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Victimology

Victimology
n Discuss the experience of the victim in the criminal justice system
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Instructions Instructions
n Compare and contrast various approaches to seeking justice
n Explore how the criminal justice system might be changed to better serve victims
COURSE MATERIALS
Your textbook, Victimology, sixth edition, by William G. Doerner and Steven P. Lab, and your study guide are the tools you need to help you examine the plight of the crime victim. Read them, use them, and abuse them—make margin notes and highlight important points. React to the material presented, and write down what you think. Do you agree or disagree with your textbook? Relate what you’re learning to something you already know. Make lists of ideas. The better you get to know your textbook and study guide, the more you’ll learn.
A STUDY PLAN
This study guide represents a blueprint of your course. Read it carefully. It tells you what your assignments are for each lesson and provides a better approach to building your knowledge base in this course.
The entire course includes four lessons, and each lesson con- tains several assignments. Complete all the assignments and the examination for Lesson 1 before moving on to Lesson 2. To receive the maximum benefit from your studies, follow this procedure:
Step 1: In this study guide, read the introduction to Assignment 1. This is the first reading assignment of Lesson 1. Pay attention to the new ideas and concepts introduced, and carefully note the pages in your textbook where the reading assignment begins and ends.
Step 2: Skim the assigned pages in your textbook to get a general idea of their contents.
Instructions to Students2
Step 3: Now, read the assigned pages in the textbook. Try to see the “big picture” of the material during this first reading.
Step 4: Next, go back and carefully study the assigned pages in your textbook. Pay careful attention to all details, including the illustrations, charts, and dia- grams included in the textbook. Take notes on the important points and terms in a notebook, if you wish.
Step 5: At the end of the reading assignment, review what you’ve learned by completing the self-check ques- tions in this study guide. Write out the answers on a separate piece of paper, if you wish. Try to answer the questions on your own without looking them up in the textbook. Don’t worry about making a mistake. The purpose of answering these ques- tions is to review the material and to help you recognize the areas that you may need to study again. After you’ve answered the self-check ques- tions, check your answers with the answers in the back of this study guide to confirm that you answered the questions correctly. If you answered any questions incorrectly, review the material for that topic until you’re sure that you understand it. Note that these questions are provided only for you to review your learning. You won’t be graded on them in any way. Do not send your self-check answers to the school.
Step 6: Repeat Steps 1 through 5 for each of the remaining reading assignments in the lesson.
Step 7: When you’ve finished reading all of the assigned textbook pages for the lesson and you’re sure that you’re comfortable with the material, complete the examination for that lesson. The examination con- tains a number of multiple-choice questions. You may go back to your textbook to review material at any time when you’re working on the examination. When you’re finished with each lesson, take the
Instructions to Students 3
examination as soon as you’re ready. Do not study another lesson until you’ve completed the examination.
Step 8: Once you’ve completed the examination for the lesson, refer to the Research Project in the back of this study guide, and complete the research assign- ment for the lesson.
Step 9: Repeat these steps until all of the lessons have been completed.
Step 10: Finish your Research Project, and submit it for grading.
At any point in your studies, you may ask your instructor for further information or clarification of your study materials. E-mail your questions to your instructor, and he or she will see to it that you receive the needed information.
Now you’re ready to begin Lesson 1. Good luck with your course!
Instructions to Students4
Remember to regularly check “My Courses” on your student homepage. Your instructor may post additional resources that you can access to enhance your learning experience.
Lesson 1: Patterns and Statistics
For: Read in the Read in study guide: the textbook:
Assignment 1 Pages 7–9 Pages 1–19
Assignment 2 Pages 10–11 Pages 21–42
Examination 501600 Material in Lesson 1
Lesson 2: Types and Costs of Victimization
For: Read in the Read in study guide: the textbook:
Assignment 3 Pages 13–14 Pages 43–61
Assignment 4 Pages 15–16 Pages 63–94
Assignment 5 Pages 17–19 Pages 95–115
Assignment 6 Page 20 Pages 117–137
Examination 501601 Material in Lesson 2
Lesson 3: Restoring the Victim
For: Read in the Read in study guide: the textbook:
Assignment 7 Pages 23–24 Pages 139–161
Assignment 8 Pages 25–26 Pages 163–204
Assignment 9 Page 27 Pages 205–250
Examination 501602 Material in Lesson 3
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Assignments Assignments
Lesson 4: Special Victims and Victim Rights
For: Read in the Read in study guide: the textbook:
Assignment 10 Pages 30–31 Pages 251–291
Assignment 11 Pages 31–32 Pages 293–328
Assignment 12 Pages 33–34 Pages 329–361
Assignment 13 Pages 35–36 Pages 363–395
Examination 501603 Material in Lesson 4
Research Project 50160400
Lesson Assignments6
Note: To access and complete any of the examinations for this study guide, click on the appropriate Take Exam icon on your “My Courses” page. You should not have to enter the examination numbers. These numbers are for reference only if you have reason to contact Student Services.
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Lesson 1 Lesson 1
Patterns and Statistics
OBJECTIVES
When you complete this lesson, you’ll be able to
n Explain what victimology is all about
n Discuss the history of society’s treatment of victims
n Describe what victimologists do
n Summarize the findings of Wolfgang and Amir
n Examine what the future might bring for crime victims in the United States
n Analyze the different trends that have recently become popular to further promote victims’ rights
n Identify the difference between retribution and restitution
n Discuss the role that statistics play in victimology
n Analyze the importance of statistical data to victimolo- gists and its weakness
n Explain the difference between the Federal Bureau of Investigation (FBI) Uniform Crime Report (UCR) and the Bureau of Justice Statistics (BJS) National Crime Victimization Survey
n Discuss memory decay and telescoping
n Identify the UCR
ASSIGNMENT 1
Read this assignment in your study guide. Then read Chapter 1, pages 1–19, in your textbook, Victimology.
An often forgotten but crucial part of the criminal justice sys- tem is the victim of a crime. Without the victim as a witness, the police wouldn’t be able to solve crimes, the prosecutors wouldn’t be able to secure convictions, and the court system would become much less efficient.
