Criminal Justice Assignment - Due Monday

1.14. Victims and Victim Typologies

SHANELL SANCHEZ

It was not until 1660 that the word victim was first used to in the sense of a person who is hurt, tortured or

killed by another. A victim of crime did not exist until well into the 17th century. Why were victims ignored

for so long? 1

A victim is an integral part of the system, in fact, some say without a victim there would be no

need for the CJ system. Victims are the people or communities that suffer physical, emotional, or financial

harm as a result of a crime. Over the years different typologies of victims have been created to demonstrate

the unique role or position of victims in relation to crime. Typically, when people hear someone has been a

victim of a crime we often think of them as completely innocent. In fact, a lot of new legislation and policy

changes created to provide the victim with a greater role in the CJ offers the stereotypical view of the victim

as completely innocent. 2

Typologies of Crime Victims Theorists have developed victim typologies that are concerned primarily with the situational and personal

characteristics of victims and the relationship between victims and offenders. Benjamin Mendelsohn was one

of the first criminologists to create a victim typology, in the 1950s, but was not without controversy. Below

is a table of Mendelsohn’s typology of crime victims and as you can see he placed a lot of emphasis on most

victims attitude that leads to their victimization. 3

Mendelsohn’s Typology of Crime Victims

1. Hagemann, O., Schäfer, P., & Schmidt, S. (Eds.) (2010). Victimology, Victim Assistance, and Criminal Justice: Perspectives Shared by International Experts Wemmers, J. A short history of victimology. at the Inter-University Centre of Dubrovnik. 2010. Available at SSRN: https://ssrn.com/abstract=2482627

2. Fuller, J.R. (2019). Introduction to Criminal Justice: New York: Oxford University Press. 3. Mendelsohn, B. (1976). Victimology and contemporary society's trends. Victimology, 1(1), 8-28.

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Innocent victim Someone who did not contribute to the victimization and is in the wrong place at the wrong time. This is the victim we most often envision when thinking about enhancing victim rights.

The victim with minor guilt

Does not actively participate in their victimization but contributes to it in some minor degree, such as frequenting high-crime areas. This would be a person that continues to go to a bar that is known for nightly assault.

The guilty victim, guilty offender Victim and offender may have engaged in criminal activity together. This would be two people attempting to steal a car, rob a store, sell drugs, etc.

The guilty offender, guiltier victim The victim may have been the primary attacker, but theoffender won the fight.

Guilty victim The victim instigated a conflict but is killed in self-defense. An example would be an abused woman killing her partner while he is abusing her.

Imaginary victim Some people pretend to be victims and are not. This would besomeone falsifying reports.

Other criminologists developed similar typologies but included other elements. For example, Hans Von

Hentig expanded his typology from situational factors that Mendelsohn looked at and considered the role

of biological, sociological and psychological factors. For example, Von Henting said the young, elderly, and

women are more susceptible to victimization because of things such as physical vulnerabilities. It is important

to recognize that some crimes, and ultimately crime victims, are excluded in these typologies such as white-

collar and corporate crime. 4 5

Von Hentig’s Typology

Young people Immature, under adult supervision, lack physical strength and lack the mental and emotional maturity to recognize victimization

Females/elderly Lack of physical strength

Mentally ill/intellectually disabled Can be taken advantage of easily

Immigrants Cannot understand language or threat of deportation makesthem vulnerable

Minorities Marginalized in society, so vulnerable to victimization.

Dull normals Reasonably intelligent people who are naive or vulnerable insome way. These people are easily deceived.

The depressed The acquisitive

Gullable, easily swayed, and not vigilant. Greedy and can be targeted for scammers who would take advantage of their desire for financial gain.

The lonesome and broken-hearted Often prone to victimization by intimate partners. They desire to be with someone at any cost. They are susceptible to manipulation.

Tormentors Primary abusers in relationships and become victims when theone being abused turns on them.

Blocked, exempted, and fighting victims Enter situations in which they are taken advantage such asblackmail.

Von Hentig’s work was the basis for later theories of victim precipitation. Victim precipitation suggests

4. Burgess, A. W. (2013). Victimology: Theories and applications. (3rd ed.). Burlington: Jones and Bartlett. 5. Von Hentig, H. (1948). The criminal and his victim: Studies in the sociobiology of crime. New Haven: Yale University Press.

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many victims play a role in their victimization. First, the victim acted first during the course of the

offense, and second that the victim instigated the commission of the offense. 6

It is important to note that

criminologists were attempting to demonstrate that victims may have some role in the victimization and

are not truly innocent. Today we often recognize the role in victimization without blaming the individual

because ultimately the person who offended is the person who offended.

