Victimology- test 2

T/F: all states have some form of victims rights legislation.

TRUE

T/F: laws differ from each state but all have the common goal of enhancing victims rights: victim privacy, victim protection, victim participation

TRUE

T/F: all states give all victims rights

FALSE, less than half the states give all victims rights

All states give at least some victims these rights: (4)

• right to compensation

• notification of rights

• notification of court appearances

• ability to submit victim impact statement (VIS)

define notification

keeps victims apprised of case status at various stages of the cj process

victims rights movement goals included...

increasing victim participation and consultation

right to protection

• participation In cjs may endanger victims

• many states included safety measures among victims rights (no contact orders, secure facilities, victim privacy)

right to speedy trial

ensures judge considers victims interests when ruling on continuances

T/F: about half the states provide speedy trials rights to victims.

TRUE

rights related to evidence

victims have the right to return of property taken as evidence

issues with victim rights

• some resistance to giving victims formal rights

• u.s. constitution provides protection for suspects but not victims

• some concerns that giving rights to victims will create burden on cjs

victim compensation

financial remedy for victims who suffer economic losses

T/F: not all victims are eligible for compensation

TRUE

what are some expense covered by victim compensation programs?

• medical

• mental health care

• funeral

• lost wages

• (property damage and loss NOT covered)

restitution benefits

helps restore offenders and victim to pre crime state (restorative justice)

restitution problems

offenders may lack funds, offender has to be caught first

civil litigation

allows victims to recoup uncompensated costs

civil litigation advantages

victim has control, victim can seek money for emotional harm

civil litigation problems

offender must be identified, may drag on for years, cost to victim

remedies and rights in court

victims have rights at various phases of the cjs (how police respond to victims often shapes how victims view the cjs)

victim impact statements (VIS)

written/oral statements expressing impact of crime on direct/indirect victims

• benefits: victim has opportunity to be harden court, offender hears impact of crime

victim-witness assistance programs (VWAP's)

Provide assistance to victims navigating the CJS

• It ensures that victims know their rights, have resources needed to exercise rights.

restorative justice

• victim centered

• based on belief that all parties impacted by crimes should be involved in restitution

• allows for input from offender

• victim and community members

peacemaking/sentencing circles

all parties vote and share their opinions, finds causes of behavior

victim-offender mediation programs

Face-to-face confrontations between victims and offenders in which an impartial third party serves as a mediator

benefits of victim-offender mediation programs

-Reduced fear/anxiety among victims

• high levels of victim and offender satisfaction

• offenders more likely to complete restitution

• reduced recidivism

restitution

money paid by offender to victim

victim impact panels are traditionally used with _____

DUI offenders

stand your ground laws

individuals are not required to retreat from their location prior to using force in self-defense

familicide

when a person kills multiple family members

fatality reviews

community-based programs that seek to review the circumstances of the homicide to gain a better understanding of the cause of death (child and domestic)

homicide

the killing of one human being by another

excusable homicide

accidental or unintentional killing (no guilt)

justifiable homicide

Acceptable because occur in defense of life or property

criminal homicide

the purposeful, knowing, reckless or negligent killing of one human being by another

first degree murder

murder committed with deliberate premeditation and malice

premeditation

act considered beforehand

deliberate

act planned, not on impulse

malice

person intended to cause harm

second degree murder

murder committed with malice but without premeditation and deliberation (offender intended to cause harm but murder not planned)

felony murder

the often unintentional killing during the commission of another felony

manslaughter

unlawful killing but degree of responsibility less than murder

voluntary manslaughter

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

involuntary/ negligent manslaughter

death resulting from gross negligence (ignoring the possible danger or potential harm to other people)

methods for measuring murder includes: (3)

• UCR

• Supplemental homicide reports

• national center for health statistics

Supplemental Homicide Reports (SHR)

Addition to the UCR that provides detailed information about homicides

National Center for Health Statistics (NCHS)

data comes from death certificates

what is the percentage of the vast majority of murders that occur in America?

