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Essay Subject: Examines science of how public, courts, govt. & society deal with victims of crime, focusing on victims' rights.... More...

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Paper Abstract: Examines science of how public, courts, govt. & society deal with victims of crime, focusing on victims' rights. Paper Introduction: VICTIMOLOGY This research paper discusses victimology, the science of how the public, the courts, the government and society deal with the victim of a crime. The movement to expand the rights of crime victims and the protections afforded them crested in the 1980s and early 1990s. It stemmed from a broad public consensus that the criminal justice system neglected the interests of victims. The success of the movement has, however, been uneven, greater in some jurisdictions and in protecting some types of victims than in others. The activist organizations involved may have overplayed their hand, and the movement itself has lost some momentum as public passions and fears regarding crime control have eased. Role of the Victim in Crime Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. (1992, January-February). (1996), "from 196 to 199 , the rate of violent crimes percapita, the kind of crimes that generate the most fear and consequentlyhave a consequently severe impact on urban life, increased 355 percent!"(p. A. . Adams, J. 9, 24). (1996, March). Levine, M. They may feel helpless, insecure, and threatened by what they once considered a safe and protective environment . ? 184, 2 4). 38). In its final report in 1982, the president'sTask For Victims of Crime called for the passage of new legislation at thefederal level and by state legislatures. 52). Victims, truth, and detention--the peoplespeak. Cochran, C. Under federal law, Federal Ruleof Criminal Procedure 32(b), and the laws of 47 states, including New York,victims have the right to submit victim impact statements, which must beconsidered by the court in sentencing convicted defendants (Roland, 1989,p. 625 et seq., is the most liberal. One of the first results of this federal initiative was the passageby 2 states, including New York, of ballot propositions and other measureswhich amended state constitutions by adding Victims' Bills of Rights. In De Shaney v. 67). (1996, December). Publicity. . The victims rights movement gained momentum in the 198 s andencompassed a broad range of legal rights, programs and protections. 1512-1515, 3579-358 , federal police and prosecutorswere placed under a duty to provided reasonable protection of victims andother witnesses against harassment, intimidation and violence. References Acker, J. The fate of Megan's law in New York.Cardozo Law Review, 18, 181-22 . (1992). Jasper (1997) says that, in 1995, 39.5 million crimes werereported, 9.9 million violent and that "five out of six people will be thevictims of a violent crime at least once during their life" (p. R. Such a decision,if upheld and given more general currency, could (but has not yet) greatlyexpanded the civil rights and remedies of crime victims. Acker says that victim impactstatements are usually prepared by probation officer or other officer ofthe court and typically contain "information about the physical, financialand psychological harm suffered by the victim and/or the victim's immediatefamily, and sometimes includes the opinions of those affected by the crimeabout an appropriate disposition for the offenders" (p. Under these federal and statelaws, police, prosecutors and others, such as health service providers,became responsible for notifying victims of their statutory rights. He cites a number of areas in whichthe courts and the legislatures "have limited the constitutionalprotections of suspected and convicted criminals" (p. Law, ? He said that"victims often perceive officials as treating them like insignificant cogsin the wheels of justice, allowing them no input into decisions" (p. (1992, April). Crime victims civilrecoveries against third parties. Moststates place caps ranging from $5, to $5 , on the amount a victim canrecover. (1989). 22). The elevation of victims' rights in Washingtonstate. Goetz (1986) of murdering four black teenagers inthe New York City subway, one of whom asked him for $5. 826-827). 3). Rape shield laws. C. New York covers victims of assault and battery, spousal andchild physical and/or sexual abuse, domestic abuse, drunk driving,homicide, motor vehicle crimes, rape, robbery and other sex offenses(Jasper, 1997, p. Estrich (1992) reports that considerableprogress has been made at the law enforcement level: "'Police andprosecutors formed sex crime units to do a better job in collectingevidence, counseling victims and even preparing for trial,' and that theyand hospitals have formed or allow the intervention of rape crisistherapists" (p. The federal government under the 1994 Crime Billrequires mandatory tracking of reported stalkers and that all states nowhave stalking legislation on the books (Jasper, 1997, p. 69). 