6. Smith, M., & Bouffard, L. A. (2014). "Victim precipitation." The Encyclopedia of Criminology and Criminal Justice, Wiley Online Library.

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1.15. Victim Rights and Assistance

SHANELL SANCHEZ

Definition of a Victim The CJ system refers to a victim as a person who has been directly harmed by a crime that was committed

by another person. In some states, victims’ rights apply only to victims of felonies (more serious crimes) while

other states also grant legal rights to victims of misdemeanors (less serious crimes). Some states allow a family

member of a homicide victim or the parent or guardian of a minor, incompetent person, or person with a

disability to exercise these rights on behalf of the victims. 1

The U.S. criminal justice system first introduced services for victims of federal criminal offenses during the

1980s. In the 1990s it was made law and Congress created the Victim’s Rights and Restitution Act H.R.5368.

The Act requires all Federal law enforcement agency officers and employees to make their best efforts to

accord victims of crime with the right to (1) be treated with fairness and respect for the victim’s dignity and

privacy; (2) be protected from their accused offenders; (3) notification of court proceedings; (4) attend public

court proceedings related to the offense under certain conditions; (5) confer with the Government attorney

assigned to the case; (6) restitution; and (7) information about the conviction, sentencing, imprisonment, and

release of the offender. Directs Federal law enforcement agency heads to designate the persons responsible

for identifying the victims of a crime and providing certain services to such victims such as: (1) informing

them where to receive medical care and counseling; (2) arranging protection from an offender; and (3)

keeping the victim informed of developments during the investigation and prosecution of the crime and

after the trial such as the arrest of a suspected offender or an escape of a convicted offender. 2

The state prosecutes criminal offenses in the name of society, which is why cases are Smith v. Colorado,

so victims and families were often not included in the process since they were not a necessary part of the

court system. Today we have introduced various rights and include victim-impact statements. Victim- impact statements given an account by the victim, the victim’s family, or others affected by the offense that

expressed the effects of the offense. 3

1. The National Center for Victims of Crime. (2012). Victim's rights. http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins- for-crime-victims/victims%27-rights

2. https://www.congress.gov/bill/101st-congress/house-bill/5368 H.R.5368 - Victims' Rights and Restitution Act of 1990 101st Congress (1989-1990)

3. http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/victims%27-rights

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Victim Impact Statements Video: Listen and Learn

You will watch victim impact statements that were created to help educate people on the impact of various

crimes. Warning: It is hard to watch at times and may cause you to feel upset, sad, angry, or more.

• First, watch the youtube video https://www.youtube.com/watch?v=_ghpl4vDZ3s

• Second, write a 500-word response about the benefits of victim-impact statements, the impact the

film had on you, and any other general thoughts you had while watching.

Victim Rights Today, all states and the federal government have passed laws to establish a set of victims’ rights. The main

goal of these laws is to provide victims with certain information and protections. It is important to note that

victims’ rights, just like criminal offenses, will depend on the jurisdiction where the crime is investigated and

prosecuted. The rights may vary state, federal or tribal government, or military installation. 4

Overview of Victim’s Rights Below is a list of basic victims’ rights from the National Center for Victims of Crime that are provided by

law in most jurisdictions. Again, it is important to remember these rights vary, depending on federal, state,

or tribal law.

1. Right to be Treated with Dignity, Respect, and Sensitivity

1. Victims generally have the right to be treated with courtesy, fairness, and care by

law enforcement and other officials throughout the entire criminal justice process.

This right is included in the constitutions of most states that have victims’ rights

amendments and in the statutes of more than half the states.2 Victim impact

statements allow crime victims, during the decision-making process on sentencing

or parole, to describe to the court or parole board the impact of the crime on

their lives. The victim impact statement may include a description of psychological,

financial, physical, or emotional harm the victim experienced as a result of the crime.

A judge may use information from these statements to help determine an offender’s

sentence; a parole board may use such information to help decide whether to grant

parole and what conditions to impose in releasing an offender. Many victims have

reported that making victim impact statements improved their satisfaction with the

criminal justice process and helped them recover from the crime. In some states, the

4. The National Center for Victims of Crime. (2012). Victim's rights. http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins- for-crime-victims/victims%27-rights

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prosecutor is required to confer with the victim before making important decisions.

In all states, however, the prosecutor (and not the victim) makes decisions about the

case.

