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BLOCK 3 > Victims of Crime > Flashcards

Victims of Crime Flashcards

1
Q

E&W legislation and policy

A 
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)
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2
Q

R v Christopher Killick

A

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’

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3
Q

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

A

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

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4
Q

R v Barker

A
  • 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
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5
Q

What does R v Barker raise concerns over?

A

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

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6
Q

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

A

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

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7
Q

Domestic Violence, Crime & Victims Act (2004)

A

victims commissioner and victims code

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8
Q

Coroners and Justice Act (2009)

A

ability to grant anonymity to a vulnerable witness

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9
Q

Council of Europe Recommendations (2006)

A

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

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10
Q

Recent EU Directive (2011)

A
  • right to info- user friendly
  • right to victim support service incl. practical and emotional support based on assessed needs
  • right to safeguards in mediation
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11
Q

New EU Directive

A
  • 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
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12
Q

Von Henig (1948) Victim Precipitation

A
  • victim is viewed as active participant in crime

- victim is first to act; encourages or provokes crime

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13
Q

Amir (1971)

A

used police data- 19% of rapes were victim precipitated

now largely discredited

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14
Q

Sparks (1982) Victim Proneness

A

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

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15
Q

Positivist Victimology- Cohen & Felson (1979) Routine Activities

A

fails to take into account structural inequalities

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16
Q

Radical victimology

A

local crime surveys identifying high levels of victimisation in poorer communities

17
Q

Critical victimology

A

drawing upon labelling theory- victim applied a label

18
Q

Victim Movement

A

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

19
Q

Victimization Surveys

A
  • challenge to previous approach
  • victim precipitation attacked by feminists
  • British Crime Survey (1982)- now E&W
  • Scottish Crime Survey (1983)
  • International Crime Victim Surveys
20
Q

Innovations in Practice

A
  • compensation orders
  • one stop shops (introduced by victims charter)
  • victim impact statements
  • victim focus scheme
  • independent sexual/domestic violence advisors
21
Q

Advantages of victim impact statements

A
  • 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
22
Q

Disadvantages of victim impact statements

A
  • 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
23
Q

Variety of support

A 
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
24
Q

Scotland Guidance for vulnerable witnesses in criminal and civil proceedings

A
  • informed approach
  • concerns/difficulties similar
  • guidance on defining support offered and approach from prosecutors
25
Q

Decision rests with competent adult

A

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

26
Q

Key Issues Arising

A

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

27
Q

Need for further guidance on recording and confidentiality/privacy

A
  • 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
28
Q

Howard League for Penal Reform (2007)

A
  • 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
29
Q

Fionda (2005)

A

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

30
Q

Furlong & Cartmel (1997)

A

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

31
Q

UNICEF (2006)

A

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

32
Q

Lombard’s findings

A
  • 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
33
Q

Muncie (2009)- Hidden dimension of child abuse

A 
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
34
Q

Care of parents or state? Antony Redding (2001)

A
  • 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
35
Q

Modern crime involving children- Save the Children (2007)

A 
Slavery
Prosecution
Labour
Soldiers
Forced marriage
Domestic Slavery
36
Q

What’s Happening?

A

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

37
Q

Conclusions

A
  • 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

BLOCK 3 (5 decks)

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