211). The attorneygeneral was required to develop what came to be known as Guidelines forFair Treatment of Crime Victims and Witnesses. Former ChiefJustice Warren Burger warned in the case of Morris v. Frazier & Haney (1996, December) say that 2 states also protect theconfidentiality of physician records on and communications with the victim.Estrich (1992) complains of "the increasing willingness of at least somecourts to order release of psychiatric records or psychiatric examinationsof women victims" (p. 137). In California, through the passageof Proposition 115, Crime Victims Reform Act, the legislature declared that"We, the people of the State of California hereby finds that the rights ofcrime victims are too often ignored . Carrington, F., & Nicholson, G. 23 of the Rhode Island Constitution states that crimevictims are entitled to "be treated by agents of the state with dignity,respect and sensitivity during all phases of the criminal justice process"(Acker, 1992, January-February, p. Legislation. According toWallach (1997, Winter, p. 11). California in1965 and New York in 1966 were the first two states to enact legislationproviding for public compensation to crime victims. 6 7)say that only 6 percent of rapes in 1991 were reported to the police, whoarrested the alleged culprit in only 4 percent of the cases reported tothem: Interviews with victims have consistently revealed that the reasons for not reporting include fear of how they will be treated by members of the criminal justice system, perceptions of the situation as "private" and not wanting it to become "public," and fear of lack of evidence (p. Some states also allow victims to allocute,to make statements at sentencing hearings. Watterdorf & Wilson (1996, March, pp. Acker (1992, January-February) says that "an ironic by product of thevictims rights movement . Victim's rights law. and that comprehensive reformsare needed in order to restore balance and fairness to our criminal justicesystem" (Nicholson, 1992, April, p. Lax enforcement isalso a problem, most courts giving first priority to the collection offines owed the state. Changes in the Relationship between Victims and the State At all levels--federal, state and local--the victims rights movementachieved fundamental changes in the relationship between the crime victimand elements of the state responsible for the criminal justice system.Instead of being regarded as incidental if indispensable parts of theeffort to put criminals behind bars, law enforcement and victims found theyhad a broad area of common interest. According to Jasper (1997), sixmillion family members, mostly women, are assaulted in their homes everyyear, 26 ,31 cases of rape or attempted rape, and 94,58 cases of sexualassault were reported in 1995 (pp. Other laws require that schools obtain records of previousschooling before registering new students as a means of dealing with theproblem of abducted children. Victims' rights: An ideawhose time has come--five years later. Frazier, P. Proof that the victim did not consent is often the most difficultpart of any prosecution for rape or sexual assault. The broad version of such astatute, Megan's law in New Jersey, has been challenged on constitutionalgrounds. 7 ). 5, ? (Eds.).(1996). Almost all states have followed suit, providingin addition funds for child shelters, treatment and counselling. Law & HumanBehavior, 2 , 6 7-619. Watterdorf, G., & Wilson, K. 611). They say that the federal program is funded by "fines infederal criminal cases, penalty assessments, forfeitures of federal bailbonds, as well as a federal 'Son of Sam' law, whereby funds from literaryor other exploitation of the criminal's activities must be escrowed for thebenefit of the victim" (p.3). Elkenberry, K. Frazier & Haney (1996, December, p. 821). In a case involving the denial by the state ofCalifornia of adequate funds to the city of San Diego, San Diego SuperiorCourt Judge Michael Greer in San Diego v. The victims rights movement was fueled bysoaring crime rates, which have risen steadily over the past three decadesbefore leveling off or declining slightly in the mid-199 s. (1989). According to Acker (1992, January-February): "While all statesauthorize court-ordered restitution for crime victims, statutes in one halfthe states and under federal authority now require judges to makerestitution to their victims, or else to make written findings justifyingwhy restitution should not be paid" (p. Itsgenesis, Supreme Court Justice Anthony Scalia said in his dissentingopinion in the case of Payne v. 631(a) (p. . 