victims and offenders
CHAPTER HIGHLIGHTS
Introduction
Defining victims of crime
Centring the voice of the victim
Victims and media
A walking human headline: Dennis Ferguson
Misinformation and mistaken identities
Conclusion
INTRODUCTION
The distinction between
Victims and offenders is often perceived as clear-cut but is, in reality, more nuanced.
The terms are socially constructed and can differ between legal definitions and personal perceptions.
Referencing Walklate (2013: 79): The chapter explores who is recognized as deviant or worthy of sympathy and compassion.
The discussion pivots on the socially mediated nature of criminality and victimhood and how these concepts are defined and recognized through social processes.
The media's role in shaping societal norms and perceptions of victimhood is emphasized.
DEFINING VICTIMS OF CRIME
The online Oxford Dictionary of English outlines multiple meanings of 'victim':
A person harmed as a result of a crime or accident: e.g., victims of domestic violence.
A person deceived or tricked: e.g., victim of a hoax.
A person feeling helpless or passive due to misfortune: e.g., 'I saw myself as a victim'.
A creature sacrificed in a religious context: e.g., sacrificial victims.
However, criminal victimization is complex and context-dependent, shaped by historical and societal changes.
Prior to the 19th century, the term was predominantly linked to sacrifice or torture rather than injury or harm.
With rising fears post-9/11 and other global events, victimhood has become a more visible and essential part of public identity.
Walklate (2009) discusses how media images of victims aim to evoke empathy and compel the audience to relate personally.
Furedi (2002) notes the rise of a 'culture of victimhood', where victim identity is increasingly salient in society at large.
EXPANSION OF VICTIMHOOD
Primary Victims: Those directly impacted by a crime.
Secondary Victims: Individuals indirectly affected, such as witnesses, family members, and friends.
The trauma from crime can transcend the primary victim, affecting communities and even journalists.
Statistics fail to capture the comprehensive experience of victimization, often underreporting the harm suffered.
STATISTICAL ACCOUNTS OF CRIME VICTIMIZATION
In Australia, data sources for crime victimization are diverse and include:
National administrative records.
Household and business surveys on personal safety.
Reported police offence records.
Academic studies on victimization.
Limitations exist within data collection, notably in underreporting crimes like sexual assault and domestic violence.
Media portrayal often does not align with statistical realities, leading to discrepancies in public perception (e.g., the assumption that female victims dominate homicide cases).
THE LABELLING PROCESS: 'VICTIMS' AND 'OFFENDERS'
The media plays a significant role in determining who is labeled as a victim or an offender, often influenced by societal norms and cultural frameworks.
Discourses of victimization overlook the fluidity between victim and offender identities.
Examples:
Women who kill abusive partners exemplify the dual identity of victim/offender.
Miscarriages of justice can relabel offenders as victims, illustrated by the Central Park Five documentary.
Case Study: Peter Kleinig illustrates how a victim can become an offender in financial fraud scenarios, showing the complexities of victim-offender definitions.
Labeling can stigmatize victims, requiring sensitivity in defining and addressing their experiences.
Alternative terms such as 'survivor' are advocated to empower individuals with trauma.
CENTRING THE VOICE OF THE VICTIM
Victimology emerged post-1947 to study the plight and impact on victims.
Three approaches to victimology:
Positivist Victimology: Emphasizes objective measurement of victimization through surveys and observable suffering.
Left-Realist Victimology: Focuses on documenting victimization experiences overlooked by mainstream surveys, including white-collar crime.
Critical Victimology: Examines victimization as a result of power dynamics and institutional interactions.
Victim-centered justice reflects the increasing prominence of victims in the criminal justice system, with significant initiatives including:
Victim notification regarding case developments.
Victim impact statements (VISs) during sentencing.
Orientation services for victims in the court system.
Programs for victim-offender mediation and restorative justice.
Common principles of victim rights in Australia include respect, access to services, and protection from offenders, albeit with variable implementation across jurisdictions.
VICTIMS AND MEDIA
Media representation of crime victims can be selective, with more focus on 'ideal victims'—those perceived as innocent or deserving of sympathy (e.g., children).
Hierarchy of Victimisation (Greer 2007): Ideal victims receive disproportionate media coverage, overshadowing others deemed less sympathetic.
Case Study: Rosie Batty became an advocate against domestic violence after her son's murder, illustrating how victim narratives can influence public discourse.
Victims announcing their stories can enhance societal awareness but require careful media handling to avoid misrepresentation.
MISINFORMATION AND MISTAKEN IDENTITIES
Public and media speculation can lead to wrongful accusations and reputational damage without legal verdicts, exemplified by cases like Sunil Tripathi’s wrongful accusation during the Boston Marathon bombings.
Trial by Media: Describes how the media acts as a proxy for public opinion, often leading to unsubstantiated guilt for accused individuals, with significant consequences for victims of such media framing.
WHEN CHILDREN KILL (OTHER CHILDREN)
Cases like James Bulger's murder highlight contrasting societal and media responses to juvenile crime, emphasizing moral outrage leading to punitive measures versus rehabilitative approaches.
Legal and social responses to juvenile offenders vary internationally, with stark differences in media framing contributing to public sentiment and policy direction.
THE CULT OF CELEBRITY-CRIMINALITY
The phenomenon of 'celebrity-criminality' explores how crime can lead to notoriety, as seen in cases like Jeremy Meeks, who leveraged his mugshot into a modeling career.
The implications of commodifying crime raise ethical questions about the media’s role in glamorizing offenders.
CONCLUSION
Media framing of victims and offenders shapes public perception and policy responses, while practical constraints exist in representing their narratives equitably. The interplay of victimhood and offending reveals fluid identities shaped by societal contexts.
Victimization can be collective, extending beyond individuals to include systemic harms affecting businesses and communities.
DISCUSSION QUESTIONS
How have constructions of criminality and victimhood shifted over time?
What challenges does the criminal justice system face balancing victim and offender rights?
What benefits and risks accompany victim engagement with media?
Research the contrasting media representation of James Bulger and Silje Marie Redergård's murders and their implications.
Identify examples of individuals using media to challenge stereotypical victim/offender representations.
WORKSHOP ACTIVITY
Compare definitions of 'victim' in statistical datasets from the Australian Bureau of Statistics (ABS) with real-life self-reported experiences of victimization. Assess the implications for data collection and reporting challenges.