Chapter 14 - Victims & The Law

The golden age of the victim: The Golden Age of the Victim refers to the period of time before written law had been clearly established estimated to be near 1800-2000 BC. This was the same period of time when Hammurabi's Code emerged. During this historical epoch, tribal law ruled the day and victims of crime played a major role in deciding on what punishment would be given to someone found guilty of harming them or their property. This was a time when the only solution to criminal actions was direct retribution from victim to accused.

After learning about the Golden Age of the Victim, do you think victims of crime today should have more of a direct voice in the punishment decisions made for those accused of committing crimes against them? Yes or no AND please detail your answer. Yes because victims often have the most intimate understanding of the harm caused by a crime and how it has affected their lives.

The dark age of the victim: The Dark Age of the Victim refers to the period during the middle ages (1500) through to the 1900s where during this time the state (government) assumed total responsibility for handling crime and allowed no input from victims. It was this point in time where crime was not considered to be committed against an individual but against the state (government). Victims of crime were viewed merely as pieces of evidence in criminal matters and were not involved in any decisions.

The reemergecne age: Starting from the mid 1900's victims were, to some degree, rediscovered. This was a time where different sociological theories were being discussed relating to the circumstances and characteristics of individual victims of crime such as age, race, gender and socio-economic background. In the latter part of the 1900's there was a legal shift in how victims of crime were to be treated both at the federal and state government levels which resulted in the creation of numerous laws designed to protect victims and their rights.

According to the video on victim's rights, which of the following is NOT a part of what a victim is entitled to participate in? Interrogation

Strict liability theory: asserts that victims of crime are due compensation because the social contract between society and the victim has been damaged due to the experience of being victimized.

According to the video on The Social Contract Theory, which of the following is one of the most often cited examples of the social contract in America? The Constitution of the United States

Government Negligence Theory: asserts that harm to the victim was a result of the negligence of the government in failing to protect the victim and, therefore, should compensate the victim appropriately. 

Equal Protection Theory: asserts that victims of crime should receive compensation to make amends for the broad imbalances in society that create different levels of social conditions, in turn,  creating different levels of risk based on factors such as economics, race and gender. 

Humanitarian Theory: asserts that victims of crime should be compensated to help alleviate their suffering. 

Social Welfare Theory: asserts that victims of crime should be compensated if they have such a need. 

Crime Prevention Theory: asserts that by having victim compensation programs in place, they act as a motivator for people to report crime which, in turn, helps improve the efficiency of law enforcement in preventing crime. 

Political Motives Theory: asserts that the concept compensating victims of crime is popular with the voting public and politicians need to support the idea in order to gain public office.

Choose one of the theories about compensating victims and explain why it makes the most sense to you and explain why it should be part of the compensation conversation. The Humanitarian Theory because it focuses on human dignity and the psychological recovery of victims, which traditional punitive justice systems often neglect.

Victims at Law: the person/party who has the legal authority to prosecute someone for having committed a criminal offense.  This is usually either the state or the government. 

Victims in Fact: the person/party who was on the receiving end of a criminal act, the person/party who was harmed by someone else's criminal actions.

1976 - The first victim impact sttaement is presented in court in Fresno, CA

Victim Impact Statement: information from a victim or family member of a victim used in court  during sentencing to assist the judge in making a better informed sentencing decision.  Victim impact statements are generally submitted to the court in writing prior to sentencing and can be read into the record by either the victim or the judge.  They are used to describe the harm, suffering, loss and trauma that was  experienced by the victim of the crime or by the their survivors.

Do you think victim impact statements should have an effect on a sentence given to a convicted offender? Yes or no AND detail your answer. Yes because victim impact statements provide the victim’s perspective on the crime and its aftermath, including emotional, psychological, and physical effects.

1980:

• founding of mothers against drunk driving

• The first crime victim’s bill of rights passed in wisonsin

According to the Wisconsin Statutory Rights for Justice Victim's Bill of Rights link, which of the following is NOT a right of a crime victim? To confer directly with the offender during relevant proceedings.

1982 - Congress passes The Federal Victim & Witness Protection Act.

1983 - Department of Justice (DOJ) creates the Office for Victims of Crime (OVC) to carry out recommendations from the President’s task Force

1984 

• The Victims of Crime Act (VOCA) is enacted & created the Crime Victims Fund from funds from federal criminal penalties and fines to support state victim service and compensation programs 

• The National Minimum Drinking Age Act goes into effect

The headquarters for the National Center for Missing and Exploited Children is located in? Alexandria, VA

1986 - 35 states have created victim conpensation programs 

1987 - To promote awareness on our nation's campuses about victimization and crime, Security on Campus, Inc. is created.

1988 - The Federal Drunk Driving Prevention Act  passes and raises the minimum drinking age to 21

Do you think the minimum drinking age should be 21 nationwide? Yes or no AND you must detail your answer. Yes because the brain continues developing into a person's mid-20s, and alcohol consumption during this period can negatively impact cognitive development, memory, and decision-making abilities.

1990 - The Hate Crime Statistics Act is passed by Congress that requires the collection of data for crimes that are motivated by racial, religious, ethnic or sexual orientation prejudice/bias

1991 - The U.S Supreme Court reverses its' prior decision in Payne v Tennessee and rules that testimony and arguments by the prosecution on behalf of the victim’s good character & victim impact statements is not a violation of the defendant’s constitutional rights

1992 - anit-stalking legislation is passed in 28 states

1993 - The "Brady Bill" is signed by President Clinton which requires a waiting period for people making handgun purchases

Which event caused the creation of the Brady Bill? Assassination attempt on President Ronald Reagan

1994

• As part of the Violent Crime Control and Law Enforcement Act, President Clinton signs a comprehensive package of federal victims’ rights legislation includes: 

  • Violence Against Women Act

  • Enhanced VOCA funding 

  • Enhanced sentences for drunk drivers with child passengers 

  • Establishment of a National Child Sex Offender Registry

1996

• "Megan's Law", The Community Notification Act, provides for notifying  communities of the location of convicted sex offenders.

• The National Domestic Violence Hotline is created to provide crisis intervention capabilities

According to the video on Megan's Law, which of the following are a result of that legislation? Requires law enforcement to release registered sex offender information to the public

1997 - Congress enacts a federal anti-stalking law

1998 - The Higher Education Amendments of 1998 is enacted which was designed to address illegal alcohol consumption and binge drinking on college campuses

2001 - The U.S. Congress responds to the 9/11 terrorist acts with a new set of laws to provide tax relief, compensation, funding for new services & civil claims as part of the Air & Transportation Safety & System Stabilization Act & the USA Patriot Act of 2001

2002 - All 50 states, District of Columbia, US Virgin Islands, Puerto Rico, & Guam have established crime victim compensation programs

2004 - U.S. Congress passed the strongest federal crime victims’ legislation in nation’s history after failure to approve a Federal Constitutional Amendment; H.R. 5107, The Justice For All Act of 2004, strengthens the rights of victims of federal crimes and provides enforcement and remedies when there is failure to comply