42; and Acker,1992, January-February, p. Role of the Victim in Crime Origins of victimology science and the victim's rights movement.According to Elkenberry (1989), "in the middle ages, victims [of crimes]engaged in primitive blood feuds with their criminal offenders" (p. The victim of crime plays a central role in the criminal justicesystem. Colin Ferguson, whocold-bloodedly shot and killed 23 white and Asian commuters on a LongIsland train in 1994, unsuccessfully asserted the "black rage" self-defenseargument. 72), numerous public opinion polls in the 198 s showed that 8 percent or more of the general public said they believed that the courtsdid not deal harshly enough with criminals, an opinion broadly sharedwithin the law enforcement community. New York Law SchoolJournal of Human Rights, 13, 485-521. Extent of Victimization. 487) the federal government and all but twostates (Arizona and Utah) have rape shield laws. The case law indicates expanding frontiers of civilliability. The difficulty with restitution as a remedy is that many criminaldefendants are indigent and therefore judgment-proof. After first ruling by a five to four vote in Booth v.Maryland (1987) that victim impact statements were not admissible incapital crime sentencing hearings, because of their possibleprejudicial effect on the rights of the defendant, the SupremeCourt reversed itself in Payne v. The Supreme Court has ruled, see Florida Star v.B.J.F. Greissman, A. Forexample, Art. Shearer Supreme Court 1983).The Court has also generally upheld state laws immunizing state officialsfrom liability for crimes committed by released criminals (Martinez v.California (198 ). Victim Involvement in Court Proceedings. Intercourse. (1993). 65). 149) reportthat the financial costs of crime, including property losses, costs of lawenforcement, court and correctional costs and medical losses, rose from $43billion in 1963 to $163 billion in 1993. Most statelaws provide for confidentiality of the records in child-abuse reports andinvestigations. Roland, D. It stemmedfrom a broad public consensus that the criminal justice system neglectedthe interests of victims. 21).Until the late 19th century in England and in some American states, crimevictims had a right of private prosecution. With respect to the enactment andimplementation of reforms, Cochran et al. Dobbs Ferry: OceanaPublications. 69). Under the Victim and Witness Protection Actof 1982, 18 U.S.C. Palm Beach stories. In thatcase, which involved a rape, sodomy and incest conviction, the Court, inweighing the rights of the abused child and the parent-defendant, held thatthe defendant does not have the right to all the records of thePennsylvania Children and Youth Services Department pertaining to thevictim and that the trial judge should have in camera reviewed them todetermine what data, if any, was essential to the defendant's case. New York has no limit. Serv. Estrich, S. Progress in the victim reform movement.Pepperdine Law Review, 18, 35-58. present(s) uniqueproblems for the criminal justice system, which is, after all, dedicated toproviding due process for those accused of even the most heinous acts" (p.177). Correction Law ? According to feministDworkin (1987), "the purpose of laws on intercourse in a world of maledominance is to promote the power of men over women and to keep womensubjugated (accessible) to men" (p. N., & Cayer, N. The federal government during the Reagan administrationtook the lead in promoting greater public awareness of the plight ofvictims and the need for new legislation to protect them. Civil Remedies. The Victims of Crime Act of 1984, 42 U.S.C. According to Carrington & Nicholson (1989), under ? (1996, p. J. . Emerging issues in victim assistance. Ritchie (1987). Police and prosecutors. By 1989, the federalgovernment and 44 states had victim compensation programs in place, underwhich in 1986 $89,499,346 was paid out (Roland, 1989, p. 7). Such organizations, whichnumbered more than 6, by 1989, included the National Organization forVictim Assistance (NOVA), Mothers Against Drunk Driving (MADD), Victims'Assistance Legal Organization (VALOR), Society's League Against Molesters(SLAM) and Parents of Murdered Children (POMC) (Acker, 1992, January-February, p. She says thatsuch community notification requirements create "a proven risk ofvigilantism" (p. It also provides financial support fordependent family relatives of a homicide victim. (1989). New York: St. 57). 