Victimology8
Until the early twentieth century, the plight of crime victims was largely overlooked. In the police station, the pressroom, and the courtroom, victims were largely ignored. They were needed to help identify and put away the criminal but were offered little respect and sensitivity in return. At first, researchers were biased against victims. Researchers studied how victims contributed to the crimes against them and how they could have prevented the crimes. In the 1960s, however, the focus of researchers changed. They started focusing more on the victims’ suffering and how to prevent future victimiza- tion. This time period was the rediscovery of the victim. Since the 1960s, victims have been viewed as an important part of the criminal justice system.
Victimology is an area of specialization within criminology. Both criminologists and victimologists seek to be objective and impartial. They see themselves as social scientists inves- tigating both law-breaking and the response of the justice system and treatment programs.
Before victimology emerged as a separate science, criminolo- gists mostly studied the behavior of offenders. Some of their focus was on how offenders committed crimes and how they can be treated to prevent future crime. But when a renewed interest in the crime victim was born, social scientists started looking at the role of the victim in the crime. Although at times controversial, victimologists started delving into how some victims contribute to the crime. By doing so, they hoped to establish how certain crimes can be prevented.
Victimologists for the first time raised the possibility of shared responsibility. This, however, touches off a controversy. Should victims, just like offenders, be held accountable for their actions? Is it fair to blame victims after they’ve been harmed? And how many precautions should prudent people be expected to take?
Victimologists interested in the idea of shared blame have grouped victims into different categories. There are those vic- tims who conscientiously resisted the crime by taking special precautions to minimize risks. These folks are totally blame- less. Then there are those whom victimologists refer to as
Lesson 1 9
“conventionally cautious.” They’re largely blameless because they took conventional measures to minimize risk, like lock- ing the doors at night or rolling up the windows in a parked car.
Victimologists carry out studies that seek to identify, define, and describe all the ways that illegal activities harm targeted individuals; measure the seriousness of the problem; discover how victims’ cases are actually handled by the legal system; and test research hypotheses to see if they’re supported by the available evidence. Victimology can also help resolve dis- putes by studying how newly rediscovered groups suffer and whether efforts to assist them are really working.
Self-Check 1
At the end of each section of Victimology, you’ll be asked to pause and check your understanding of what you’ve just read by completing a “Self-Check” exercise.
Answering these questions will help you review what you’ve studied so far. Please complete Self-Check 1 now.
1. The discovery of child abuse as a crime occurred during the _______.
2. According to _______, crime in the United States more than doubled between 1960 and 1980.
3. The first victim compensation law in the world was passed in 1963 in _______.
4. The first International Symposium on _______ took place in Jerusalem in 1973.
5. The _______, passed on 2003, provided new protections against identity theft.
6. The 1990 Victims’ Rights and Restitution Act established a/an _______ for crime victims.
(Continued)
Victimology10
ASSIGNMENT 2
Read this assignment in your study guide. Then read Chapter 2, pages 21–42, in your textbook, Victimology.
One way that victimologists can understand victims and their plight is by collecting and analyzing statistics. Statistics are a useful way to see the big picture about crime in America and abroad. But statistics never speak for themselves. They need to be analyzed with a heavy dose of skepticism. They can be very useful but can also be misleading. Government, private organizations, and media organizations can use and interpret statistics to show a limited picture of whatever it is they’re trying to advocate or prove.
The two leading sources of data about crime victims pub- lished annually by the U.S. Department of Justice are the FBI’s Uniform Crime Report (UCR) and the Bureau of Justice Statistics (BJS) National Crime Victimization Survey (NCVS).
Self-Check 1
7. The _______ called for increased supervision of sex offenders and extended rights of victims to ask for redress even if their abuse didn’t surface until they were adults.
8. Where was the first Crime Victims’ Bill of Rights passed in 1980?
__________________________________________________________
9. What are the five types of victims that Mendelsohn identified?
__________________________________________________________
10. What is another way of saying lex talionis?
__________________________________________________________
Check your answers with those on page 39.
Lesson 1 11
The UCR draws upon police files and is useful to victimolo- gists who want to study murders. However, it’s of limited value for any research about victims.
BJS is a unit of the U.S. Department of Justice. Its principal function is the compilation and analysis of data and the dissemination of information for statistical purposes. To learn more about the BJS, visit its website at http://bjs.ojp.usdoj.gov/.
The NCVS, on the other hand, gathers data directly from members of the large national sample who answer a large number of questions about crimes that occurred in the last six months. The NCVS asks interviewees questions about their gender, race, and age; what crimes they’ve experienced, and whether the crimes were reported. Also, it asks whether victims resisted their assailant and how. The NCVS, although limited in that it samples only a small portion of the popula- tion, allows victimologists to build a better picture of victims, their reactions, and their needs.
By looking at these statistics, victimologists are able to detect victimization trends, such as changes over time in violent crime rates and whether more robberies are turning into murders. They’re also able to make international compar- isons of murder rates, assess comparative risks, uncover victimization patterns, and project cumulative risks.
People who face the highest risk to be murdered are Southerners, urban residents, males, teenagers, young adults between the ages of 18 and 24, and African Americans. On the other hand, Northeasterners, residents of rural areas, females, children, the elderly, and whites have the least risk of being murdered.
This is just a sample of information that both UCR and NCVS statistics have given social scientists interested in this data. If a victimologist is careful about analyzing the information hidden behind the numbers, he or she can glean a lot of use- ful information that can assist organizations and victims in the future.
Victimology12
Self-Check 2
1. List the three disadvantages of the Uniform Crime Report.
__________________________________________________________
2. Supplemental Homicide Reports indicate that homicides occur less often in _______ settings.
3. Supplemental Homicide Reports indicate that homicides occur most often during which part of the week?
__________________________________________________________
4. Victimization survey results can be compromised by _______, when respondents mistakenly discuss crimes that took place outside the survey time period.
5. According to the NCVS, the crimes most commonly reported to police are _______ and _______.
6. Series victimizations accounted for _______ percent of all crimes of violence in 2005.
7. Small places where crime is so common it becomes predictable are called _______.
8. The two explanations for repeated victimization are categorized into _______ and _______.
Check your answers with those on page 39.
When you’ve reviewed Lesson 1 and you feel confident that you understand the material, complete the Lesson 1 examination.
Then, refer to the Research Project in the back of this study guide and complete the research assignment for Lesson 1.
