, medical bills, wages from absence from work!
Rehabilitate offender- Make offender understand their personal responsibilities and social obligations, clear their guilt!
Reconciliation- After offenders have fully repaid the individuals they hurt, hard feelings can dissipate
Means of punishing- First priority is to incarcerate to repay debt to society, second is to make effort to repay victim
(Incarceration + restitution= not compatible)
Case attrition
The failure of arrests to come to trial. Less than half of all felony arrests result in conviction
Criminal Law!
vs
Civil Law!
Criminal:
- Criminal court is concerned with guilt
- The burden of proof is beyond reasonable doubt
- The remedy for violations is some form of punishment
- The victims role is primarily defined as a witness for the prosecution
Civil:
- Civil court is concerned with responsibility
- It attempts to determine whether an offender or third party is liable for the injuries sustained as a result of the crime
- The burden of proof is preponderance of the evidence
- The remedy for violations of civil law is compensation
Types of Civil Lawsuits
Wrongful death
Battery
False imprisonment
Wrongful death:
-A death caused by another person that occurs without justification or excuse (Ex: Manslaughter, murder)
Battery:
-Intentional physical contact with a person without that persons consent (Sexual battery, rape)
False imprisonment:
-Holding a victim against his or her will for any amount of time (rape and kidnapping situations)
3rd party Lawsuits!
Suing gov’t + businesses:
-If criminals are not caught or have no tangible assets, victims might be able to launch lawsuits against 3rd parties (individuals or entities such as businesses, institution, or govt agencies)
Suing businesses:
- Negligence created opportunity
- Did not act to prevent foreseeable crime (Disregard complaints, did not post warnings)
Suing Gov’t:
-Standard is “gross negligence”-Official inaction or incompetence facilitated the offenders inclination to harm innocent parties
Sovereign immunity
In few states, governmental bodies cannot be sued even when the negligence of officials clearly contributed to the commission of crime
(Suing govt)
Malfeasance and Nonfeasance!
Malfeasance- Officers acted carelessly or inattentively as victim were hurt (EX: tracy truman)!
Nonfeasance- Officers failed to act and to protect individuals to whom they owed special duty!
Victim compensation program rationales!
Shared risk rationale!
government liability rationale
social welfare approach
social justice
Shared risk rationale:!
- Viewed compensation as additional social insurance
- All public welfare insurance program intended to enable people to cope with the hazards that threaten stability and security in everyday life
- All taxpayers contribute to the pool to spread the costs
- everyone is entitles to reimbursement
government liability rationale:
- Viewed compensation as a way of meeting an overlooked gov’t obligation to all citizens
- The state is responsible for the safety of its citizens because it monopolizes or reserves the right to use force to suppress crime and to punish offenders
- Within the social contract, the state becomes liable for damages when its criminal justice system fails to fulfill its public safety obligation to its citizen
social welfare approach:
- Viewed compensation as a means of assisting individuals facing financial ruin
- The state has a humanitarian responsibility to assist victims
- The aid is given as a symbolic act of mercy, compassion, charity
- Receiving compensation is a privilege (eligibility and payment amounts limited)
social justice:
- The system generates crime by perpetuating intense competition, discrimination, unemployment, financial insecurity, and poverty, which in turn breed greed, desperation, stealing, and violence
- Society owes compensation through its gov’t agencies to people who are harmed through no fault of their own
Son of Sams Laws!
Preventing criminals from making money from writing books or movies!
Alternative dispute resolution:
- Mediation
- Conciliation
- Arbitration
Mediation:
-Method of resolving conflicts that counts on the effective intervention of neutral third party who works with disputants; direct negotiations between disputants
Conciliation:
-A procedure in which disputants negotiate by communicating through a neutral third party; Go-between facilitates flow of information between disputants
Arbitration:
-Neutral fact finder called in to break deadlocks and imposes a fair, final, and legally binding decision
Restorative Justice:
Pros/cons (victims point of view)
Pros:
- Way to resolve without making an arrest
- Allows victims to ask questions about why, how, etc
- Speedier and cheaper form of justice
- Does not protect accuser as state courts do
- Closed to the public
Cons:
- Healing and redemption undermine justice and responsibility
- Blameless victims may feel cheated if compromise involved with offender
Gun Control
Proponents of arming for self protection see weapons as equalizers that can save innocent lives
Critics opposed to arming for self protection see weapons as facilitators that enable law breakers to gain powerful advantages over their intended targets.
