victimology response question

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How does routine activities/lifestyles theory fit within state dependence and risk heterogeneity explanations of recurring victimization? How is it different?

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Victims’ Rights and Remedies Daigle, Victimology 2e, SAGE Publishing, 2018. 2 Victims’ Rights    32 states have victims’ rights amendments to state constitutions All states have some form of victims’ rights legislation Laws differ but have common goal of enhancing victims’ rights: ◦ Victim privacy ◦ Victim protection ◦ Victim participation Daigle, Victimology 2e, SAGE Publishing, 2018. 3 Common Victims’ Rights Given by State   Less than half the states give all victims’ rights All states give at least some victims these rights: ◦ ◦ ◦ ◦ Right to compensation Notification of rights Notifications of court appearances Ability to submit victim impact statements (VISs) Daigle, Victimology 2e, SAGE Publishing, 2018. 4 Common Victims’ Rights Given by State  Common rights given to victims in majority of states include: ◦ Right to restitution ◦ Right to be treated with dignity and respect ◦ Right to consult with court personnel before plea bargains offered or defendant released from custody ◦ Right to protection ◦ Right to a speedy trial ◦ Protection of jobs Daigle, Victimology 2e, SAGE Publishing, 2018. 5 Notification    Keeps victims apprised of case status at various stages of CJ process—may include ◦ Notification when offender is arrested and released ◦ Notification about time/place of court proceedings and changes in court proceedings ◦ Notification of parole hearings ◦ Notification of release from custody at the end of sanction Notification responsibilities placed on police, prosecutor, and corrections Many states have automated systems Daigle, Victimology 2e, SAGE Publishing, 2018. 6 Participation and Consultation    Victims’ rights movement goals included increasing victim participation and consultation Participation encouraged through victim impact statement Victim consultation ◦ Consult with judge/prosecutor before plea bargain offered or bail set ◦ Consultation before offender paroled or sentenced Daigle, Victimology 2e, SAGE Publishing, 2018. 7 Right to Protection   Participation in CJS may endanger victims Many states include safety measures among victims’ rights ◦ No-contact or protective orders ◦ Secure waiting facilities for victims in court ◦ Protection of victim privacy—CJ records may disclose minimal victim contact information Daigle, Victimology 2e, SAGE Publishing, 2018. 8 Right to a Speedy Trial   About half the states provide speedy trial right to victims Ensures the judge considers victim’s interests when ruling on continuances ◦ Postponement decisions cannot be made without consideration of the victim  Some states provide for accelerated dispositions in cases with elderly, disabled, or child victims Daigle, Victimology 2e, SAGE Publishing, 2018. 9 Rights Related to Evidence    Victims have right to return of property taken as evidence Some states protect victims from having to pay for collection or testing of evidence (rape kits) Some states give victims’ rights relating to notification of status of kits and if a match was identified Daigle, Victimology 2e, SAGE Publishing, 2018. 10 Issues With Victims’ Rights      Some resistance to giving victims formal rights Law is written with state as aggrieved party U.S. Constitution provides protections for suspects but not victims Federal victims’ rights amendment very controversial Some concerns that giving rights to victims will create burden on CJS Daigle, Victimology 2e, SAGE Publishing, 2018. 11 Issues With Victims’ Rights     Lack of recourse for victims whose rights are violated Many states do not have remedies in victims’ rights legislation Many victims can do little if rights not protected Some states specifically state that victims may not file civil suit against government agency or official if rights are violated Daigle, Victimology 2e, SAGE Publishing, 2018. 12 Federal Law  1982—Federal Victim Witness Protection Act ◦ Guidelines for officials on how to respond to victims and witnesses  1984—Victims of Crime Act (VOCA) ◦ Created Office for Victims of Crime ◦ Provided funds for state victim compensation programs  1990—Child Victims’ Bill of Rights ◦ Extended victims’ rights to children ◦ Child should be able to understand proceedings ◦ Advocate provided for children Daigle, Victimology 2e, SAGE Publishing, 2018. 