Victims of Crime

Question 1

E&W legislation and policy

Answer 1

Victims Charter 1990/6
Speaking up for Justice (1998)
YJ & Crim Ev Act (1999)
CJA (2003)
Domestic Violence, Crime & Victims Act (2004)
CPS guidance
Victim Support (2013)

Question 2

R v Christopher Killick

Answer 2

When case was dismissed victim complained there was no authority to review decision
‘A decision not to prosecute is in reality a final decision for the victim. There must be a right to seek review’

Question 3

EU Directive (2012)- establishing minimum standards/rights of victim

Answer 3

victims allowed to review of decisions made by prosecutors, investigative judges and law enforcement NOT the decisions of the courts

Question 4

R v Barker

Answer 4

• Found guilty of death of baby P
• young girl suggested sexual abuse
• judge allowed testimony
• Barker appealed- passage of time and young age= incompetent witness
• appeal dismissed

Question 5

What does R v Barker raise concerns over?

Answer 5

Raises questions over how we deal with historical cases and how we communicate with young people

Question 6

Youth Justice and Criminal Evidence Act (1999) s17 & 18

Answer 6

s17- witness eligible for assistance on grounds of fear or distress about testifying
s18- special measures can be invoked

Question 7

Domestic Violence, Crime & Victims Act (2004)

Answer 7

victims commissioner and victims code

Question 8

Coroners and Justice Act (2009)

Answer 8

ability to grant anonymity to a vulnerable witness

Question 9

Council of Europe Recommendations (2006)

Answer 9

Assistance should be provided; rehab in terms of home, social care, work place and counselling

Question 10

Recent EU Directive (2011)

Answer 10

• right to info- user friendly
• right to victim support service incl. practical and emotional support based on assessed needs
• right to safeguards in mediation

Question 11

New EU Directive

Answer 11

• protecting and including conditions to avoid contact with defendant
• special measures such as same person interviewing victim and avoidance of visual contact with defendant
• all member states to train all public officials that come into contact with victims

Question 12

Von Henig (1948) Victim Precipitation

Answer 12

• victim is viewed as active participant in crime

- victim is first to act; encourages or provokes crime

Question 13

Amir (1971)

Answer 13

used police data- 19% of rapes were victim precipitated

now largely discredited

Question 14

Sparks (1982) Victim Proneness

Answer 14

Precipitation- encourage own victimisation
Facilitation- eg failing to lock door
Opportunity- keeping things safe
Attractiveness- displays of wealth etc
Impunity- ‘easy target’ won’t seek retribution

Question 15

Positivist Victimology- Cohen & Felson (1979) Routine Activities

Answer 15

fails to take into account structural inequalities

Question 16

Radical victimology

Answer 16

local crime surveys identifying high levels of victimisation in poorer communities

Question 17

Critical victimology

Answer 17

drawing upon labelling theory- victim applied a label

Question 18

Victim Movement

Answer 18

US- rights based movement (1960s)
UK- victim support groups (1974)
Feminist criminology- recognition of violence against women/gender crime

Question 19

Victimization Surveys

Answer 19

• challenge to previous approach
• victim precipitation attacked by feminists
• British Crime Survey (1982)- now E&W
• Scottish Crime Survey (1983)
• International Crime Victim Surveys

Question 20

Innovations in Practice

Answer 20

• compensation orders
• one stop shops (introduced by victims charter)
• victim impact statements
• victim focus scheme
• independent sexual/domestic violence advisors

Question 21

Advantages of victim impact statements

Answer 21

• identify exact harms
• judges become aware of full extent of harm
• informs proportionate sentencing
• therapeutic for V
• public recognition of V status
• V satisfaction
• procedural rights

Question 22

Disadvantages of victim impact statements

Answer 22

• secondary wounds
• emotional?
• vindictive & punitive victims may lead to disparity in sentences
• practical concerns of court resources
• doesn’t fit with adversarial process
• conflicts defendants rights
• substantive rights rather than procedural rights

Question 23

Variety of support

Answer 23

counselling for;
-improving self esteem and confidence
-stress & anxiety
-depression
-suicide and self harm
Psychotherapy for;
-emotional and behavioural disturbance
-highly traumatised and display symptoms of mental health issues

Question 24

Scotland Guidance for vulnerable witnesses in criminal and civil proceedings

Answer 24

• informed approach
• concerns/difficulties similar
• guidance on defining support offered and approach from prosecutors

Question 25

Decision rests with competent adult

Answer 25

person in position of care and responsibility for person concerned can be beneficial so should not be denied or advised against all involved should note support will not inevitably contaminate

Question 26

Key Issues Arising

Answer 26

Assessing need- what stage should this occur Recording and confidentiality Protocols legislative

Question 27

Need for further guidance on recording and confidentiality/privacy

Answer 27

- Importance of keeping records - Need to discuss confidentiality at outset - Calling therapist as witness - Onus on therapist to voluntarily disclose info about client in relation to new disclosures or existing charge - where child discloses about abuse implicating other children

Question 28

Howard League for Penal Reform (2007)

Answer 28

- 95% of children surveyed has been victim on at least one occasion - many victims of theft, 57% had property deliberately damaged - majority bullied - predominantly report victimisation to family member - majority of incidents occurred at school - children had a fear of crime and wanted a safe place to play

Question 29

Fionda (2005)

Answer 29

Children felt vulnerable, scared and demonized by adults Need for crime prevention strategies; child friendly cafes, skate parks and youth clubds Anti-social behaviour part of growing up

Question 30

Furlong & Cartmel (1997)

Answer 30

concerns about concentration on young people being viewed as perpetrators and instead we need to recognise they are victims of crime

Question 31

UNICEF (2006)

Answer 31

concerned that violence in the home is hidden Not limited by demographics families find it difficult to confront

Question 32

Lombard's findings

Answer 32

- Boys normalize violence against females as a consequence of their actions - girls would need to modify their behaviour/aspirations when married - unless someone intervenes then violence is just part and parcel of growing up and day to day life

Question 33

Muncie (2009)- Hidden dimension of child abuse

Answer 33

``` 1- recorded in crime stats 2- on child protection registers 3- reported to official agencies 4- recognized as abused and known to relative/friends but not reported 5- those not recognized at all ```

Question 34

Care of parents or state? Antony Redding (2001)

Answer 34

- 4months custody at Brinsford YOI for car related offences - underlying problems at school, prior custody, serious self harming and previous attempted suicide - YOS notified self harming and placed under suicide watch - moved to normal location and places in shared cell - took own life- found in cell

Question 35

Modern crime involving children- Save the Children (2007)

Answer 35

``` Slavery Prosecution Labour Soldiers Forced marriage Domestic Slavery ```

Question 36

What's Happening?

Answer 36

Youth offending teams (YOTs) Community safety partnerships Community schools safety partnerships

Question 37

Conclusions

Answer 37

- young offenders often victims too - move toward diversion - move toward recognizing victims in CJS - recent cases highlight continuity of problems - V rights v rights of accused