Victimology Test 2

Definition of Hate Crimes

when victims are targeted because of their qualities, NOT because of what they can provide in terms of services, work, or sex

• offender wants to attack out of hate/bias

  • also known as bias crimes

Civil Rights Act (1964)

first federal legislation against hate crimes

• outlawed unfair employment practices based on race, sex, nationality, or religion

Crime Statistics Act

• required the release of information on bias-motivated crimes

• puts responsibility on agencies to collect data on hate crimes

Hate Crimes Prevention Act (2009)

• extended protection against bias toward sexual minorities

What state was the first to successfully target hate crimes?

California in 1978

Hate Crime Charges

in order to be charged with a hate crime, there must be:

• evidence that a crime was committed against an individual or property as a result of prejudice or bias including:

  • sex

  • gender identity

  • disability

  • nationality

  • religion

  • sexual orientation

  • race

Indiana Hate Crime Law

Senate Bill 198 (2019)

• If a crime is committed with the intent to harm or intimidate an individual/group because of a certain perceived or actual characteristic of the individual/group

• The defendant may be subjected to a increased punishment

Limitation of Senate Bill 198

the law does not list the protected categories

Thrill-Seeking Hate Crime Offender

• typically, groups of teens not associated with any formal hate group

• engage in hate crimes for a variety of reasons

  • attempt to gain psychological/social thrill

  • desire for acceptance

  • bragging rights

Reactive Hate Crime Offender

• have a sense of entitlement concerning their rights/lifestyle that does not extend to the victim

• typically do not belong to a formal hate group

• commit hate crimes to send a message to the victim/community

Mission Hate Crime Offender

• may suffer from a mental illness (psychosis)

  • requires psychological assessment

• may experience hallucinations and inability to reason

  • reasonable person standard

• may believed they received a message from a higher power to rid the world of “evil”

Impact of Hate Crimes

• feeling isolated and vulnerable

• breakdown of family relationships

  • role of cultural traditions/gender roles

  • “becoming a statistic for the community”

    • perpetuating stereotypes

• feeling angry, shameful, frustrated

• feelings of depression, anxiety, suicidal behaviors

• having a sense of self blame

  • blaming/lower empathy for fellow victims

• loss of faith in the police and criminal justice system

• suffering emotional/mental stress

• communal vicarious trauma

Terrorism

the unlawful use of force or violence against persons/property to intimidate/coerce a government or civilian population in furtherance of political or social objectives

Domestic Terrorism

• Occurs primarily within the territorial jurisdiction of the U.S.

  • violates state and federal law

  • Example: Oklahoma City bombing

International Terrorism 

• Occur primarily outside the territorial jurisdiction of the U.S., or transcends national

  • violates state and federal law

  • Example: 9/11

Domestic Terrorism Motivations

• political

• social

• religious

International Terrorism Motivations

• geopolitical

• religious extremism

• economic inequality

Domestic Terrorism Victims

• institutions

• symbols

  • statues

  • monuments

  • memorials

International Terrorism Victims

• people (at specific locations)

Coordination of Domestic Terrorism

• individuals

• small groups

Coordination of International Terrorism

• more structured

• hierarchy

Response to Domestic Terrorism

• handled with local law enforcement and FBI collaboration

Response to International Terrorism

• handled by the FBI

Cyberterrorism

• Includes any conduct that causes

  • Loss of at least $5,000 during a one-year period to one or more persons

  • Modification of impairment or potential modification of impairment of the medical examination, diagnosis, treatment, or care of more than one individual

  • Physical injury to any person

  • Threat to public health/safety

  • Damage affecting computer systems used by or for a government entity or the administration of justice, national defense, or national security

Cyberterrorism Recruitment

• known to use videos, comic-book style propaganda, and games to incentivize children to join

• known to recruit around the world via the internet

  • focuses on spreading education on organizations’ mission/purpose in a range of languages

How are most terrorism incidents perpetrated?

• Firearm (50%)

• Bombings (over 1/3)

Where do most terrorist incidents occur?

• Middle East, South Asia, and sub-Saharan Africa

Consequences of Terrorism

• Fatalities

• Severe PTSD

  • Anxiety Disorders

  • Major Depression

  • Panic Disorders

  • Agoraphobia

• Physical injuries and life-long injuries

• Feelings of familial revenge

• Loss of appetite

• Gastrointestinal problems

• “Survivor’s guilt”

  • Difficulty in finding others who relate

Legislative Responses to Terrorism in 1980s

• Hostage Relief Act of 1980

• Victims of Terrorism Compensation Act (1986)

What Legislative Response what enacted in 1990?