13 Federal Law  1990—Crime Control Act and Victim’s Rights and Restitution Act ◦ Created federal bill of rights for victims of federal crime  1994—Violent Crime Control and Law Enforcement Act ◦ Includes Violence Against Women Act ◦ Gave over $1 billion to programs addressing violence against women ◦ Created national child sex offender registry ◦ Increased victim compensation program funding Daigle, Victimology 2e, SAGE Publishing, 2018. 14 Federal Law  1996—Antiterrorism and Effective Death Penalty Act ◦ Made restitution mandatory in violent crime cases ◦ Gave victims the right to make victim impact statements during sentencing  1997—Victims’ Rights Clarification Act ◦ Clarified victims’ right to attend offenders’ trials  2000—Violence Against Women Act ◦ Funding for rape prevention/education, shelters ◦ Expanded federal stalking statute Daigle, Victimology 2e, SAGE Publishing, 2018. 15 Federal Law  2004—Justice for All Act ◦ Strengthened federal crime victims’ rights ◦ Money to test rape kit backlog  2013—Sexual Assault Forensic Evidence Reporting Act ◦ Grants to audit sexual assault kit backlog  Federal constitutional amendment ◦ Introduced in Congress 7 times since 1996 ◦ Has not yet been adopted Daigle, Victimology 2e, SAGE Publishing, 2018. 16 Victim Compensation    Financial remedy for victims who suffer economic losses Programs state-run—Every state has a program Multiple funding sources: ◦ Fees and fines paid by criminals ◦ Federal Crime Victims Fund Daigle, Victimology 2e, SAGE Publishing, 2018. 17 Victim Compensation   Not all victims eligible for compensation Eligibility requirements include: Must be victims of personal crime Must report crime promptly to police Must cooperate with investigation Must apply within 1 year of crime Costs may not be covered by other sources (insurance, restitution) ◦ Must not have participated in criminal conduct that caused or contributed to victimization ◦ ◦ ◦ ◦ ◦ Daigle, Victimology 2e, SAGE Publishing, 2018. 18 Victim Compensation  Covered expenses may include: ◦ ◦ ◦ ◦   Medical and mental health care costs Funeral costs Lost wages Some states have expanded coverage Property damage and loss not covered State caps typically range from $10,000 to $25,000 per incident Daigle, Victimology 2e, SAGE Publishing, 2018. 19 Victim Compensation  Problems with victim compensation programs ◦ Most eligible victims do not actually receive compensation ◦ About 25% of claims are denied ◦ Programs do not seem to encourage CJS participation ◦ Little evidence that victims receiving compensation are more satisfied or more likely to participate in CJ process Daigle, Victimology 2e, SAGE Publishing, 2018. 20 Restitution   Money paid by offender to victim as part of court-ordered sentence Wider range of covered expenses ◦ Can also include costs of stolen/damaged property ◦ Limited to tangible expenses  Benefits ◦ Based on restorative justice—helps restore offender and victim to precrime state  Problems ◦ Offenders must be caught for restitution to be ordered ◦ Hard to determine appropriate amount for restitution ◦ Offenders may lack funds to pay Daigle, Victimology 2e, SAGE Publishing, 2018. 21 Civil Litigation   Allows victim to recoup uncompensated costs Advantages ◦ Victim has control ◦ Victim can seek money for emotional harm ◦ Lower standard of proof  Problems ◦ ◦ ◦ ◦ Offender must be identified first Offender may not be able to pay damages Cost to victim—civil lawsuits can be expensive May drag on for years Daigle, Victimology 2e, SAGE Publishing, 2018. 22 Remedies and Rights in Court     Victims have rights at various phases of CJS Police response to victims often shapes how victims view CJS Impacts future dealings if revictimized Victims report high levels of satisfaction when police meet their expectations Daigle, Victimology 2e, SAGE Publishing, 2018. 23 Victim Impact Statements (VISs)    Written or oral statement expressing impact of crime on direct or indirect victims May submit VIS at sentencing and parole hearings Benefits ◦ Gives victims opportunity to be heard in court ◦ Provides information to the court and CJ officials ◦ Offender hears the impact of the crime Daigle, Victimology 2e, SAGE Publishing, 2018. 