Types and Costs of Victimization
OBJECTIVES
When you complete this lesson, you’ll be able to
n Describe how victimologists study the behavior of victims in order to prevent future crimes
n Analyze the role victims play in the crime, from either unintentional negligence or careless recklessness
n Discuss the differences between victim blaming and victim defending in victimology
n Explain the costs incurred by victims
n Discuss the expressions “no truth in sentencing” and “the second insult”
n Define the New Directions project
n Explain compassion fatigue
n Discuss ethics issues of victim services
ASSIGNMENT 3
Read this assignment in your study guide. Then read Chapter 3, pages 43–61, in your textbook, Victimology.
Some victims can carelessly facilitate a crime. For instance, they facilitate a theft through sheer unintentional negligence. These folks are more indifferent to risks than other victims. They might, for instance, not lock their doors or even leave their car keys in the ignition.
Victims who are the most blameworthy are known as precipitative initiators and provocative conspirators. Precipitative initiators are substantially responsible for the crime that befell them. They precipitated the theft by leaving their possessions exposed and vulnerable. They’re presumed
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Lesson 2 Lesson 2
Victimology14
to want their possessions stolen, in many cases, for insur- ance money. Provocative conspirators go even further in wanting to have their possessions stolen in order to defraud their insurance company. These individuals provoke the theft, or a different type of crime, by actually making arrangements with the criminals.
There is also a “victim” category known as the fabricating simulator. These folks fabricate the crime completely to make a profit from a false claim. These three categories are really criminals posing as victims to commit insurance fraud.
Victim-blaming arguments focus upon facilitation through negligence, precipitation due to recklessness, and provocation because of instigation. Victim blaming insists that injured parties must change their ways if they want to live safer lives. Victim-defending arguments either place the entire blame for what happened on lawbreakers or find fault with social insti- tutions and cultural values that shape the lives of both offender and victims.
Self-Check 3
1. What are the Part I offenses?
__________________________________________________________
2. When do most household burglaries take place?
__________________________________________________________
3. List the five possessions that aren’t covered under motor vehicle theft.
__________________________________________________________
4. More than one quarter of all arson cases involve the burning of _______.
(Continued)
Lesson 2 15
ASSIGNMENT 4
Read this assignment in your study guide. Then read Chapter 4, pages 63–94, in your textbook, Victimology.
Violence against one’s person, or personal victimization, includes crimes like murder, assault, and robbery. All of these crimes involve the direct encounter with an offender. Social scientists have studied these types of crimes for decades. Particular interest has been focused on how proba- ble it was that the victims were partly responsible for their own victimization.
Self-Check 3
5. What is the key factor that sets fraud apart from other “street crimes”?
__________________________________________________________
6. The reason the extent of fraud is difficult to ascertain is because of the _______ involved.
7. When someone steals and uses another person’s personal information in a fraudulent manner, he or she is committing _______.
8. Using a computer or other electronic device to pose as a legitimate business and acquire personal information, particularly account numbers, is called _______.
9. What are the three types of mass-marketing fraud?
__________________________________________________________
10. Crime that occurs when computers are used as tools to target other computers is called _______.
Check your answers with those on page 39.
Victimology16
The costs associated with these types of crime are tremen- dous. Not only are there medical costs and property costs, but there are also costs associated with the victim missing work, follow-up mental health care, and court-related activities.
When looking at both UCR and NCVS statistics, victimolo- gists are able to discern how often people are harmed by lawbreakers. For one, statistics show that the level of violence subsided substantially during the second half of the 1990s. Furthermore, an all-time high for murder was recorded in 1980, when the homicide rate hit 11 deaths per 100,000 per- sons per year. Then murder rates dropped until the second half of the 1980s, picked up again until the early 1990s, and waned significantly as the decade unfolded and came to an end.
In 2009, there were 15,241 homicides in the United States. Social scientists have determined that men are more likely to be the victims of homicide than are women. Blacks are more likely to be murdered than are whites. Young black men are more likely to be murdered than are young white men; in fact, murder remains the number one cause of death among black men aged 15 to 34.
Self-Check 4
1. What is the FBI’s definition of homicide?
__________________________________________________________
2. During 2009, more people in what age group than any other were victims of murder?
__________________________________________________________
3. Between 2000 and 2007, the number-one cause of death among black males aged 15–34 was _______.
(Continued)
Lesson 2 17
ASSIGNMENT 5
Read this assignment in your study guide. Then read Chapter 5, pages 95–115, in your textbook, Victimology.
When victims come in contact with members of the criminal justice system, they expect to be treated with sensitivity and respect and to be made part of the team. They’re often sorely disappointed.
Self-Check 4
4. A potent predictor of whether or not lethal and nonlethal injuries will occur during a crime is the involvement of a/an _______.
5. What are the four types of primary homicide?
__________________________________________________________
6. What is the FBI’s definition of robbery?
__________________________________________________________
7. What does Luckenbill mean by situated transaction?
__________________________________________________________
8. Define strain theory.
__________________________________________________________
9. Name three types of learning theory.
__________________________________________________________
10. What is the most critical component for a successful bereavement?
__________________________________________________________
Check your answers with those on page 40.
Victimology18
Prior to the victims’ movement, victims were never made part of the justice system and were often disregarded, ignored, and even humiliated. Ever since the victims’ rights bills passed in some states, police officers, prosecutors, and judges have been retrained to deal more sensitively with victims. After all, they’re as necessary to the system as crimi- nals. Without victim participation, police officers would have a hard time making arrests, and prosecutors would have a hard time proving the guilt of the offender. In some ways, it’s in the best interest of the criminal justice system to better incorporate victims into the process so more of them stay the course and testify against their attackers.
Victims come in contact with many members of the criminal justice system. Their first exposure to the system is through contact with the police. Depending on how police treat vic- tims, victims will be either satisfied or dissatisfied with the process. If the police officer is empathetic, sensitive, and helpful, then the victims are more likely to feel that the sys- tem is on their side. If the police catch the offender, then the victims are also more likely to feel satisfied. Unfortunately, this often isn’t the case, leaving many victims disillusioned with the process.
If the offender is caught, then the victim will probably come in contact with a prosecutor, a defense attorney, and a judge. The prosecutor is supposed to be on the side of the victim, trying to secure a conviction and punish the offender. But oftentimes, prosecutors use victims only for their gain and, in return, treat them poorly. According to many victims’ rights groups, the system is all about the offender and mostly disre- gards the victim.
