Chat with us, powered by LiveChat Explain victims' rights and challenges (see Right to Protection, Right to Speedy Trial, Rights Related to Evidence, Issues with Victims' Rights, pp. 102 - 1 - EssayAbode

Explain victims’ rights and challenges (see Right to Protection, Right to Speedy Trial, Rights Related to Evidence, Issues with Victims’ Rights, pp. 102 – 1

 Book: Leah E. Daigle and Lisa Muftić: Victimology – A Comprehensive Approach, Second Edition. ISBN 9781544344126. Sage Publishers. 

 

Please complete a 650 to 750-word (2) review of the assigned weekly readings.  Answer at least three questions below. You must select the questions from at least two different chapters! You will be graded for quality and a critical appraisal of the issue(s) in the chapters.

This class is oriented on a ‘Monday-Saturday’ schedule.  You should post your original weekly chapter review to the Discussion board no later than Friday at 11:59 p.m. Responses to your classmates may be made after your original post has been submitted. Responses to your classmates must be completed no later than Saturday at 11:59 p.m. each week a reading response assignment is due. Late submissions will not be graded. For each topic’s reading response, there are TWO due dates; the first due date is Friday when original posts are due, and the second due date is Saturday when all responses to peers are due. Each student must respond to at least one classmate but may respond to more than one if desired. You must submit your own weekly reviews before you can comment on your peers' weekly reviews. In your comment, you should address some critical issues raised by your colleague in a paragraph (three to four sentences). “I enjoyed reading your post,” is not a relevant comment! Your comments are worth 20 points.

Week 1: Questions (Chapters 6, 7, and 8): 

Answer three questions (below) from any chapter of your choice. You can write up to three pages (maximum) or one-and-a-half pages (minimum).

Chapter 6: Victims’ Rights and Remedies

Victims of crime suffer physically, emotionally, and financially. Are they left to recover on their own, or are there services available to them? Who has the responsibility to help crime victims? The federal and most state legislatures in the U.S. have passed victims’ rights laws to enhance victim privacy, protection, and participation (Garvin, 2010). Victims have some rights under the law in all states, ranging from the right to be notified of court and parole hearings, the right to be present and express opinions at sentencing hearings, the right to be consulted about plea agreements, the right to compensation and restitution, and the right to a speedy trial. However, victims of crime still face challenges in exercising their rights.

Questions:

1) Explain victims’ rights and challenges (see Right to Protection, Right to Speedy Trial, Rights Related to Evidence, Issues with Victims’ Rights, pp. 102 – 104).

2) Victims who suffer financial losses can apply for financial compensation from the state, receive restitution from the offender, or seek a civil remedy. Explain any two victim-compensation programs: victim compensation, restitution, and civil litigation (see pp 108 -111).

3) The restorative justice movement believes that reducing crime is not only by punishing the offender or following a strict adversarial system that sets the defendant against the state. Instead, all parties impacted by crime should dialogue to resolve crime and victimization issues. Discuss restorative justice (pp. 115-116) or Victim-Offender Mediation Programs (pp.117 – 118).

Chapter 7: Homicide Victimization

Homicide is defined as the killing of an individual by another. It is subdivided into excusable, justifiable, and criminal homicide. Excusable homicide involves an accidental or unintentional killing. Guilt is not a factor in this case. Justifiable homicide includes killings in defense of property or life. This situation applies to law enforcement and private citizens. Criminal homicide is the purposeful (intentional) or negligent killing of one human being by another. Criminal homicide can be divided into first-degree murder (premeditated and malicious), second-degree murder (malicious but not premeditated), felony murder (a homicide committed during the commission of a crime), and manslaughter (the unlawful unintentional killing of another human being). There are two classifications of manslaughter, voluntary and involuntary. Voluntary Manslaughter is killing with intent but without premeditation. Involuntary Manslaughter is causing a death unintentionally. Generally, this is the result of recklessness or criminal negligence.