24 Victim Impact Statements (VISs)  Not all victims choose to make VIS ◦ May be uncomfortable ◦ May fear retaliation ◦ May be unaware of right  VIS may impact the offender’s sentence ◦ Question of equal justice for offenders  Making VIS may be traumatizing for victims ◦ Cause dissatisfaction if recommendations not followed Daigle, Victimology 2e, SAGE Publishing, 2018. 25 Victim/Witness Assistance Programs (VWAPs)      Provide assistance to victims navigating CJS Ensure victims know their rights, have resources needed to exercise rights Goal is to increase victim and witness participation in CJS Many provided by prosecutors’ offices Largely oriented toward ensuring witnesses cooperate and participate in court proceedings Daigle, Victimology 2e, SAGE Publishing, 2018. 26 Family Justice Centers    “One-stop shop” for victims Provide variety of services victims may need in one location Victims receive multiple services without having deal separately with large number of health and social service agencies Daigle, Victimology 2e, SAGE Publishing, 2018. 27 Restorative Justice    Traditional CJS adversarial, offender-centered Restorative justice movement is more victimcentered Based on belief that all parties impacted by crime should be involved in resolution ◦ Sees crime as harm to state, community, and victim ◦ Allows for input from offender, victim, and community members harmed by crime  Justice is a cooperative effort Daigle, Victimology 2e, SAGE Publishing, 2018. 28 Restorative Justice    Victim–offender mediation programs Face-to-face meetings between victim and offender Family or community group conferencing ◦ Victim, offender, family, friends, and supporters of both collectively address aftermath of crime  Peacemaking or sentencing circles ◦ Includes victim, offender, community members, victim and offender supporters, and members of CJS ◦ Designed to give all parties a voice ◦ Also designed to address causes of criminal behavior Daigle, Victimology 2e, SAGE Publishing, 2018. 29 Victim–Offender Mediation Programs   Over 300 in the United States today, over 700 in Europe Most commonly occurs as diversion from prosecution ◦ Victim and offender must agree to mediation ◦ Offender must complete any requirements set out in mediation agreement ◦ Offender not formally prosecuted in CJS   Can be condition of probation Victims can meet with offenders in structured environment Daigle, Victimology 2e, SAGE Publishing, 2018. 30 Victim–Offender Mediation Programs   Outcomes may include restitution plan for offender Benefits ◦ ◦ ◦ ◦ Reduced fear/anxiety among victims High levels of victim and offender satisfaction Offenders more likely to complete restitution Reduced recidivism Daigle, Victimology 2e, SAGE Publishing, 2018. 31 Recurring Victimization Daigle, Victimology 2e, SAGE Publishing, 2018. 2 Types of Recurring Victimization  Recurring Victimization ◦ Person/place is victimized more than once  Repeat victimization ◦ Person/place is victimized more than once by the same type of victimization  Revictimization ◦ Person is victimized more than once by any type of victimization across a relatively wide span of time ◦ Usually studied in terms of sexual abuse/assault Daigle, Victimology 2e, SAGE Publishing, 2018. 3 Types of Recurring Victimization  Polyvictimization ◦ Generally used for childhood recurring victimization when child has experienced multiple forms of victimization  Near-repeat victimization ◦ Place is victimized that is in close proximity to a previously victimized place ◦ Occurs because of crime displacement within a relatively small geographical area ◦ Often studied in reference to burglary Daigle, Victimology 2e, SAGE Publishing, 2018. 4 Extent of Recurring Victimization    England/Wales data—23% of violent victims are repeat victims NCVS (2015)—1% of victimizations were series victimization Canada General Social Survey on Victimization (2004)—38% of victims experienced recurring victimization Daigle, Victimology 2e, SAGE Publishing, 2018. 5 Extent of Recurring Victimization   Intimate partner violence, rape, assault, and property crime victims at higher risk of repeat incidents Recurring victims experience disproportionate share of all victimizations Daigle, Victimology 2e, SAGE Publishing, 2018. 