Defense attorneys are on the opposite side, and their entire job is to defend the offender. If that means destroying the vic- tim’s character in front of the jury or showing the victim’s shared blame, then that’s what they’ll do. Judges often can seem uncaring to victims, especially when they sentence a violent criminal to a short sentence while disregarding the victim’s plea for a longer sentence.
Lastly, victims might come in contact with corrections offi- cials, who may protect their safety by notifying them of the offender’s release. Until the victims’ movement, correction
Lesson 2 19
officers didn’t always contact victims, and some victims were subsequently harmed by the released offender.
In the distant past, many victims were mistreated by agen- cies and officials within the criminal justice system. In the recent past, some victims were treated much better than others, depending on race, income level, and prestige. Researchers currently don’t have data to let them know whether the criminal justice system has corrected this prob- lem. It’s still unclear whether or not the criminal justice system delivers equal justice for all or if the problem of differ- ential handling persists.
Self-Check 5
1. One of the issues victims face when they seek comfort from the criminal justice system is _______.
2. Although some victims are often reimbursed for losses incurred during crimes against them, the costs are ultimately incurred by _______.
3. Fourteen percent of injury-related medical spending is due to _______.
4. Violent crime results in wage losses equivalent to _______ of American earnings.
5. Federal funding for victim-witness assistance programs in prosecutor offices began in the _______.
6. What is a reason why victims and witnesses refuse to cooperate with the system?
__________________________________________________________
7. It has been recommended that judges should advise victims of their _______ as routinely as they advise defendants.
8. It has been recommended that victims have input into the _______ of offenders.
9. People who service victim clients and have appropriate training to help are called _______.
10. The physical, emotional, and spiritual fatigue that takes over a person denying him or her the ability to feel or care for others is called _______.
Check your answers with those on page 40.
Victimology20
ASSIGNMENT 6
Read this assignment in your study guide. Then read Chapter 6, pages 117–137, in your textbook, Victimology.
Collecting restitution hasn’t always been easy. Many street criminals are poor and have nothing to collect. Prisoners who have been released from jail often have a hard time finding a job. If they don’t have a job, it’s impossible to garnish their wages to pay back victims. Also, penalties for not paying back restitutions can vary, and often judges won’t send an offender back to jail for not paying if the offender served his or her sentence. Lastly, there’s generally no effective mecha- nism set up to force someone to pay money. The criminal justice system isn’t in the business of collecting debt, so collecting funds isn’t easy. For those who can’t collect restitution from a criminal within the criminal justice system, the civil court route is available. In civil court, it’s easier to prove wrongdoing and collect damages from an offender. In civil court, a victim can feel empowered and collect his or her due.
If there’s no way to collect funds from an offender in civil court, then some victims can look for restitutions from third parties, like businesses or government agencies. Although third parties tend to have huge resources, proving such a case can be costly, time-consuming, and difficult.
Lastly, a victim can recover lost funds from insurance, either private- or government-run, in the form of compensation pro- grams. Private insurance is often available but can be costly and thus hard for lower-income individuals to purchase. Compensation programs have been set up in most states since the 1960s, although they initially met considerable political resistance. It isn’t necessary that the perpetrator be caught and convicted to receive reimbursement. However, such funds are very limited, and only innocent victims of vio- lent crimes, not property crimes, are eligible for financial aid to cover lost earnings and out-of-pocket medical expenses.
Lesson 2 21
Self-Check 6
1. Transfer of services or money from offender to victim is called _______.
2. _______ are a key force behind the growth of court-ordered restitution legislation.
3. In many cases, restitution is seen as a means of _______ the offender.
4. What are four types of restitution?
__________________________________________________________
5. What are the four impediments to restitution?
__________________________________________________________
Check your answers with those on page 41.
When you’ve reviewed Lesson 2 and you feel confident that you understand the material, complete the Lesson 2 examination.
Then, refer to the Research Project in the back of this study guide and complete the research assignment for Lesson 2.
Victimology22
NOTES
Restoring the Victim
OBJECTIVES
When you complete this lesson, you’ll be able to
n Define dispute resolution and explain its rationale
n Discuss reintegrative shaming
n Explain restorative justice
n Compare and contrast mediation techniques
n Discuss rape and sexual battery
n Explain rape myths
n Analyze the syndrome and reaction repair cycle related to rape
n Describe the Sexual Assault Nurse Examiner
n Identify issues related to the use of “rape kits”
ASSIGNMENT 7
Read this assignment in your study guide. Then read Chapter 7, pages 139–161, in your textbook, Victimology.
Victimologists have documented two informal movements to make victims of crime whole again. One leads participants on a quest for nonlegalistic and nonadversarial ways to settle differences between people embroiled in conflicts. This para- digm of restorative justice seeks victim-offender reconciliation through such methods as mediation arbitration and community-based programs at neighborhood justice centers. The goals of this process are offender sensitization, victim recovery, a cessation of mutual hostilities, and a sense of closure, in which both parties put the incident behind them and rebuild their lives. Restorative justice draws upon non- punitive methods of peacemaking, mediation, negotiation, dispute resolution, conflict management, and constructive engagement.
23
Lesson 3 Lesson 3
Victimology24
The other informal victims’ movement is at the opposite end of the spectrum. It rejects the peacemaking approach alto- gether. Instead, victims and their allies retaliate against their alleged offenders to make sure they get punished. This isn’t a new thing for our country. Vigilantism was popular in the Old West and the Deep South from the early years of the country until the 1960s. As opposed to legitimate self-defense, retalia- tory violence visited upon suspected predators caused a role reversal: Victims became offenders, and offenders became victims.
Gaining restitution from offenders is an ancient idea, going back to the Bible and even earlier. During the centuries before government and laws, the gut reaction of victims was to get even, whether by injuring their offenders or by taking back their property. As laws were established centuries later in England, governments imposed fees on offenders, and pri- vate matters became public. Offenders were required to reimburse the Crown for disturbing the peace.
As the notion of restitution faded over the centuries, leading figures in legal philosophy and criminology called for its revival. In the late 1960s, many scholars recommended that restitution obligations be imposed on convicts more fre- quently. Since then, many states have passed restitution laws and have attempted to collect funds from criminals.