First-degree murder or homicide is the most severe crime that one can commit.

Questions:

1) Explain at least three types of homicide victimization: Filicide, Eldercide, Intimate Partner Homicide, Femicide, and Honor Killings (see pp. 136 – 141).

2) Discuss the legal and community responses to homicide victimization (see Police Responses, Court Responses, and Community Responses (pp. 146 – 148).

Chapter 8: Sexual Victimization

Sexual victimization involves sexual behavior committed against an individual. Sexual assault includes forcible rape, drug or alcohol-facilitated rape, incapacitated rape, statutory rape, sexual coercion, unwanted sexual contact with force, and visual and verbal abuse. According to the National Intimate Partner and Sexual Violence Survey (NISVS), almost 1 in 5 women had been raped in their lifetime. Men also experienced rape but at a lower level. One in 71 men (or 1.4%) have been raped during their lifetime. Other agencies that measure sexual assault in the U.S. include the Uniform Crime Reports (UCR)/National Incident-Based Reporting System (NIBRS) by the FBI, the National Crime Victimization Survey (NCVS) by the U.S. Census Bureau, the National Violence Against Women Survey (NVAWS), the National College Women Victimization Survey (NCWSV), the National Study of Drug or Alcohol Facilitated, Incapacitated, and Forcible Rape, and the Association of  American Universities Campus Climate Survey on Sexual Assault and Sexual Misconduct.

Questions:

1) Certain risk factors place a person at higher risk of sexual victimization. Females are more likely to be sexually victimized than are males. Age, socioeconomic status, where a person lives, and lifestyle/routine activities theory relate to sexual victimization. Discuss. (See Risk Factors and Characteristics of Sexual Victimization, pp. 162 – 163).

2) There are many physical, emotional, psychological, behavioral, and relationship effects caused by rape and sexual victimization. There are also financial costs associated with rape. Discuss. (See Consequences of Sexual Victimization, pp. 168 -169).

3) Explain programs that can be designed to reduce the occurrence of rape and sexual victimization (see Prevention and Intervention, p. 180).

Victims’ Rights and Remedies

Chapter 6

1

Victims’ Rights

Once essentially ignored by the criminal justice system and the law, victims are now granted a range of rights

The first such law that guaranteed victims’ rights and protections was passed in Wisconsin in 1979; now, every state has at least some form of victims’ rights legislation

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

2

2

Common Victims’ Rights Given by State

Slightly less than half of U.S. states give all victims rights

In all states, the right to compensation, notification of rights, notification of court appearances, and ability to submit victim impact statements before sentencing are granted to at least some victim classes

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

3

Notification

The right to notification allows victims to stay apprised of events in their cases

In some jurisdictions, victims have the right to be notified when their offender is arrested and released from custody after arrest, such as on bail

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

4

Participation and Consultation

One of the overarching goals of the victims’ rights movement was to increase participation and consultation by victims in all stages of the criminal justice system

Another way victims may participate is by consulting with judges and/or prosecutors before

Any plea bargains are offered

Bail is set

Consultation may also occur before an offender is paroled or sentenced

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

5

Right to Protection

Victims may also need protection as they navigate the criminal justice process

Victims may be fearful of the offender and the offender’s friends and family

Participation in the criminal justice system may, in fact, endanger victims

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

6

Right to a Speedy Trial

This right given to victims ensures that the judge considers the victim’s interests when ruling on motions for continuance

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

7

Rights Related to Evidence

Crime victims have the right to have any of their property that has been taken as evidence returned to them

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

8

Issues With Victims’ Rights

Many states do not have specific enforcement strategies in place in their victims’ rights legislation

For victims, although they are given rights on paper, there is little they can do if their rights are not protected

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

9

Federal Law

The first such piece of legislation passed was the Federal Victim Witness Protection Act (1982)

This act mandated that the attorney general develop and implement guidelines that outlined for officials how to respond to victims and witnesses.

