Lecture 7 Victims and victimology Flashcards
Who are victims?
- A person harmed as a result of a crime
- Multiple victims
- Repeat victimisation
- Different risks and vulnerabilities
Explain past neglect of the victim?
- Adversarial justice system primarily focuses on the offender
- Lack of support for victims
- focus on the case against the offender
- secondary victimisation
- Nils Christie (1977) - crimes ‘stolen’ from the victim by the state
- Academic literature traditionally did not focus on victim’s experience
What is Procedural Justice?
Procedural justice is the degree to which someone perceives people in authority to apply processes or make decisions about them in a fair and just way.
What are the four key principles of Procedural Justice?
- Treating people with respect and dignity
- Making unbiased decisions and interpreting and applying rules consistently and transparently
- Giving people a voice and hearing their concerns and experiences
- Showing and encouraging trust by being sincere, caring and authentic, and trying to do what is right for everyone
What are four outcomes of the introduction of Youth Justice and Criminal Evidence Act 1999?
- List of facilities available to assist vulnerable and intimidated witnesses give evidence at court
- ‘Vulnerability’ – age, disability, mental/physical disorders
- Victims of sexual offences (witnesses) cannot be cross examined by the defendant
- Vulnerable victims can give evidence via video link/ use screen in some circumstances
What are the 12 overarching rights in the Victims Code of Practice?
- To be able to understand and to be understood.
- To have the details of the crime recorded without unjustified delay
- To be provided with information when reporting the crime
- To be referred to victim support services and have services and support tailored to your needs
- To be provided with information about compensation
- To be provided with information about the investigation and prosecution
- To make a Victim Personal Statement
- To be given information about the trial, trial process and your role as a witness
- To be given information about the outcome of the case and any appeals
- To be paid expenses and have property returned
- To be given information about the offender following a conviction
- To make a complaint about rights not being met
What is the Victims code of practice?
The Victims’ Code sets out the minimum level of service victims can expect from criminal justice agencies such as the police and courts, whether they choose to report the crime or not.
What is a Victim Personal Statement?
- Opportunity for victims to describe the impact of the crime (psychological, physical, social, financial) – fact not opinion
- Allow victims to express their concerns in relation to bail or the fear of intimidation by or on behalf of the defendant
- Provides victims with a means by which they can say whether they feel that the crime was racially motivated or that their age, gender, faith, sexuality or disability played a part in the crime
- Provide the criminal justice agencies with a ready source of information on how the particular crime has affected the victim or in the cases of homicide, the family of the victim; and a practical way of ensuring that the sentencing court will consider, (in accordance with s.143 of the Criminal Justice Act 2003), “any harm which the offence caused“
- Used only after plea or finding of guilt
What are the four principles of the National Victims Commissioner?
- Independenceof government and criminal justice agencies.
- Inclusivityin representing all victims and witnesses, particularly the most vulnerable members of our community.
- Transparencyin all of our work, including in the issues the Commissioner raises with policy makers and our priorities for change.
- Encouraging responsibilitythrough work with all criminal justice and local agencies to ensure the voices of victims and witnesses are heard and that each organisation takes responsibility for them.
Name 5 Victim Support services?
- Victim Support
- Independent sexual violence advocate service
- Independent domestic violence advocate service
- Sexual Assault Referral Centre
- Children’s Sexual Assault Assessment Centre
What initiative was created to tackle repeat victimisation?
Multi Agency Risk Assessment Conference (MARAC).
Victims assessed as high risk of victimisation can be referred to MARAC.
What is Restorative Justice?
‘A process whereby the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future’ (Marshall, 1999, P37).
What is the mediation form of RJ?
Mediation: Mediation is a process in which an impartial third party - the mediator - helps people in dispute work out an agreement. The people in dispute work out the agreement rather than the mediator, who runs the meeting with ground rules.
What is the direct or indirect restorative justice process?
The victim and offender, guided by a facilitator, communicate with one another. Other people can also be involved in the process, such as supporters of the victims and perpetrator, and also members of the wider community. This can take place through a direct face-to-face meeting, or, when several other people are involved, a conference; or indirectly with the facilitator acting as ‘go between’ in ‘shuttle mediation’. An agreement is usually reached to decide how best to repair the harm caused and a rehabilitative programme may be agreed.
What is the community conferencing form of RJ?
This is a large-scale conference particularly useful at resolving anti-social behaviour. This process is similar to community problem solving meetings. However, it is restorative if the process focuses on the harm caused and its resolution.