76). A great deal of controversy has developed over the tension betweenrape shield laws which prohibit the admissibility of evidence concerningthe victim's prior sexual history and the defendant's right under the SixthAmendment to confront and cross-examine his or her accusers. The feminist movement has combined with victims rights groups to urgechanges in state laws to counteract these tendencies. 33). New York adopted the first Son of Sam law after 1977 serial murdererDavid Berkowitz attempted to profit from his crime by writing a book.Roland (1989) says that 42 states have "enacted laws to prevent convictedcriminals from profiting financially at victims' expense" (p. According toCochran et al. Much of the former momentum of the movement appears to bedissipating. rights. E., Mayer, L. Winnebago County Dep't of SocialServices (1989), the Supreme Court held that the parents of a physicallyabused child who died from injuries inflicted by his father, whose abusewas known to state social workers, could not sue the state under 42 U.S.1983. Defense lawyers increasingly invoke the "battered woman syndrome"defense, which Young (1989) says a number of juries have relied on inacquitting wives of killing their abusive husbands (p. Jasper (1997) says that medical research hasrevealed that "emotional [including sexual] abuse of a child carries muchdeeper and longlasting scars than a physical beating" (p. Special rules apply when children arewitnesses, in child abuse or neglect proceedings, such as permitting themto testify through videotaped witness statements or via closed circuittelevision, in the judge's chambers, in closed court rooms and withfrequent breaks (Jasper, 1997, p. Cory (1992) said that the statehad thereby denied equal protection to its citizens who had "a fundamental. 19 ) says has sufficient proceduralprotection for the offender to pass constitutional muster. 68). . 35). 53). A number of activist organizations developed to promotevictims rights in which many former police officers and prosecutors, aswell as victims and others joined, was formed. According to Acker (1992, January-February, p. Without the cooperation of victims, many crimes would gounreported. J. 168)which Greissman (1996, Summer, p. Levine (1993) reports that the number ofsuch reports in New York state increased from 669, in 1976 to 2.7million in 1992 (p. In many respects, New York'slaw, New York Executive Law, ? Roland(1989) says that "in 1986, New York eliminated its financial hardshiprequirement for emergency awards and designated awards under $2, "(Executive Law, ? 828). Nicholson (1992, April) reports that by computerizingits files and going after defaulting released criminals, Montgomery County,Pennsylvania, increased its collections from 14 percent to more than 9 percent (pp. Jasper says that in all states raping one's spouse is now a crime andthat most states no longer require that the state prove that the womanoffered physical resistance. Victimimpactment statements serve a cathartic purpose for victims; andAcker (1992, January-February) reports that "judge's actions do not seem tobe influenced greatly by [their] contents" (p. State victim compensation laws vary. New York: Macmillan. Tennessee (1991). A good example is the expanded self-defense argument of Bernard Goetz, on the basis of which he was acquittedby a jury in People v. (1997, Winter). 71). Elkenberry (1989) says that "victimology emerged as a sciencein the 194 s and 195 s and by the late 195 s, international discussionfocused on proposals to compensate victims of crime" (p. 15 ). In cases involving"date rape," Estrich (1992) says that "juries won't convict" (p.6). PepperdineLaw Review, 17, 129-143.----------------------- 3 Expanded Rights of Victims of Special Crimes Abused and neglected children. . She says that narrowly drawn statutes have generallybeen upheld by federal courts, as rationally justifiable given the highrecidivism rates of sex offenders, which are 1 times that of othercriminals (pp. Pepperdine Law Review, 17, 19-33. A., & Haney, B. 63 (a). 71). Relationships with Criminal Defense Lawyers and Defendants. 647), permitvictims to participate in plea bargaining processes, 17, not including NewYork, have mandatory court attendance rights for victims, and 38 permitvictims to participate in parole hearings. Nevertheless, Acker said in 1992 that "littlemore than a decade ago, it was not uncommon for victims of crime to beignored, mistreated, and even 'revictimized' during their interactions withthe criminal justice system" (1992, January-February, p. Nicholson, G. (1996, Summer). Conclusion The science of victimology has triumphed in many areas at theprompting of victims rights groups based on pro-victim public sentiment.Some of their proposals raise serious constitutional questions and can leadto excess. (1987). 