Self-Check 7
1. _______ seeks to address the needs of everyone impacted by criminal victimization.
2. The kind of justice that focuses on sanctioning the offender is called _______.
3. Isolating and stigmatizing an offender to bring him or her back into society is a premise of Braithwaite’s _______ theory.
(Continued)
Lesson 3 25
ASSIGNMENT 8
Read this assignment in your study guide. Then read Chapter 8, pages 163–204, in your textbook, Victimology.
Adult victims can have different needs and concerns. For example, victims of sexual abuse, rape, and domestic violence don’t have the same needs as victims of robbery or car theft. They’re often afraid of reporting the offense for fear of reprisal or complacency on the part of the criminal justice officials. They’re embarrassed, emotionally scarred, and often lack the self-confidence needed to get away from their offender or report the crime.
With advocates exposing the plight of these victims, many in the criminal justice system eventually figured out that some- thing special needed to be done to handle these cases and these victims. For instance, police officers are better trained to initially deal with these victims and with their offenders, prosecutors are better trained to bring charges against their aggressors, and judges are better trained to be sensitive to their needs.
Self-Check 7
4. What are the three integrated dimensions of the restorative justice typology?
__________________________________________________________
5. Healing and peacemaking circles are other terms for _______.
6. One problem with restorative justice programs in existence is that they may be too _______ to solve complex societal problems.
7. Restorative justice has been used primarily with _______ and _______ crimes.
Check your answers with those on page 41.
Victimology26
For instance, all victims of violence by intimates, whether they’re husbands, wives, or parents, need special forms of protection from reprisals, including restraining orders and shelters. Sexual assault victims face special credibility tests when they come forward as complainants and witnesses for the prosecution. Rape shield laws concerning cross-examina- tion on the witness stand, revised rules about corroboration, crisis centers, and restraints against intrusive media cover- age lessen the burdens these victims face.
Self-Check 8
1. What is the problem with the conventional definition of rape that lasted well into the 1970s?
__________________________________________________________
2. What is the UCR definition of rape?
__________________________________________________________
3. More than 60 percent of sexual victimizations are _______ rapes.
4. What does NCVS stand for?
__________________________________________________________
5. When we talk about the prevalence of rape, we’re talking about the number of _______. When we talk about the incidence of rape, we’re talking about the number of _______.
6. The idea that rape is a crime of power rather than a crime about sex is a/an _______ explanation.
7. Sexual assaults and rape are reported to the police _______ of the time.
Check your answers with those on page 42.
Lesson 3 27
ASSIGNMENT 9
Read this assignment in your study guide. Then read Chapter 9, pages 205–250, in your textbook, Victimology.
Violence against one’s person is most likely to come from someone the victim knows. In many cases, that violence is between intimate partners. Women are the most likely targets.
Throughout history, wife beating has been considered socially acceptable and has been legally tolerated. After all, as recent as the early twentieth century, a woman had no real rights; she was considered a man’s property.
During the most recent women’s rights movement in the 1960s, concerns over family violence, which included spousal rape and other forms of abuse, started getting attention from criminal justice officials. Some of that attention arose from the fact that some women fought back against their hus- bands. In fact, research shows that nearly 75 percent of all homicides of husbands by their wives occurred after the wives had been victimized by long-term spousal abuse. Many of those women suffered from battered wife syndrome.
Today, intimate partner violence applies to not just hetero- sexual couples, but also same-sex partners.
In either case, when police have been called to intervene in altercations between intimate partners, there has been, and continues to be, debate as to whether arrests should be made.
Self-Check 9
1. A legal movement to restrict wife beating in the country began in _______.
2. The first Equal Rights Amendment for women was proposed in _______.
(Continued)
Victimology28
Self-Check 9
3. What are the five major forms of intimate partner abuse?
__________________________________________________________
4. What are the three theories of intimate partner abuse?
__________________________________________________________
5. What does probable cause mean?
__________________________________________________________
Check your answers with those on page 42.
When you’ve reviewed Lesson 3 and you feel confident that you understand the material, complete the Lesson 3 examination.
Then, refer to the Research Project in the back of this study guide and complete the research assignment for Lesson 3.
Special Victims and Victim Rights
OBJECTIVES
When you complete this lesson, you’ll be able to
n Discuss the special needs of victims, such as missing children
n Evaluate how these special victims are handled by the criminal justice system
n Show how shifts in life expectancy in America affect crime
n Discuss the political role of America’s aging population
n Identify the risks elderly people face today
n Explain elder abuse in institutions
n Identify the responsibilities of America’s Adult Protective Services
n Explain the routine activities perspective
n Explain workplace and school bullying
n Discuss employer negligence
n Describe prevention methods for workplace and school crime
n Define sexual harassment
n Discuss how victims cope with workplace and school violence
n Explain the work done by the President’s Task Force on Victims of Crime
n Describe the Victims’ Bill of Rights
29
Lesson 4 Lesson 4
Victimology30
n Trace legislative reforms as they impact victim rights
n Discuss victim services professionalism
n Explain the tenets of the proposed Twenty-Sixth Amendment
ASSIGNMENT 10
Read this assignment in your study guide. Then read Chapter 10, pages 251–291, in your textbook, Victimology.
Many crimes require special understanding and sensitivity by police officers, lawyers, and judges. These particular crimes leave their victims more vulnerable and exposed to the sys- tem. We’re talking about victims of sexual assaults, victims of domestic violence, and kidnapped, assaulted, and missing children and their families.
These groups have special needs and vulnerabilities that, in recent years, the criminal justice system purports to under- stand and cater to. This chapter examines how the system accords them (or is supposed to accord them) special consid- erations and extra-sensitive treatment.
For instance, one example is missing children. For years, the plight of missing children wasn’t handled in a coordinated fashion by the FBI and local police forces. Parents had to convince the authorities that their youngsters were truly vic- tims of foul play and not runaways. Many police departments wouldn’t even start looking for a missing child until at least 24 hours passed, or in some cases, 48 hours. With the chil- dren’s rights movement, the federal government and state authorities coordinate information about missing children. Parents now get informed of all of their rights and their options. Police have started sharing more valuable informa- tion with parents who are anxious for any news about their child.