36%

homicide weapon usage

71.5% of homicides involved firearms

homicide location

likely to occur in private dwellings or victims residence

filicide

the killing of child by parent or caretaker

infanticide

• type of filicide

• involving victim under 1 year old

parricide

the murder of ones parent

patricide

killing of one's father

matricide

killing of ones mother

eldercide

Murder involving victim 65+ years of age (family)

the proportion of elderly homicide has increased/decreased recently.

INCREASED

intimate partner homicide

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

intimate partner homicide characteristics

• most likely involves male offender/ female victim

• women offenders usually kill abusive partner

femicide

Gender-based violence- Killing of females by males because they are female.

honor killings

offender kills to protect/regain his honor, or that of family or community

victims are targeted in honor killings because of what?

their behavior, which is considered shameful or a violation of cultural or religious norms

serial murder

Series of 3+ killings by the same offender

mass murder

killing 4+ victims in one location in one incident

spree murder

killing multiple victims at 2+ operate locations with no cooling off period (kills mother, then goes to school shooting)

how does Luckenbill see homicide?

• a situated transaction

• "honor contest" with identifiable pattern of give and take, eventually resulting in death

what did Polk find relating to victim precipitation theories?

• confrontation homicides are likely to involve young males engaging in honor contest

• starts with provocation, sequential chain that may result in death

Bereavement

state of being sad after individual you cared for has passed

restorative justice efforts

Victim-offender mediation between family members of a homicide (victim and offenders)

sexual victimization

Victimization involving unwanted sexual behavior perpetrated against an individual

rape (common law definition)

unlawful carnal knowledge (vaginal penetration) of a women by a man, not his wife, by force and against her will

rape commonalities among states

• force or threat of force must be used

T/F: each state has separate legal definitions of rape

TRUE

forcible rape

offender (non-stranger) uses or threatens to use force to achieve penetration

drugs or alcohol facilitated rape

victim raped while under influence of drugs or alcohol (victim was deliberately given drugs or alcohol without their knowledge)

incapacitated rape

Victim unable to consent because of self-induced consumption of alcohol or drug, or because victim is unconscious or asleep

statutory rape

does not involve force, occurs when victim is under legal age of consent

sexual coercion

intercourse or penetration involved, different from rape because force not used

unwanted sexual contact

person is touched in an erogenous zone, but it does not involve attempted or completed penetration ( may be committed through force)

visual abuse

• non contact sexual abuse

• unwanted visual contact

verbal abuse

• non contact sexual abuse

• offender speaks or makes sound that are intentionally condescending, sexual or abusive

new definition of rape (UCR)

penetration of vagina or anus with any body part or object, or oral penetration by sex organs of another without victims consent (male and female)

T/F: females are at greatest risk to be sexually victimized during late teens and early 20's

TRUE

T/F: male victims of sexual assault are likely to be under 21 years old at highest risk

TRUE

demographic characteristics that increases sexual victimization risk (4)

• black

• unemployed

• living in urban areas

• lower socioeconomic status

risk perception

some people may be less able to identify, recognize, and respond to risk

response latency

time it takes to respond to perceived risk (women who have been victimized take longer to recognize risk than those who have not)

parity hypothesis

The idea that, to stop an incident, the victim's level of self-protection should match the offender's level of attack

what laws prohibit the use of a victims previous sexual conduct in court?

rape shield laws

what law requires federal sex offenders register a current address with cj agencies?

Megans law

T/F: most rape/sexual assault reduction programs DO NOT target college students

FALSE, targets college students (females)

Federal Victim Witness Protection Act (1982)

Guidelines for officials on how to respond to victims and witnesses

Child Victims' Bill of Rights (1990)

extended victims' rights to child victims

Anti-Terrorism and Effective Death Penalty Act

gave victims rights to make Victim Impact Statements during sentencing

where did restorative justice originate from?

canada (1970)

T/F: the right to be treated with dignity and respect is given by all states.

FALSE

T/F: pain and suffering can have a price tag.

TRUE

T/F: restorative justice is NOT an adversarial process

TRUE

Nationally, has intimate partner violence increased or decreased recently?

decreased

reasons for failure to report rape (4)

• fear of offender

• keep event private

• lack of acknowledgment

• suspicious of police