36). Traditionally, many of these crimeshave gone unreported, or complaints were not pursued by the police. Companion laws have beenenacted in 46 states (Roland, 1989, p. New York covers the injured party, his or her spouse,children, parents and siblings. 58). (1992, April). C., Carr, T. 32-37) cite a number of casesin which state courts have held employers and landlords liable on anegligence theory for crimes committed at their place of work or on theirpremises, especially where prior similar incidents occurred there, and inone case the police for failing to keep in custody a drunk driver who laterstruck and killed someone. Megan's Laws. New Hampshire Bar Journal, 37, 32-37. Federal criminal penalties for child abuse have been increased underVOCA, the Children's Justice and Assistance Act of 1986 and the 1994federal Omnibus Crime Act. (1996) say that despite theirvicious and exploitative nature, the crime of rape . Wallach, S. Jasper, M. Cochran et al. 1 6 1-1 6 4 (VOCA), provided funds for victim assistance programs, 45 percent ofwhich were designated to help fund state victim compensation programs.Among the victims' fundamental rights under VOCA was the right to betreated with fairness and with respect for the victim's dignity andprivacy. Afterthe Supreme Court ruled in Simon & Schuster v. Cases involving domesticviolence--physical, mental or sexual--are often unreported, and proof incourt of the offense is difficult. right of safety" (Nicholson, 1992, April, p. 717). 53), 21 states, including New York (Executive Law ? R. New York has a more limited version (N.Y. L. Under VOCA, victims have the right to confer with prosecutors and tobe informed of all court proceedings from bail hearings through conviction,sentencing, imprisonment and release of the offender. The New York Victims CrimeBoard (1991) case that the New York Son of Sam law violated the free speechrights of convicted criminals, a more narrowly drafted statute was adoptedby the New York legislature (Jasper, 1997, p. Sexual assault cases inthe legal system: Police, prosecutor and victim perspectives. 7). 1 6 7 of VOCA,federal police and prosecutors are charged with the responsibility ofmaking available to victims, in addition to compensation for medicalexpenses, burial expenses and loss of wages, emergency medical assistanceand social services, including counselling, treatment and support, such as"crisis intervention, forensic services and salaries of victim serviceproviders" (p. The federal government under the 1994 Violent CrimeControl and Law Enforcement Act of 1994, Title XVII, subtitle A and 4 states require that convicted sex offenders after their release fromcustody register with the authorities and require or permit informationconcerning their release and whereabouts to be communicated to the victimsand to the communities in which they reside. The victim often serves as a principal or the only witness ofthe crime itself, and his or her co-operation is needed in the process ofapprehending the offender, such as when a victim agrees to be wired withsound recording equipment, in identifying suspects in a police lineup, aswell as by filing a complaint, by providing statements to the police and bytestifying in criminal court. 47). Young, M. Pacific Law Journal, 23, 973-981. Victims' rights, remedies and resources:A maturing presence in American jurisprudence. 977, 974). Some states do not extend coverage to relativesof homicide victims. Pacific Law Journal, 23, 815-842. Martin's Press. . Social sciences and thecriminal law: Victims of crime-plight vs. (1997). The validity of a Pennsylvania child abuse confidentiality law wasreviewed by the Supreme Court in Pennsylvania v. Some, such as Michigan,strictly exclude all such evidence. 144). The New York law covers all expenses, wageand other financial losses of the victim, even emergency funds for the lossof indispensable personal property such as glasses and hearing aids(Executive Law, ? According to Jasper (1997), 3,14 , cases of child abuse or neglect, 1,3 of which resulted in the death of achild, were reported in 1994 (p. Law & Philosophy, 11, 5-33. A few states cover 'painand suffering' damages, but most leave that up to the civil court system.Some states exclude coverage for victims of family abuse and drunk drivingvictims. For example, in 1997, the California legislatureat the behest of MADD tacked on an additional three years to the originalseven-year time during which drivers convicted of a first DUI offense couldbe subjected to second-offense penalties. Others, some 22 states and the federalcourts, allow the judge to make the determination and admit such evidencefor limited purposes, such as to prove the semen found in the victim'svagina came from a source other than the defendant, the rule in New York,to attack the credibility of the victim, the rule in California, or forother reasons. The movement to expand the rights of crime victims and theprotections afforded them crested in the 198 s and early 199 s. 72). 