Missing children aren’t the only ones that require special treatment. Any child who enters the criminal justice system because of sexual abuse, physical abuse, or kidnapping now has a guardian ad litem to look after the best interests of the child. The guardian ad litem advocates on behalf of the
Lesson 4 31
child’s specific needs and explains to the child in simple terms how the system works. Because a courtroom and the entire process of testifying against an accused can be espe- cially frightening, intimidating, and overwhelming for a child, having someone on his or her side is crucial.
Self-Check 10
1. Young children who have received serious physical abuse from a parent are victims of _______.
2. What were the four obstacles to identifying battered children as victims of abuse?
__________________________________________________________
3. A critical component in child maltreatment laws was the establishment of a depository for records of child abuse allegations called a/an _______.
4. The child welfare system is a conglomeration of what seven components?
__________________________________________________________
Check your answers with those on page 42.
ASSIGNMENT 11
Read this assignment in your study guide. Then read Chapter 11, pages 293–328, in your textbook, Victimology.
The American population is aging. By the middle of the twenty-first century, 20 percent of Americans will be at least 65 years of age. With that information in mind, it’s under- standable that victimologists have taken special interest in crimes against the elderly. After all, as society ages, crime against the aged can be expected to increase.
Victimology32
Historically, elderly victims of violent crime are somewhat of a rarity. Although individuals over the age of 65 represent 15 percent of today’s population, only 1.7 percent of violent crime is directed against them.
Victimologists study crime against the elderly for two main reasons. First, the nature of those crimes against the elderly is unique. Secondly, the conditions in which elderly citizens may be forced to live create risk other members of society don’t face.
One of the most common types of crime committed against the elderly involves abuse and neglect. Victimologists debate when to apply neglect, however, because it’s not always a simple matter determining what qualifies as abuse rather than neglect.
Statistically speaking, elderly women are more often victims of crime than are elderly men. Older people in the category are more likely victimized than their younger peers. The poor older person is more likely victimized than one who is well-off.
The offender is typically white, middle aged, and male.
Of major concern to researchers of elder abuse is the mis- treatment that often occurs in institutional settings. Many of those institutions become storage facilities for elders who are treated like inmates and whose only frailty is old age. The institutions are often staffed by undereducated and poorly paid employees. The resulting environment presents a hotbed for potential abuse. And, because abuse occurs behind closed doors, the elderly are unable to make their complaints known.
Lesson 4 33
ASSIGNMENT 12
Read this assignment in your study guide. Then read Chapter 12, pages 329–361, in your textbook, Victimology.
The premise behind the routine activities perspective is that when there’s no guardian against criminal activity and a vic- tim presents himself or herself to a motivated offender, crime will probably take place. This three-pronged perspective is often found in schools and workplaces.
The most common type of violent crime in the workplace is assault. Homicide is the least common. Most violent crime in the workplace takes place in retail settings. But most violent crimes in the workplace aren’t committed by disgruntled
Self-Check 11
1. What is behind the “graying of America”?
__________________________________________________________
2. Why is there increasing interest in crime and the elderly today?
__________________________________________________________
3. What is the fear-crime paradox associated with the elderly?
__________________________________________________________
4. What are the unique risk factors elderly people live with?
__________________________________________________________
5. If an elderly person is victimized through “exploitation,” what is he or she a victim of?
__________________________________________________________
Check your answers with those on page 43.
Victimology34
employees. Nevertheless, the violence that is perpetuated by workers is often caused by stress. That stress doesn’t always originate in the workplace. Some of it comes from conflicts the worker experiences outside the workplace.
Victims of crime in the junior and senior high school setting primarily experience thefts, vandalism, bullying, and verbal attacks. More extreme crimes like murder and assault are comparatively rare.
Bullying, which can be so severe as to qualify as criminal activity, is rampant. Approximately one-third of all students are believed to have been victims of bullying. In addition, it’s believed that during 2007 and 2008, 10 percent of all teach- ers were threatened or attacked by students.
School is a perfect environment to test the routine activities perspective. Potential student victims and student offenders are brought together; both are required to be in school. Add to that the fact that teachers (the guardians) are few and far between because of budget-constrained teacher-student ratios, and criminal acts are sure to follow.
Most efforts to deal with crime in schools are based on the presumption that crime comes from outside the institution’s walls. In fact, the criminals are screened through metal detectors, right into the building with their classmates.
The most common crime occurring on college campuses is burglary. Murder is fairly rare.
Colleges are required to track the numbers of crimes occur- ring on their campuses. However, student victims are less likely to report crimes than are other segments of society. As a result, statistics on crime and victims in the college setting might not be completely accurate.
Lesson 4 35
ASSIGNMENT 13
Read this assignment in your study guide. Then read Chapter 13, pages 363–395, in your textbook, Victimology.
Victims are real people with real problems, emotions, and pain. They suffer at the hands of criminals and also some- times at the hands of the criminal justice system. With the advent of the victims’ rights movement, victims have won many victories and secured many new rights for themselves.
The rediscovery of victims and the victims’ rights movement have been instrumental in revamping the criminal justice system. Now the system isn’t focused only on the offender, but is also concerned about the victim.
Self-Check 12
1. What is OSHA’s definition of workplace violence?
__________________________________________________________
2. The third most frequent cause of death at the workplace is _______.
3. _______ percent of all workplace homicides are worker-on-worker violence.
4. Workers in _______ are victimized at a higher rate than all other occupations.
5. The two categories of causes for workplace violence are _______.
6. What does OSHA recommend employers do to protect employees against workplace violence?
__________________________________________________________
Check your answers with those on page 43.
Victimology36
As the twenty-first century is unfolding, what will happen to victims? Will they be given more rights or fewer rights? The victims’ rights movement is waging a campaign to gain addi- tional formal, legal rights within the criminal justice system and there’s a degree of success. Victims are becoming more empowered as their needs and demands are being heard by activists, advocates, and politicians. On the other hand, some individuals and groups are moving away from the arena of formal, legal rights to explore informal alternatives.
As the victims’ rights movement seeks to make further inroads at the expense of suspects, defendants, convicts, and prisoners, it will encounter resistance from civil libertarians who fear that the government will use victims to enhance its powers over individuals. As victims seek more rights from justice system agencies, officials will try to defend their privi- leges and fend off outside interference and imposed costs.
These competing areas and competing interests will shape victims’ rights in the twenty-first century.