Retaliatory Justice
- An approach that emphasizes that the offender must suffer at least as much as the victim suffered
- A mode of conflict resolution that relies on the use of force, not negotiation and compromise.
Four rationale shaping self defense:
- Punitive rationale
- Rationale of necessity
- Individualist rationale
- Social rationale
Punitive rationale:
-an argument justifying the use of force in self-defense rests on the social and moral necessity of punishing wrongdoing; using force against an attacker is permissible because any injuries the aggressor suffers are deserved.
Rationale of necessity:
- a justification for using force as a means of self-protection to prevent serious injury; the use of violence is excused when a victim fearing great harm has no choice but to resort to force as a means of self-protection
Individualist rationale:
-self-defense that argues that a person under attack does not have to retreat from an aggressor; a citizen does not have to yield or concede any territory to those who would encroach on his or her autonomy
Social rationale:
-a justification for using force in self defense as a way of preserving law and order in the community
Peacemaking circles and family group counseling
Peacemaking circles:
-Circles—approach within restorative justice the attempts to draw a number of interested parties into the process of settling a conflict (Discussion between all parties, each person gets to talk, group develops consensus on how to restore harmony, follow up circle to check on wrongdoers progress)
Family group counseling:
- Maori, New Zealand culture where offenders describes ordeal to relatives, friends, and neighbors and victim explains impact of crime upon him
- Group determines the appropriate sanctions in both of these methodologies
Define Human trafficking
- The recruitment, harboring, transportation, provision, or obtaining of a person for one of three purposes:
1. Labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery.
2. A commercial sex act through the use of force, fraud, or coercion.
3. Any commercial sex act, if the person is under 18 years of age, regardless of whether any form of coercion is involved.
Human trafficking risk factors
Individual-Level:
-Living in extreme poverty
Country-Level:
- High levels of civil unrest and violence
- Few opportunities for social mobility and economic advancement
- Women are objectified
Risk factors of children targeted for sex trafficking:
- Age
- Poverty
- Sexual abuse
- Family substance/physical -abuse
- Individual substance abuse
- Learning disabilities
- Loss of parent/caregiver
- Runaway/throwaway
- Sexual identity issues
- Lack of support systems
Who is trafficked
- Females make up 56% of victims
- Worldwide, half the victims are under the age of 18
- Females predominate in sex trafficking
- Russia supplies most of the women who are trafficked for sex
- Source country = country where trafficked persons come from
- Destination country = country where trafficked persons go
- Germany is top destination country for sex trafficking
- U.S. is second largest destination country
- Possible Victims of Trafficking: illegal aliens, the poor
Honor killing
- Women are viewed as the property of male relatives and are responsible for upholding the family honor.
- Families believe that they have to preserve their ‘honor’ by punishing the woman who acted ‘dishonorably.
- Honor violence occurs in patriarchal communities where male status and family status are prioritized above all else.
Four motivators for genocide:
Developmental
Despotic
Ideological
Retributive
Developmental:
-targeted groups seen as an impediment to the colonization and/or exploitation of a given geographic area
Despotic:
-government wields genocide as a weapon against rivals for political power
Ideological:
-attempted destruction of a population because of a belief system; seeking utopia
Retributive:
-one group wages war against another in the struggle for political and social power
Risk factors for Intimate partner violence!
-Black women!
- young age
- low income
- low academic achievement
- aggressive or delinquent behavior as a youth
- heavy alcohol and drug use
- depression
- anger and hostility