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

10

Victim Compensation

One way victims can receive financial compensation for their economic losses is through state-run victim compensation programs

It also required that states provide mental health counseling and that victims of domestic violence as well as drunk driving be covered

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

11

Restitution

Restitution is money paid by the offender to the victim

Restitution is made by court order as part of a sentence–the judge orders the offender to pay the victim money to compensate for expenses

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

12

Civil Litigation

Victims may pursue civil litigation against the offender

Persons can seek money for emotional as well as physical harm

Liability must be proved by a fair preponderance of the evidence, not beyond a reasonable doubt, which is the standard of proof in the criminal justice system

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

13

Victim Impact Statements

Victim impact statement (VIS) can be submitted by direct victims and by those who are indirectly impacted by crime, such as family members

Not all victims utilize the right to make a VIS

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

14

Victim/Witness Assistance Programs

Victim/witness assistance programs (VWAPs) provide victims with assistance as they navigate the criminal justice system

These programs are designed to ensure that victims know their rights and have the resources necessary to exercise these rights

At their heart, however, is a goal to increase victim and witness participation in the criminal justice process

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

15

Family Justice Centers

Because crime victims often need a variety of services, family justice centers are designed to provide many services in “one stop”

These centers often provide counseling, advocacy, legal services, health care, financial services, housing assistance, employment referrals, and other services

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

16

Restorative Justice

The restorative justice movement was an outgrowth of the attention given to the need for victims’ rights and also the pushback from adoption of a crime-control model exclusively focused on punishment

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

17

Restorative Justice

Family or community group conferencing: the victim, offender, family, friends, and supporters of both the victim and offender collectively address the aftermath of the crime, with the victim addressing how the crime impacted him or her, thus increasing the offender’s awareness of the consequences of the crime

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

18

Victim Impact Panels

In these panels, offenders are sentenced to attend a session where victims, family members, and loved ones discuss the effects that the DUI have on them

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

19

Victim Impact Panels

Attending the victim impact panel reduced the likelihood of rearrest at a 12-month follow-up

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

20

,

Homicide Victimization

Chapter 7

1

Defining Homicide

Homicide:

General term referring to “the killing of one human being by another”

Three types of homicide:

Excusable

Justifiable

Criminal homicide/murder

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

2

Excusable Homicide

Defined:

Accidental or unintentional killings

No guilt involved

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

3

Justifiable Homicide

Justifiable homicide occurs in defense of life or property

FBI defines as being restricted to “the killing of a felon by a peace officer in the line of duty,” or “the killing (during the commission of a felony) of a felon by a private citizen”

What is an example?

Stand your ground laws and the castle doctrine

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

4

Criminal Homicide

Criminal Homicide

Defined as “the purposeful, knowing, reckless, or negligent killing of one human being by another”

There are four subtypes of criminal homicide

First-degree murder

Second-degree murder

Felony murder

Manslaughter

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

5

First-Degree Murder

First-Degree Murder:

Murder committed with deliberate premeditation and malice

Three elements of first-degree murder:

Premeditation: the act was considered beforehand

Deliberation: the act was planned after careful thought (not on impulse)

Express malice: actual malice

Implied/constructive malice: when death occurs due to negligence rather than intent

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

6

First-Degree Murder

Example of implied malice:

Leaving a child alone due to unavailable child care and child dies from an accident

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

7

Second-Degree Murder

Murder committed with malice, but without premeditation and deliberation

In other words, offender intended to cause harm, but the murder was not planned

Example:

Husband comes home early and finds wife is having an affair

Husband grabs handgun from closet and shoots and kills both

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

8

8

Felony Murder

Often unintentional killing during the commission of another felony

This type of murder is usually considered first-degree murder

Example: Hitting someone in the head during a robbery and the person dies

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

9

Manslaughter

An unlawful killing, but degree of responsibility is less than for murder

Voluntary manslaughter: intentional infliction of injury that is likely to and actually does cause death