Self-Check 13
1. A federal task force recommended that the _______ Amendment be modified to include victim rights.
2. _______ states have victim rights amendments in their constitutions.
3. A victim’s right to be heard by the court during sentencing of someone who victimized him or her is guaranteed in the federal _______.
4. What are the two formats of a victim impact statement?
__________________________________________________________
5. What was the ruling in Booth v. Maryland?
__________________________________________________________
Check your answers with those on page 43.
Lesson 4 37
When you’ve reviewed Lesson 4 and you feel confident that you understand the material, complete the Lesson 4 examination.
Then, refer to the Research Project in the back of this study guide and complete the research assignment for Lesson 4.
Victimology38
NOTES
Self-Check 1
1. 1960s
2. United Crime Reports
3. New Zealand
4. Victimology
5. Fair and Accurate Credit Transactions Act
6. federal bill of rights
7. Adam Walsh Child Protection and Safety Act
8. Wisconsin
9. Crime victims, self-victimization victims, social victims, technological victims, and victims of the natural environment
10. An eye for an eye, a tooth for a tooth.
Self-Check 2
1. Overlooks the dark figure of crime, relies on hierarchy rule, and offers little information about victims
2. commercial
3. On the weekend
4. telescoping
5. aggravated assault, motor vehicle theft
6. 4.1
7. hot spots
8. risk heterogeneity, state dependence
Self-Check 3
1. Burglary, larceny/theft, motor vehicle theft, and arson
2. During the day
3. Farm machinery, boats, airplanes, trains, and construc- tion equipment
39
Answers Answers
4. motor vehicles
5. The victim usually doesn’t know immediately that he or she has been defrauded.
6. secrecy
7. identity theft
8. phishing
9. Advance fee fraud, bank and financial account schemes, and investment opportunities schemes
10. cybercrime
Self-Check 4
1. The willful killing of one human being by another
2. 20–24
3. homicide
4. weapon
5. Matricide, patricide, parricide, and intimate femicide
6. Taking or attempting to take anything of value from the care, custody, or control of a person through force, threat of force or violence, and/or putting the victim in fear
7. Homicide occurs after a series of actions and reactions by the participants.
8. Society places value on success but fails to provide the means to achieve that success.
9. Modeling, differential association, and differential identification
10. Support needs to be given to the survivor.
Self-Check 5
1. being exploited
2. society
3. violent crime
Self-Check Answers40
4. one percent
5. mid-1970s
6. Anticipated costs are too high.
7. rights
8. release
9. victim advocates
10. compassion fatigue
Self-Check 6
1. offender restitution
2. Victim losses
3. rehabilitating
4. Monetary payments to the victim, monetary payments to the community, service performed for the victim, and service performed for the community
5. The offender isn’t caught; the victim fails to request; the inability of the offender to pay; calculating the appropri- ate level of restitution
Self-Check 7
1. Restorative justice
2. retributive justice
3. reintegrative shaming
4. Victim reparation, communities of care reconciliation, and offender responsibility
5. circle sentencing
6. ambitious
7. less serious, property
Self-Check Answers 41
Self-Check 8
1. Husbands were excluded because penetration was included as a means of committing the crime.
2. The carnal knowledge of a female forcibly and against her will
3. nonstranger
4. National Crime Victimization Survey
5. victims, victimizations
6. sociocultural
7. less than one-third
Self-Check 9
1. the mid-1600s
2. 1923
3. Physical, sexual, emotion, economic, and psychological abuse
4. Intraindividual theories, sociocultural explanations, and learned helplessness perspective
5. Facts are sufficiently strong to make an officer conclude that the accused committed the crime under investigation.
Self-Check 10
1. battered-child syndrome
2. ER doctors didn’t understand what they were seeing; doctors didn’t want to believe parents were hurting their children; patient/doctor confidentiality; court appear- ances required doctors to defend their expertise
3. central register
4. Investigation, foster care, medical services, mental health treatment, substance abuse counseling, employment assistance, and welfare options
Self-Check Answers42
Self-Check Answers 43
Self-Check 11
1. Increased life expectancy
2. Growth of the elderly population, political astuteness of the elderly, and social consciousness
3. The elderly are less likely to be victims of crime, but there is greater fear of crime among the population.
4. Economic resources, where they live, whether they live alone, and diminished physical abilities
5. Theft, fraud, and misuse or neglect of authority; the use of undue influence to gain control over the elderly per- son’s money or property
Self-Check 12
1. Violent acts, including physical assaults and threats of assault, directed toward persons at work or on duty.
2. homicide
3. Seven
4. law enforcement
5. situational and individual
6. Provide safety education, secure the workplace, provide drop safes, provide cell phones, keep informed, maintain vehicles, and develop policies and procedures
Self-Check 13
1. Sixth
2. Thirty-three
3. Crime Victim’s Rights Act
4. A written account accompanying the pre-sentence inves- tigation report and allocution
5. Juries shouldn’t be exposed to VIS during deliberations.
NOTES
Self-Check Answers44
PROJECT OBJECTIVE
The project is a course-long assignment that culminates with a paper written at the conclusion of your lessons. The pur- pose of this project is to give you the opportunity to explore different concepts from each lesson in more detail, to learn how these concepts are applied in your state, and to build the necessary foundation to enable you to write the compre- hensive paper at the conclusion of the course.
Make sure you complete each research assignment in the order in which it’s presented as you complete each lesson.
INSTRUCTIONS
To satisfy the requirements for this project, you’ll complete specific assignments at the conclusion of Lessons 1, 2, 3, and 4. After you complete all of the lessons in the course, you’ll prepare a paper and submit it for grading.
Be sure to take careful notes as you complete each assign- ment. You’ll be using this information to write your paper. Also, keep track of the sources you research so you can cite them in your paper.
Assignment for Lesson 1: Uniform Crime Report
Complete this assignment when you finish the work for Lesson 1.
