Crime Victims: An Introduction to Victimology Sixth Edition

1
Crime Victims An Introduction to
VictimologySixth Edition

• By Andrew Karmen
• Chapter Thirteen
• Victims in the Twenty-First Century Alternative
  Directions

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Toward Greater Formal Legal Rights Within the CJ
System

• Victim Rights Flow From
• Policies from innovative CJ system officials
• Case law
• Laws passed by city, county and state government
• Sixth Amendment vs. Seventh Amendment approach
  for victims
• National Crime Victims Rights Act (CVRA)
• Alternative to 6th Amendment revision

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Victim Rights Categories

• Zero-Sum Game Model
• Rights gained at the expense of
• 1. criminals
• 2. criminal justice system
• 3. either offenders or officials

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Toward Greater Formal Legal Rights Within the CJ
System

• 1. Rights Gained at the Expense of Offenders
• Theory is that victim rights should be at the
  expense of offenders rights
• Need to shift balance of power away from
  offenders towards victims
• See Table 13.1, page 345

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Toward Greater Formal Legal Rights Within the CJ
System

• 2. Victim Rights Gained at the Expense of the
  Criminal Justice System
• Theory based on the fact that the social system
  is partly at fault for crime in America
• State should be obligated to minimize suffering
  of victims
• Victims should be made whole again even if
  offender not captured
• See Table 13.2, page 347

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Toward Greater Formal Legal Rights Within the CJ
System

• 3. Rights Gained at the Expense of Either
  Offenders, the System, or Both
• Victim Participation in
• Bail Setting Arrangements
• Plea Negotiations
• Sentencing Hearing DecisionsAllocution
• Parole Board Appearances

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Toward Greater Formal Legal Rights Within the CJ
System

• Issues
• Do these formal rights apply to individuals who
  do not fit profile of innocent victims?
• No consequences for non-compliance with
  aforementioned victim rights
• Many countries and colonial America allowed for
  the victims to hire their own attorney to
  prosecute
• Processes result in differential handling or
  differential access to justice
• Provide advocates for victimsex. guardian ad
  litem

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Toward Greater Formal Legal Rights Within the CJ
System

• Findings of policy decision impacts
• No substantial changes in outcomes resulting from
  implementation of victim rights
• Insiders resist interference by outsiders
  (victims)
• No constitutional standing for victims, which
  prevents them from suing for damages for the
  rights being ignored or violated by CJ system
• Changes mere lip service, paper promises,
  cosmetic changes without much substance

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Towards Retaliatory Justice

• Vigilantism versus Legitimate Use of Force
• 1. Threat posed by aggressorimminent
• 2. If Offender retreatingno longer a threat, so
  deadly force not justified
• 3. Victim belief of harm reasonable
• 4. Degree of force proportionate to threat
• 5. Timing of victims action appropriate

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Towards Retaliatory Justice

• Do It Yourself Approach
• Back Alley Justice
• Curbstone Justice
• Street Justice
• Frontier JusticeLynching
• VIGILANTISMoften arises as a response to
  victimization

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Towards Retaliatory Justice

• Vigilantism vs. Legitimate Use of Force in
  Self-Defense
• Four rationales shaping self defense statutes
• Punitive rationale
• Rationale of necessity
• Individualist rationale
• Social rationale

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Towards Retaliatory Justice

• Would Victims be better off if armed?
• 1990s31 states passed concealed handgun lawsno
  felons or mentally ill
• Potential presence deters criminals
• Notice of weapon abort crime from occurring
• Allow victim to thwart criminal intentions
• Could capture and hold offender for police
• Increase victims odds of survival in a life or
  death struggle
• Many believe this is why crime decreased in 90s

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Towards Retaliatory Justice

• Table 13.3, page 357 Justifiable Homicides by
  Crime Victims and Police, 1988-2004
• Retaliation appeals to many Americans
• 1990 survey showed 1/4-1/3 approved, while 61
  said NO
• Criminals can be vigilantes also
• Gang Shootings, Mafia Hit Men
• Klu Klux Klan and Neo Nazi claim goal is to rid
  society of undesirables

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Towards Retaliatory Justice

• Gun Control Advocates Claim
• Provides false sense of security
• Homicides in homes77 by spouse/family
• Highest risk of being shot and killed in homes is
  with homes of one or more handguns
• 1997 studyGuns used in 17,500 suicides (60)
  versus 13,500 homicides (67)
• Greatest threat comes from within the home
• Risk outweighs the advantages

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Towards Retaliatory Justice

• Transforming victims into offenders and offenders
  into victims is not the solution to the crime
  problem. There are too many offenders already.
  We dont need victims to become offenders through
  retaliatory violence!
• Author

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Toward Restorative Justice Peacemaking

• Restorative JusticeDraws upon non-punitive
  methods of peacemaking, mediation, negotiation,
  dispute resolution, conflict management and
  constructive engagement. Embraces themes of
  victim rights movement.
• Retributive JusticeState centered, offender
  focused, punishment oriented rather than injury
  centered and victim focused.

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Toward Restorative Justice Peacemaking

• Peacemaking CirclesNorth American tribal culture
  developed a consensus about how to restore
  harmony to afflicted individualsparticipation by
  system representatives, neighbors, community
  groups, religious groups
• Family Group CounselingMaori, New Zealand
  culture where offenders describes ordeal to
  relatives, friends, and neighbors and victim
  explains impact of crime upon him
• Group determines the appropriate sanctions in
  both of these methodologies

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Toward Restorative Justice Peacemaking

• Alternative Dispute Resolution (ADR)
• Mediationdirect negotiations between disputants
• Conciliationgo-between facilitates flow of
  information between disputants
• Arbitrationneutral fact finder called in to
  break deadlocks and imposes a fair, final, and
  legally binding decision

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Restorative Justice

• History of resolving conflict
• Multi-door courthouses
• Neighborhood justice centers
• Moot Model of Informal Justice
• Guilt/innocence right/wrong Non-issues
• Goal was to reconcile parties
• Repair neighborhood rifts
• Philadelphia and Columbus use ADR (70s)
• 1980 Congress passed Dispute Resolution Act2002
  2002 U.N. recommends to member countries

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Restorative Justice

• How Reconciliation Programs Work
• Restitution is symbolic gesture and pre-requisite
  for reacceptance of community
• Provides basis for forgiveness
• Only community can provide reintegration
• Third party facilitates and oversees process
• Table 13.4, page 367 Compare and Contrast
  Retributive and Restorative Justice

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Restorative Justice

• Pros and Cons from Victims Point of View
• Way to resolve without making an arrest
• Allows victims to ask questions about why, how,
  etc
• Speedier and cheaper form of justice
• Healing and redemption undermine justice and
  responsibility
• Does not protect accuser as state courts do
• Closed to the public
• Blameless victims may feel cheated if compromise
  involved with offender

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Restorative Justice

• Future
• More cases will be referred to this process
• How will the system handle itstreamlining?
• Will process be compromised if overworked?
• Will this provide a framework for social change
  that government has not provided?
• Cases involving violence do not fit
• Can restorative justice programs truly
  rehabilitate serious offenders?

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Key Terms
Victims Rights Zero sum game model Allocution
Guardian ad litem Differential handling Restorative justice
Retaliatory justice Vigilantism, lynching Punitive rationale Rationale of necessity
Individualist rationale Social rationale Peacemaking circles Family group counseling
Conciliation, arbitration, mediation Multidoor courthouses Neighborhood justice centers
Moot model Conflict resolution Widening the net