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8/18/2015

Prepared by Emily Berthelot, University of Arkansas at Little Rock ©

CHAPTER TWO THE REDISCOVERY OF CRIME VICTIMS

1. To trace how changes in the criminal justice

system over the centuries have impacted the

role of victims in the legal process.

2. To find out how and why the plight of victims

has been rediscovered in recent decades by

various social movements and groups.

Learning Objectives

3. To become familiar with the stages of the

rediscovery process.

4. To apply the concept of rediscovery to specific

groups of victims mentioned in the news.

Learning Objectives

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History of Victims

 Historically, criminal justice focused on victims to seek redress for pain and suffering based upon biblical tenets and English Common Law

 Industrialization and urbanization began to diminish the role of victims

 Victims lost control of government and judicial process

 Recovery of damages ultimately became a civil rather than a criminal matter

History of Victims

 History in United States similar

 In Colonial America, victims conducted investigations and paid for warrants for sheriff to make arrests

 “Bill of Rights” reconceptualized crimes as hostilities against the “state”

 Focused on protecting rights of criminals

 Violation of laws more important than harm to victims

History of Victims

 Focus of prosecutors and courts was to deter crime

through punishment, long sentences, and execution

 Prosecutors were given the powers and duties that

were previously the responsibility of victims

 Victims’ roles:

 Filing a complaint with the police

 Testifying for the prosecution, if necessary

 Not notified or involved with plea bargaining of

their cases in court

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Rediscovery of Victims

 Late 50s and early 60s social movements

influenced the rediscovery of victims:

 Law and Order Movement

 Civil Rights Movement

 Women’s Rights Movement

Rediscovery of Victims

 Law and Order Groups

 Reaction to rising crime rates

 “Get tough on criminals” focused on victims

 Lock up criminals quickly and for a longer time

 Fewer loopholes for attorneys

Rediscovery of Victims

 Women’s Movement—Became very active in antirape and antibattering campaigns  Efforts to break down patriarchal culture

tradition to subjugate women

 1972—First antirape effort with crisis centers in Berkeley, CA and Washington D.C.

 1974—First “Safe House” for battered women established in St. Paul, Minnesota

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Rediscovery of Victims

 Other Social Movements

 Rights of Children

 Senior Citizens—Elder Abuse

 Homosexuals

 Better training for law enforcement

 Prisoners’ rights movement

 Self help movement

Rediscovery of Victims

 Politicians enacting legislation named after victims became very popular:  Brady Bill, Amber Alert, and Megan’s Law

 Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act

 Emmett Till Unsolved Civil Rights Crime Act

 Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act

Rediscovery of Victims

 The news media played a major role in

the rediscovery of victims.

 More attention given to victims rather than

offenders in media coverage

 Highly publicized cases gave victims a forum

to be heard

 24-hour news cycle delivers reports of

crimes and victims around the clock

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Rediscovery of Victims

 Media’s rights to report crimes often conflicts with the victim’s rights for privacy.

 Solutions to this problem include:

 “Shield laws” to protect from needless and unnecessary disclosure of names and addresses and previous victim involvement

 Self-restraint of reporters and editors

 Adoption of a “Code of Ethics” requiring reporters to read a victim their “victim rights” prior to any interviews

Rediscovery of Victims

 Commercialization of products and services for victims

 Businesses cash in on customers’ fear of becoming a victim

 Automobile anti-theft devices (Do they really work?)

 Home security systems

 Pepper spray

 Firearms

Rediscovery of Victims

 Victimologists played a major role

 Process of rediscovery unfolds through a series of steps and stages:

 Stage 1— Calling Attention to an Overlooked Problem

 Stage 2— Winning Victories, Implementing Reforms

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Rediscovery of Victims

 Stage 3—Emergence of an Opposition and Development of Resistance to Further Changes

 Stage 4—Research and Temporary Resolution of Disputes

 The process of rediscovery continues:

See Box 2.2

Rediscovery of Victims

The Four Stages of Rediscovery Illustrated:

Human Trafficking

1. Reviving public outrage about a longstanding

problem

 American feminists and conservative, evangelical

Christians joined together to heighten concern and

provoke outrage with regards to human trafficking

Rediscovery of Victims

2. Passing Legislation and Setting Up Assistance

Programs

 U.S. Department of State broadened definition of

trafficking

 All 50 states and the District of Columbia have passed

legislation to combat sex and labor trafficking

 Most states still lack adequate laws to support and

assist persons who have escaped

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Rediscovery of Victims

3. Challenges Arise and Opposition Emerges

 Some activists feel the casual application of the

term “modern-day slavery” is insensitive and

historically inaccurate

 Concern about media sensationalism

 Suspicions that the problem is being exaggerated

by campaigners

Rediscovery of Victims

4. Research Findings Temporarily Resolve

Disputes

 Over 525 confirmed victims located (Banks and

Kyckkelhahn, 2011)

 Studies have found that police departments lack

sufficient policies and adequate training to accurately

identify trafficking victims and successfully investigate

their cases (Wilson, Walsh, and Kleuber, 2006;

Farrell, McDevitt, and Fahey, 2010; and George,

2012)