6 The Time Course of Recurring Victimization   Recurring victimization likely to happen quickly—usually little time between incidents Residential burglary research ◦ Repeat crime likely to happen within 1 month of initial burglary ◦ Many occur within 1 week Daigle, Victimology 2e, SAGE Publishing, 2018. 7 The Time Course of Recurring Victimization  Domestic violence and sexual victimization also have period of heightened risk ◦ Domestic violence revictimization within 5 weeks ◦ Sexual victimization of college women—subsequent incidents occur within 1 month    Near repeats most likely to occur within 2 weeks Heightened risk declines over time Near-repeat risk spatially concentrated Daigle, Victimology 2e, SAGE Publishing, 2018. 8 Crime-Switch Patterns and Victim Proneness    Repeat victims most likely to experience the same type of victimization Theft victims who are revictimized most likely to experience another theft Victim proneness also found for sexual victimization Daigle, Victimology 2e, SAGE Publishing, 2018. 9 Individual-Level Risk Factors for Recurring Victimization  Demographic characteristics ◦ Male, young, single/separated/divorced, low Sexual Experiences Survey (SES) for personal crime, high SES for property crime, and unemployment  Risky lifestyle ◦ Spending time away from home, using public transport after 6 p.m., spending time with delinquent peers, involvement in delinquency/dangerous behavior, and alcohol use Daigle, Victimology 2e, SAGE Publishing, 2018. 10 Individual-Level Risk Factors for Recurring Victimization   Genetic factors linked to victimization and repeat victimization Psychological and cognitive factors ◦ PTSD and mental illness Daigle, Victimology 2e, SAGE Publishing, 2018. 11 Neighborhood or HouseholdLevel Risk Factors  Neighborhood characteristics ◦ Urban areas ◦ Neighborhoods with high number of single-parent households ◦ Neighborhood disorder  Household characteristics ◦ Low-income household (personal victimization); higher incomes (property victimization) ◦ Having children ◦ Multiple cars ◦ 2+ adults in the home ◦ Renting Daigle, Victimology 2e, SAGE Publishing, 2018. 12 Theoretical Explanations of Recurring Victimization  Risk heterogeneity/“flag” explanation ◦ Focuses on victim qualities/characteristics ◦ Qualities put victim at initial risk, keep them at subsequent risk if unchanged  State dependence/“boost” explanation ◦ Circumstances during/after victimization ◦ Reactions to initial victimization predict future risk Daigle, Victimology 2e, SAGE Publishing, 2018. 13 Theoretical Explanations of Recurring Victimization  Compounding vulnerability argument ◦ Those with highest level of underlying propensity for victimization are at risk of future victimization because of state dependence processes  Victimization salience perspective ◦ State dependence processes most salient among those with lowest underlying risks  Negative state dependence perspective ◦ Low-risk persons experience negative state dependence ◦ Victimization event reduces future risk Daigle, Victimology 2e, SAGE Publishing, 2018. 14 Consequences of Recurring Victimization   Experiencing more than one victimization can be particularly bad for victims Youth who experience polyvictimization also experience higher levels of distress ◦ Linked to increase in depression, anxiety, and anger/depression in children aged 2–11 Daigle, Victimology 2e, SAGE Publishing, 2018. 15 Responses to Recurring Victimization   Efforts need to target risk factors that cause recurring victimization Most efforts target specific types of crime ◦ Repeat burglary ◦ Recurring sexual victimization ◦ Intimate partner violence Daigle, Victimology 2e, SAGE Publishing, 2018. 16
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How does routine activities/lifestyles theory fit within state dependence and risk
heterogeneity explanations of recurring victimization? How is it different?
Lifestyle and routine activity theories involve viewing victimization through the
relationship of a potential victim or target, an interested offender and absence of proper
supervision. State dependence in recurring victimization is oft...

GurCebsrffbe101 (4148)
Carnegie Mellon University

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