Visit the website for the Federal Bureau of Investigation (FBI) at http://www.fbi.gov, and locate the Uniform Crime Report: Crime in the United States (referred to in your textbook). Access the most current year and find “Offenses Reported to Law Enforcement,” which presents an alphabetical listing of many geographical jurisdictions within each state. Focus on those jurisdictions in your state. Examine the incidence of various reported crimes per 100,000 population. The crimes are grouped as “Index Crimes,” which include
45
Research Project Research Project
violent crimes (murder, rape, robbery, and assault) and prop- erty crimes (burglary, larceny, vehicular theft, and arson). Focus your research to answer the following questions:
n What are the definitions of each of the “Index Crimes” in your own state’s penal code?
n Do all of these crimes have victims?
n How do these crimes affect your community?
n How does your jurisdiction compare with other jurisdic- tions in your state with respect to the crime rate?
n To what do you attribute any differences?
Organize your notes carefully and keep them until you need them later to develop your project. Make sure you also keep track of your sources so you can cite them when you write your project.
Assignment for Lesson 2: Jury Duty
Complete this assignment when you finish the work for Lesson 2.
Watch a video about jury duty at http://www.flcourts.org/gen_public/jury/bin/Jury_Service.wmv.
Then answer the following questions:
n Research your state’s requirements for serving on a jury. If you live in Florida, research another state of your choice. What requirements did you discover?
n Which amendment to the Constitution guarantees the accused a public trial by an impartial jury?
n Which amendment to the Constitution guarantees the parties in a civil trial the right to a jury trial?
n Jurors make decisions about a case based on what?
n Have you ever served on a jury or have been called for jury duty? If so, share your experience.
Research Project46
Organize your notes carefully and keep them until you need them later to develop your project. Make sure you also keep track of your sources so you can cite them when you write your project.
Assignment for Lesson 3: Battered- Woman Syndrome
Complete this assignment when you finish the work for Lesson 3.
Research the topic of “battered-woman syndrome” (referred to in your textbook). Focus your research on finding answers to the following questions:
n What are the psychological reasons that cause a woman to stay with an abusive spouse?
n How has society traditionally responded to such cases?
n How has this response changed in recent years on the part of the courts, the prosecutors, and the police?
n What laws does your state have to protect the victims of domestic violence?
n What resources and programs are in existence in your state to aid victims of domestic violence?
Organize your notes carefully and keep them until you need them later to develop your project. Make sure you also keep track of your sources so you can cite them when you write your project.
Assignment for Lesson 4: Victim-Rights Groups
Complete this assignment when you finish the work for Lesson 4.
Mothers Against Drunk Driving (MADD) is a very strong and influential victims’ rights group in the area of drunk driving. However, many other victims’ rights groups exist to protect and promote the rights of crime victims. Research some of
Research Project 47
these victims’ rights groups, particularly those that exist in your state. To complete this assignment, consider contacting your local criminal court, prosecutor’s office, and public defender’s office.
Concentrate your research on finding answers to the follow- ing questions:
n Do victims in your jurisdiction have a right to be heard, and are they consulted before the defendant enters a plea? Before the defendant is sentenced?
n How much consideration does your jurisdiction give to the desires of the victim?
n How does your jurisdiction deal with victims who refuse to testify in court or want to drop the charges?
n Does your jurisdiction make provisions for the protection of victims and witnesses?
n Does your jurisdiction administer a victim compensation fund or similar program?
Organize your notes carefully and keep them until you need them later to develop your project. Make sure you also keep track of your sources so you can cite them when you write your project.
PROJECT SPECIFICATIONS
When you’ve completed the four lessons and their correspon- ding assignments, use the following procedure to develop your project:
1. Create a title page with the following information:
a. Title: Victimology
b. Your name
c. Your student number
d. Project number: 50160400
e. Current date
Research Project48
2. Prepare a paper of at least 1,500 words in a word-pro- cessing program.
3. Double-space your paper, with left and right margins of 1 to 1.25 inches, flush left and ragged right. Use a plain, 12-point font.
4. Incorporate and properly reference the sources of infor- mation obtained from your four assignments, as well as from any other sources of information that you deem rel- evant. To cite your sources, please follow this procedure:
a. Use in-text citations to indicate references to informa- tion from outside sources. Include the author’s name and the relevant page number(s) in parentheses. Here’s an example: Human beings have been described as “symbol-using animals” (Burke 3).
b. At the end of your paper, include a works cited page, listing all of the sources you’ve consulted. Use either MLA or APA format for this page. For information on how to prepare this page, go to the Penn Foster Library and click on Guidebooks and Tips in the main menu.
5. Proofread your paper at least twice, and pay careful attention to spelling, grammar, punctuation, and typo- graphical errors. Remember that this is a college course. Your work in all respects should reflect college-level skills.
GRADING CRITERIA
Your project will be graded on the following criteria:
Content 60%
Written communication 15%
Format 25%
Here’s a brief explanation of each of these criteria.
Research Project 49
Content
Assignment 1 15 points
The student completely answers the questions in “Assignment for Lesson 1: Uniform Crime Report” and includes proper citation.
Assignment 2 15 points
The student answers the questions about the video and performs proper research.
Assignment 3 15 points
The student focuses his or her research on the questions presented in the assignment.
Assignment 4 15 points
The student focuses his or her research on the questions presented in the assignment.
Written Communication
The student
n Includes an introductory paragraph, a body, and a concluding paragraph
n Uses correct grammar, spelling, punctuation, and sentence structure
n Provides clear organization by using words and phrases like first, however, on the other hand, and so on, conse- quently, since, next, and when
n Makes sure the paper contains no typographical errors
Format
The paper is double-spaced, typed in 12-point font, and at least 1,500 words long. The student incorporates and properly references the sources of information from the assignments, as well as from any other sources of informa- tion deemed relevant.
Research Project50
SUBMITTING YOUR PROJECT
Use this procedure to submit your research project for grading:
1. On your computer, save a revised and corrected version of your title page and paper.
2. Go to http://www.takeexamsonline.com and log in.
3. Go to My Courses.
4. Click on Take Exam next to the lesson you’re working on.
5. Enter your e-mail address in the box provided. (Note: This information is required for online submission.)
6. Attach your file or files as follows:
a. Click on the Browse box.
b. Locate the file you wish to attach.
c. Double-click on the file.
d. Click on Upload File.
e. If you have more than one file to attach, repeat steps a–d.
TO ORDER FOR THIS QUESTION OR A SIMILAR ONE, CLICK THE ORDER NOW BUTTON AND ON THE ORDER FORM, FILL ALL THE REQUIRED DETAILS THEN TRACE THE DISCOUNT CODE,
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