Aviation Security Improvement Act

Legislative Responses to Terrorism in 2001

• Victims of Terrorism Tax Relief Act

• Air Transportation Safety and System Stabilization Act

Sexting

the transmission of images including nude or semi nude photographs

• can occur using a range of mediums, including computers, phones, and/or tablets

Federal Sexting Legislation

• 27 states have sexting legislation

  • IN is one of them

• there is NO federal legislation existing

  • there has been some fight toward including legislation—specifically for revenge porn

Indiana Sexting Laws

applies to a person to whom ALL of the following apply:

• person is less than 18 years of age

• person is not more than 4 years older than the individual who is depicted in the image/received the image

• the relationship between the person and the individual who received the image/depicted in the image are/was in a dating/ongoing personal relationship

  • excludes family relationship

• the individual receiving the image/depicted in the image acquiesced to the person’s conduct

commits indecent display by a youth = Class A misdemeanor

Consequences of Sexting

• symptomology: emotional abuse and psychological distress

• Individual may feel pressure to engage in sexting

  • ultimatums in relationships

  • coercion/gaslighting

  • depression, anxiety, sleep problems, compulsive sexual behavior

Revenge Porn

revealing sexually explicit images or videos of a person posted on the internet

• typically by a former sexual partner w/o the consent of the subject and to cause them distress or embarrassment

  • often following a breakup

Indiana’s Revenge Porn Laws

• distribution of an intimate image

  • criminal

• nonconsensual pornography

  • civil

Cyber Stalking

using the internet, cell phone, and/or other electronic devices to spread false accusations, threats, identity theft, damage to data/equipment, solicitation, or do other repeated offensive behaviors

• both men and women can experience

  • women ages 18-30 are at the highest risk

  • 21.5% who reported stalking also reported cyberstalking

  • most perpetrators know their victim

Two Methods of Cyberstalking

• lower level:

  • blogs

  • emails

  • IMS

  • text messages

• higher level:

  • spyware

  • listening devices

  • digital cameras

Consequences of Cyberstalking

• anxiety

• changes in appetite

• changes in sleeping patterns

• fear of safety

• nightmares

• paranoia

• elevated feelings of stress

Cyberstalking: Sextortion

occurs when an individual is threatened with the release of private and sensitive information unless sexual favors, nude photos, or other demands are met

• there is NO sextortion legislation

  • crime is sentenced under cyberstalking laws

    • Problem: sextortion might not be repreated which would then no be considered stalking

Other forms of Cybercrime

• hacking

• identity theft

• malware victimization

Cyber victimization impacts what % of students?

36.5%

• 26% indicating they have experienced multiple types of cybercrime

Child Pornography Definition

any visual depiction—including any photograph, film, video, picture, computer-generated image/picture, whether made by electronic, mechanical, or other means—that features sexually explicit conduct of a minor

Child Pornography Federal Statutes

• 2252: Child Pornography

• 2252A: Sexual Exploitation of a Minor

• 2252B: Obscene visual representation of the sexual abuse of a child

  • snuff films included

Possession of Child Pornography Sentencing

• First offense

  • 10 years

• Subsequent Offense

  • 20 years

Mailing, Transporting, Receiving, or Possession with the intent to sell Sentencing

• First offense

  • 20 years

• Subsequent offense

  • 40 years

Cybervoyeurism

using a child’s webcam to view them when they are undressed or when they are engaging in sexual activity

• expectation of privacy

Cyberexhibitionism

refers to an adult displaying their genitals to a child via the internet

• Omegle

Child Pornography Offender Characteristics

96.8% were U.S. citizens

• Average age: 42 years

• 99.7% male

• 81.3% white

• 72.9% had little or no prior criminal history

Averages of Child Pornography Sentences

99.3% of child pornography offenders were sentenced to prison; average sentence being 102 months

• Typically more harshly sentenced

  • clearer evidence leading to a stronger case

• Average for:

  • Trafficking: 133 months

  • Receiving Child Pornography: 95 months

  • Possession: 74 months

Misdemeanors

up to one year in jail

• Class A (first degree)

• Class B (second degree)

• Class C (third degree)

Felonies in IN

• Homicide (stand-alone category)

• Level 1 (highest

• Level 2

• Level 3

• Level 4

• Level 5

• Level 6 (lowest)

Legal Factors

case and incident characteristics that are expected to influence criminal-legal decision-making

• Example

  • Incident Seriousness

  • Strength of Evidence

    • Witness presence

    • Physical evidence

  • Victim Injury

  • Victim Cooperation

  • Suspect Weapon

Extra-Legal Factors

nonlegal elements that affect legal processes, decisions, or outcomes in the criminal justice system

• encompass social, cultural, economic, and personal considerations

  • Victim’s Age

    • legal factor when minor

  • Suspect’s Age

    • legal factor when minor

  • Victim/Offender Relationship

  • “Risk-taking behavior”

  • Victim Credibility

  • Victim Substance Use

Trauma-Informed Approaches

recognize the impact of trauma on victims and seek to minimize re-traumatization

• emphasize safety, trust, choice, collaboration, and empowerment for victims of crime such as:

  • Sexual Violence

  • IPV

  • Human Trafficking

  • Child Abuse

    • child forensic interviewers