75). The activist organizations involved may haveoverplayed their hand, and the movement itself has lost some momentum aspublic passions and fears regarding crime control have eased. Another tendency, which raises questions under the constitutionalprohibitions against ex post facto laws, is attempts by victims rightsactivists to increase the penalties for crimes after the defendant has beenconvicted and sentenced. As, Anglo-Americanjurisprudence evolved, however, the state assumed the entire burden ofprosecution. 823). Theyalso generally give lower sentences, even in homicide cases involvingslayings by one spouse of another spouse, where sentences average only 13years. Pepperdine Law Review, 17, 1-18. Nine states employ financial means tests. . VICTIMOLOGY This research paper discusses victimology, the science of how thepublic, the courts, the government and society deal with the victim of acrime. Dworkin, A. 411). Slappy (1983) that"in the administration of criminal justice, courts may not ignore theconcerns of victims" (Acker, 1992, January-February, p. (1991) that publication by the media of the identity of the victim(if lawfully obtained) is within the protection of the free speech clauseof the First Amendment and does not violate the privacy of the victim. 53). 69): In the wake of crime, many crime victims and their intimates begin to perceive themselves and the world around them in distressingly different terms. has been the emergence of ill-definedinteractions in which the distinction between victim and offender isdisconcertingly blurred" (p. Under VOCA, victims have the right to attend all court proceedings,including sentencing hearings, unless the judge finds that their attendancemight prejudice their testimony.Some states, such as Florida, Michigan and Washington, incorporate thoserights in their constitutions. many Americans are held hostage by the fear of crime (p. Organization. Other common exclusions are failure ofvictims to cooperate with law enforcement, slowness in presenting claims orthe availability of private insurance coverage. ? Adams (1992,April) points out the alliance of victims rights activists and law andorder enthusiasts, which produced the passage in California of Proposition8, which includes truth-in-evidence provisions which were designed toreverse various evidentiary exclusionary rules adopted by federal andCalifornia courts, such as the exclusion of evidence obtained under coercedconfessions and illegal searches and seizures. New York Law SchoolJournal of Human Rights, 1 , 711-738. The success of the movement has, however, beenuneven, greater in some jurisdictions and in protecting some types ofvictims than in others. Criminal Law Bulletin,28, 64-77. According to Roland(1989, p. Tennessee (1991) discussing infra, was a"public sense of justice keen enough that it has found voice in anationwide 'victims rights' movement" (Nicholson, 1992, April, p. . (1989). A therapeutic jurisprudence analysis of mandatedreports of child maltreatment by psychotherapists. NewYork has been one of the leaders in a national trend requiring that medicalprofessionals report instances of child abuse which come to their attention(New York Soc. Acker (1992, January-February) suggests that the pendulum may haveswung too far in the direction of protecting the rights of victims at theexpense of the rights of the accused. American public policy. 1).Particularly alarming to the ordinary law-abiding citizen was the sharpincrease in random crimes, crimes unrelated to the identity or behavior ofvictims, such as drive-by shootings. In 1982,President Reagan in announcing the first annual National Crime Victims Weekreferred to victims as "the forgotten persons of our criminal justicesystem" (Roland, 1989, p. . V. The federal government has generally been held not liable underthe assault and battery exception to the Tort Claims Act for injuriescaused by its personnel (see United States v. Adams says the passage ofProposition 8 came about because of overly liberal rulings by theCalifornia Supreme Court, which "provided greater protection to thoseaccused of crime than did the Supreme Court", but he is neverthelessconcerned about the potential excesses of the "Populist approach tojustice" (pp. Other victims of domestic violence. 1). Roland (1989) says that 1984surveys indicated that "victims are extremely dissatisfied with their levelof participation in the criminal justice system" (p. 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