Example: Using excessive force in self-defense

Involuntary/negligent manslaughter: death resulting from gross negligence

Ignoring the possible danger or potential harm to other people

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

10

Measurement and Extent of Homicide Victimization

In the United States, homicide victimization data are not collected through victimization surveys

Three sources to collect homicide data

Uniform Crime Reports

Supplemental Homicide Reports

National Center for Health Statistics

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

11

Uniform Crime Reports (UCR)

Includes both aggregate murder rates and clearance rates for murder

In 2012, the rate of homicides was 4.7 per 100,000 people

Murders constitute about 1% of all violent index crimes reported to police

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

12

12

Supplemental Homicide Reports (SHR)

Provide case-specific information for each murder reported in the UCR

Includes demographic information of victims and offenders (if caught), weapon used, and situational information

One of the few sources of official data that provide detailed information on crime victims

Males, young, and intra-racial (same-race/ethnicity)

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

13

National Center for Health Statistics (NCHS)

Another source of nationwide mortality data collected since the early 1930s

Data are collected from death certificates that are forwarded to the Vital Statistics Division of the NCHS by coroners and medical examiners

While all types of deaths are reported, there are specifics codes for homicides (justifiable vs. criminal homicides)

Vast majority of deaths (68%) classified as homicides in 2010 involved a firearm

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

14

14

Homicide Victimization Across the Globe

Homicide victimization is one of the few types of criminal victimization that can be compared across countries

Source of International Homicide Victimization Data?

United Nations Office on Drugs and Crime

World Health Organization

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

15

Homicide Victimization Across the Globe

World Health Organization (WHO)

Mortality data are collected for 120 countries from individual death certificates and reported in aggregate form annually by the WHO

There is no distinction made between intentional and unintentional homicides

War-related casualties versus homicides make comparisons hard over time

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

16

Risk Factors for and Characteristics of Homicide Victimization

Risk for homicide victimization is not evenly distributed among the population

Your risk is dependent upon a number of characteristics

Sex

Age

Race

Urbanity and socioeconomic status

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

17

Risk Factors for and Characteristics of Homicide Victimization

Socio-Demographic Characteristics

Sex (males both as victims and offenders)

Age (between the ages of 18 through 24)

Race (overwhelmingly intra-racial event)

Urban (higher rate) and socioeconomic status (family income increase, victimization decrease)

Victim–offender relationship

Most homicides involve people who knew each other

One third of female homicides are killed by husband or boyfriend

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

18

18

Risk Factors for and Characteristics of Homicide Victimization

Incident Characteristics

Weapon usage

Used in about 71% of homicides

Most common firearm used in homicides are handguns

Circumstance

2 of 5 murders are because of arguments

40% circumstance is unknown

1 of 4 murders during rape, robbery, or burglary

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

19

Risk Factors for and Characteristics of Homicide Victimization

Incident Characteristics

Location

Private dwellings

Substance use

Murderers and victim likely to have consumed alcohol, drugs, or both

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

20

Types of Homicide Victimization

Filicide: killing of a child by a parent or a caretaker

Infanticide: homicides in which the victim is under 1 year of age (type of filicide)

Parricide: murder of one’s parent–includes patricide and matricide

Eldercide: murder that involves a victim who is 65 years of age or older

Intimate partner homicide: homicide involving spouses, ex-spouses, persons in current or de facto relationships, boyfriends or girlfriends, or partners of same-sex relationships

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

21

Types of Homicide Victimization

Femicide: gender-based violence

Diana Russell

“The killing of females by males because they are female”

Honor killings: committed with the idea that the perpetrator is protecting or regaining his honor, or that of the family or community

The National Criminal Records Bureau of India

Sex, age, and motive

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

22

Types of Homicide Victimization

Homicides involving multiple victims

Serial murder

Mass murder (4 or more victims in one location, in one incident–Aurora, Colorado movie theater)