2. Right to Be Informed

1. The purpose of this right is to make sure that victims have the information they

need to exercise their rights and to seek services and resources that are available to

them. Victims generally have the right to receive information about victims’ rights,

victim compensation (see “Right to Apply for Compensation,” below), available

services and resources, how to contact criminal justice officials, and what to expect

in the criminal justice system. Victims also usually have the right to receive

notification of important events in their cases. Although state laws vary, most states

require that victims receive notice of the following events:

▪ the arrest and arraignment of the offender

▪ bail proceedings

▪ pretrial proceedings

▪ dismissal of charges

▪ plea negotiations

▪ trial

▪ sentencing

▪ appeals

▪ probation or parole hearings

▪ release or escape of the offender

States have different ways of providing such information to victims. Usually,

information about court proceedings is mailed to the victim. Some states have an

automated victim notification system that automatically calls or e-mails the victim

with updates on the status of the offender, while others require the victim to

telephone the authorities to receive such updates.

3. Right to Protection

1. In many states, victims have the right to protection from threats, intimidation, or

retaliation during criminal proceedings. Depending on the jurisdiction, victims may

receive the following types of protection:

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ

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▪ police escorts

▪ witness protection programs

▪ relocation

▪ restraining orders

Some states also have laws to protect the employment of victims who are

attending criminal proceedings (see “Right to Attend Criminal Proceedings,”

above).

4. Right to Apply for Compensation

1. All states provide crime victim compensation to reimburse victims of violent

crime for some of the out-of-pocket expenses that resulted from the crime. The

purpose of compensation is to recognize victims’ financial losses and to help them

recover some of these costs. All states have a cap on the total compensation award

for each crime, and not all crime-related expenses are covered. To be eligible for

compensation, victims must submit an application, usually within a certain period of

time, and show that the losses they are claiming occurred through no fault of their

own. Some types of losses that are usually covered include:

▪ medical and counseling expenses

▪ lost wages

▪ funeral expenses

Compensation programs seldom cover property loss or pain and suffering. Also,

victim compensation is a payer of last resort; compensation programs will not cover

expenses that can be paid by some other program, such as health insurance or

workman’s compensation.

5. Right to Restitution from the Offender

1. In many states, victims of crime have the right to restitution, which means the

offender must pay to repair some of the damage that resulted from the crime. The

purpose of this right is to hold offenders directly responsible to victims for the

financial harm they caused. The court orders the offender to pay a specific amount of

restitution either in a lump sum or a series of payments. Some types of losses covered

by restitution include:

2. lost wages

3. property loss

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4. insurance deductibles

6. Right to Prompt Return of Personal Property

1. Crime investigators must often seize some of the victim’s property as evidence

for a criminal case. In most states, authorities must return such property to the

victim when it is no longer needed. To speed up the return of property, some states

allow law enforcement to use photographs of the item, rather than the item itself, as

evidence. The prompt return of personal property reduces inconvenience to victims

and helps restore their sense of security.

7. Right to a Speedy Trial

8. Right to Enforcement of Victim’s Rights

1. To be meaningful, legal rights must be enforced. States are beginning to pass

laws to enforce victims’ rights, and several states have created offices to receive and

investigate reports of violations of victims’ rights. Other states have laws that permit

victims to assert their rights in court.

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5. National Center for Victims of Crime. (2012). http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/ victims%27-rights

ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ

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1.16. "Spare the Rod, Spoil the Child" Myth/Controversy

This unit delved into theories of criminal behavior, and the previous unit sought crime control policies.

Each theory suggests an appropriate means to reduce or prevent violence. Some work and some do not.

Deterrence theories operate on the assumption that people want to minimize pain. Learning theories suggest

people may learn how to be a criminal (or learn how not to be a criminal). Disciplining children is a primary

function of the family. Many people believe it is acceptable, or even necessary, to spank their children.

Spanking is a form of corporal punishment. Why do parents spank their children? For some parents, they

spank as a form of punishment (Remember operant conditioning? It is a form of positive punishment). They

are using physical means to stop a behavior from happening again. These are ideological beliefs.

Other parents might say that they’ve been spanked as a child, and they turned out fine. This belief

reinforces the family upbringing myth. Additionally, other parents might feel pressure to discipline their

child with physical force. Some parents “think” they seem “weak” if they do not spank their child.

Furthermore, grandparents and other family members might encourage new parents to spank their children.

Please listen or read the National Public Radio’s podcast on spanking (NPR’s – “The American Academy

of Pediatrics On Spanking Children: Don’t Do It, Ever.”)

There is a difference between physical discipline and physical abuse, but it is a fine line. If you are in favor

of spanking, would you let another family member spank your child? Would you let a stranger? Why or

why not? It is not illegal to spank children in the United States, but decades of research have recommended

other methods of punishment and discipline besides physical force. At the very least, it is easy for children

to learn that violence (spanking) is an appropriate method to get what you want. Parents who spank their

children because their child “hit” another child or sibling might want to reflect on a child may learn – “I’m

going to hit (spank) you for hitting another person. Don’t hit!”

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