L16 Victims Flashcards
Who are the victims of crime?
: People who have “suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws“ The UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
- This can apply to witnesses of a crime, or if you are related to a victim
According to the British Crime Survey, high victimisation rates are found among:
Urban areas (18% compared to rural 12%)
Property offences: (vandalism, theft and so on), young professionals
Personal victimisation: Age (16-24); single; low household income; unemployed; full time student; active evening life; high alcohol consumption
Elderly and women (sexual assault) report highest fear (unlikely to be victims)
Young males report least fear (highly likely to be victims)
• Although people most fear violent victimisation from strangers, many crimes are committed by non-strangers
The chance of being a victim of crime in a 12 month period is
20% in the UK
Describe what victims fear in crime in Aus
National Survey of Community Satisfaction with Policing (2001/2):
80% of Australians surveyed felt safe or very safe at home by themselves during the night
Only 40% felt safe or very safe outside during the night
• Australian Criminology Research - most feared public activity: catching the train
People fear housebreaking the most (74.9%), then motor vehicle theft (70%), then Fraud/credit card theft (59.7%), then physical assault (56.4%) then Internet based crime (44.4%) then Sexual assault (40.5%)
How do people manage their fear of crime?
Increase security measures at home
In public try to avoid “unpredictable strangers”
Go out in groups
Monitor environment/ stay alert
• These strategies can increase a sense of control that they won’t be victimised
• However constant attention to signs of danger can increase fear and perceptions of risk
How many crimes are reported in US by victims?• Factors that influence reporting:
• Crime statistics often reflect reported crimes, but many crimes go unreported
• Estimates that only 3/5 crimes in US reported by victims
• Factors that influence reporting:
– Nature of offence (*perception that reporting will benefit victim e.g insurance, seriousness)
– Characteristics of victim are less important
– Bystanders/support networks who encourage reporting
Describe the historical view of victims
- Early Middle Ages: Victims or their survivors played a central role in trial proceedings and sentencing (they were able to plead for justice, the victim could flog or hang the perpetrator)
- This ‘Golden age’ of the victim ended with monarchs who declared that vengeance was theirs alone (they wanted it to be more of an objective system with less passion and revenge)
- Crimes are often thought of as hostile acts against the state, rather than the events that hurt a specific person
- Until recently, victims have had few rights in the criminal justice system
Idea to make the system less swayed by emotions, more objective. - 1960s-1970s: Criticisms that the government offered the victims little to no support, even though ostensibly the criminal justice system was established to serve them
- 1970s: Concept of “Blaming the victim” recognised and popularised
Why do We Blame the Victim?
- The Fundamental Attribution Error: The tendency for observers, when analysing another’s behaviour, to underestimate the impact of the situation and to overestimate the impact of personal disposition, ignore the environment or situation.
- Just-World Hypothesis: The need to believe the world is fair and that people get what they deserve
– Bad people are punished
– Good people rewarded
- Blaming the victim shapes our responses to victims:
– The norms of our society demand that we help others that deserve our help. But if people are responsible for their own suffering, we do not feel obligated to help them.
e.g. People are less likely to help people with AIDS via sex vs transfusion
Victims’ View of Criminal Justice System
• Victims are often dissatisfied with the criminal justice system
• Survey of 249 victims across 6 cities in US (Medis, 1984)
– 77% said the courts were too slow and wasted time
– 86% felt that offenders weren’t punished enough
– Only 30% felt that the courts care about the victims’ needs
What is Secondary Victimisation ?
Victims’ concerns basically.
Traumatising to be raped and suddenly have to have pelvis examined etc. not in a caring way.
Uncertainty as to their role in the criminal justice process
A general lack of knowledge about the criminal justice system, courtroom procedures, and legal issues
Trial delays that result in frequent travel, missed work, and wasted time
Fear of the defendant or of retaliation from defendant’s associates
Trauma of testifying and cross-examination
Media – especially in homicide cases
What are 2 developments reflect the growing stature and influence of the victims rights movement:
–UN declaration of basic principles of justice for victims of crime and abuse of power
–The emergence of the interdisciplinary field of victimology, which concentrates on the process and consequences of victimisation experiences and how victims recover
Response to Victims’ Concerns
- Compensation of the crime victims
- Participation by victims in criminal proceedings
- Legislative changes protecting victims’ rights
- Reconciling victims and offenders
Pros and cons of 1. Compensation of the Crime Victims
• Restitution: Judge orders defendant to compensate victim for losses (can be a good outcome)
• Pros:
– Victim reimbursed
– Helps offenders appreciate how their crimes have hurt others
• Cons:
– Often there is no defendant because crime isn’t solved or defendant is acquitted
– Also, defendant is often financially unable to reimburse the victim
How do you put a dollar value on the trauma of rape?
- Government often has victim compensation funds to pay for lost wages and medical expenses
• These funds usually do not cover property losses and have fairly low caps on how much compensation will be provided
NSW 5000 immediate needs. 30 000 long term, medical, legal, earning, losses.
15000 funeral. No compensation for property losses.
pros and cons 2. Participation by Victims in Crime Proceedings
- Many states in AUS provide that victims have a right to be notified of and attend court proceedings and a right to make their views known, either to the prosecutor or directly to the judge
- Victims are concerned that important decisions are made without their input &/knowledge
- Victim impact evidence: Evidence offered at sentencing to show the impact on the victim of the crime for which the defendant has been convicted
Senator Brooks Douglass wrote a law that gave him and his sister the right to watch the state execute Steven Hatch, the man who attacked him and his sister and murdered their parents
Makes victim feel better but doesn’t affect the case
- Legislative Changes Protecting Victims’ Rights
- Legislative Changes Protecting Victims’ Rights
• Many states have passed special laws to protect victims’ rights. For example:
– To be notified of proceedings
– Not to be excluded from the trial and other proceedings
– To be heard at crucial stages such as the release of an offender, plea bargaining, and sentencing
– To be notified of offender’s release from custody
– To be freed from unreasonable delay in the proceedings
– To receive restitution from the convicted offender
• 70-90% of voters have supported such amendments (Westbrook, 1998)