Spree murder (killing of multiple people at two or more locations with no break)

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

23

Victim Precipitation Theories

Explain how an individual’s behavior may contribute to his or her own victimization

Many homicides involve some degree of victim precipitation

The victim may have been the first person to use physical force or start the violence that eventually resulted in his or her own death

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

24

Indirect (Secondary) Victimization

Most often applies to close family and friends of the primary homicide victim

Witnessing the murder of your mother at the hands of her husband

Can also be applied to individuals who witness a homicide and professionals who, because of their occupation, deal with a homicide’s aftereffects

Law enforcement

Bereavement counselors

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

25

Consequences of Homicide

Bereavement: state of being sad after an individual you have cared for has passed

Additional stressors

Death or casualty notification

Family members of the deceased are notified of their loved one’s passing

Involvement in the criminal justice system

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

26

26

,

Sexual Victimization

Chapter 8

1

What Is Sexual Victimization?

Encompasses victimizations of people that involve sexual behavior

Wide range of behaviors from videotaping to forced penetration

Physical injury and psychological trauma are included in effects of victimization

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

2

2

Rape

Original definition

“Carnal knowledge”

Forced and nonconsensual vaginal penetration of a woman who was not married to the perpetrator

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

3

Rape

Current definitions–include males and females as victims and most states have withdrawn the exclusion of husbands as perpetrators

Common indicators of rape

Nonconsensual contact between genital, anal, or oral areas of a victim and genital, hand, or finger of the perpetrator

Perpetrator could also use an object to penetrate victim

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

4

Different Types of Rape

Forcible rape–someone forces or threatens to use force to penetrate victim against his or her will

Drug- or alcohol-facilitated rape–a victim was deliberately given drugs or alcohol so the perpetrator could commit the act of rape

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

5

Different Types of Rape

Incapacitated rape–occurs when a victim is violated after self-induced alcohol or drug intoxication

Statutory rape–occurs when someone has sex with a person under the legal age of consent, even if that person may have consented to the act

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

6

Sexual Victimization Other Than Rape

Sexual coercion

Penetration with penis, mouth, tongue, or object

Perpetrator does not use force, rather uses emotional or psychological tactics to sexually victimize an individual

Promising reward, pressuring for sex

Unwanted sexual contact

Penetration not an element

A person is touched in an erogenous zone, but it does not involve penetration (e.g., touching or groping)

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

7

Sexual Victimization Other Than Rape

Noncontact sexual abuse

Visual abuse–sending pornographic images to the victim

Verbal abuse–sounds intentionally abusive in sexual manner

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

8

Measurement and Extent of Sexual Victimization

UCR

2016–41.2 per 100,000 persons in the United States

NCVS

Rape and sexual assault

2016–323,450 rapes and sexual assaults

Rate of 1.2 per 1,000

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

9

Measurement and Extent of Sexual Victimization

National Violence Against Women Survey

18% women and 3% men reported rape or attempted rape within their lifetimes

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

10

Risk Factors and Characteristics

Females victimized most often

Most at risk in late teens and early 20s

Males most at risk under age of 12

Demographic characteristics with heightened risk

Lower socioeconomic status

Unemployed

Black persons have higher rates

Living in urban areas

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

11

Characteristics of Sexual Victimization

Offenders

Offenders can be anyone

Most common–White male between the ages of 18 and 24 years

Perpetrated by someone known to the victim

Injury

Most victims do NOT suffer serious injury

Weapon use

In only about 11% did the offender have a weapon

Most common weapon is a firearm

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

12

Responses to Sexual Victimization

Acknowledgment

A victim may feel immediately he or she was raped

Important to label incident as rape because:

May not get help from family, friends, or professionals

Police less likely to get notified

Daigle, Victimology, 2e. © SAGE Publishing, 2020.

13