CJ 416 Grantham University Herta Oberhausen case & Abusive Relationships Discussion - Humanities
VICTIMOLOGYAnswer both question 100 words each and provide the reference. NO FORMAT or TITLE PAGE needed1, Landmark Decisions Box 7.4 on pages 234-235 in Andrew Karmen’s “Crime Victims: An Introduction to Victimology” provides several landmark Supreme Court decisions that directly affect victims and further clarify their rights. Select one of these decisions, and conduct an internet search to find out more information about the crime. Briefly summarize the case and provide the legal reasoning that led to this outcome. In Serial
Murderers and their Victims: Chapter 9In Crime Victims: An Introduction to Victimology Chapter 6Chapter 72. Why not leave?While most people would agree that hurting someone is wrong and that if you are the victim of an offense, you would avoid the offender in the future. This is not always the case though. Many people stay in abusive relationships or return to abusive relationships. With children, or the elderly, it could be argued that they do not have or know of anywhere else to go, but for a capable adult, why would they stay? Present an argument, based on information from your readings, on why abused persons might stay in one of these toxic relationships.Serial Murderers and their Victims:
Chapter 7
Crime Victims: An Introduction to Victimology
Chapter 8
Chapter 9
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w4chapter7.ppt
w4chapter09.ppt
question_1.docx
question_2.docx
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CHAPTER SIX
VICTIMS AND THE
POLICE
Prepared by Emily Berthelot, University of Arkansas at Little Rock ©
2016 Cengage Learning. All Rights Reserved.
Learning Objectives
1. To establish the ways in which victims suffer.
2. To find out what the criminal justice system can accomplish
in behalf of victims.
3. To become familiar with the ways that the police can serve
the best interests of crime victims.
4. To uncover issues and relationships where victims and law
enforcement agencies can find themselves in conflict rather
than in an alliance.
5. To become acquainted with the kind of evidence that is
useful to evaluate whether a police department is
effectively meeting the needs of victims in its jurisdiction.
6. To recognize the features of a victim-oriented police
department.
© 2016 Cengage Learning. All Rights Reserved.
How the System Handles Victims
Which CJ professionals are involved with
victim issues?
Police
Prosecutor
Judges
Corrections
The system often creates more conflict than
resolution for victims.
© 2016 Cengage Learning. All Rights Reserved.
What Do Victims Want,
Punishment or Restitution?
Three Goals
1. Punish offenders
2. Compel lawbreakers to undergo
rehabilitative treatment
3. Repay victims for losses and injuries
they suffered
© 2016 Cengage Learning. All Rights Reserved.
What Do Victims Want?
1. Punishment
Make examples of criminal—provided
deterrence theory really works
Incapacitate
Prevents future vigilantism
Retribution—morally sound practice
Satisfies victim thirst for revenge
© 2016 Cengage Learning. All Rights Reserved.
What Do Victims Want?
Punishment continued—
Opponents of this utilitarian approach
have documented that punishment:
Results in high rates of imprisonment
Is expensive
Is often impractical
Can be ineffective
© 2016 Cengage Learning. All Rights Reserved.
What Do Victims Want?
2. Rehabilitation
Some victims want professionals to help
offenders become decent, productive, law
abiding citizens.
◼
Do not want them to victimize others.
Victims most likely to endorse rehabilitation if
the offender was NOT a complete stranger.
Victims may become dismayed when “heavy
handed” policies drive the offender to become
more violent and attain new heights of antisocial
conduct.
© 2016 Cengage Learning. All Rights Reserved.
What Do Victims Want?
3. Restitution
Some victims want restitution rather than
retribution or rehabilitation.
Want to recoup losses and pay bills incurred
as result of the crime.
◼
Loss of pay, medical expenses, household bills
unpaid due to being out of work
© 2016 Cengage Learning. All Rights Reserved.
Victims and the Police
Reporting Incidents
Most likely to report crimes involving
brandishing weapons, physical injuries, or
substantial financial loss.
Of the violent crimes, aggravated assaults
are most often reported; rapes least often.
© 2016 Cengage Learning. All Rights Reserved.
Victims and the Police
T A B L E 6.1 Trends in Reporting Crimes to the Police,
Selected Years, 1973–2013
© 2016 Cengage Learning. All Rights Reserved.
Victims and the Police
Leading reasons for victims reporting violent crimes:
“to prevent future violence,” “to stop the offender,” and “to
protect others.”
Smaller percentages of respondents’ motivations were:
“to catch and punish the offender” and “to fulfill their civic
duty.”
Citizens not required to inform authorities of crimes
committed against them on their property.
If they conspire or collaborate in a cover-up to conceal a
serious crime, they can be charged with “misprision of a
felony.”
© 2016 Cengage Learning. All Rights Reserved.
Victims and the Police
Responding Quickly
Want police to respond quickly and apprehend
offender
Calls are prioritized by dispatchers
Sometimes there is a lag in time between the crime
and its discovery
Confusion about whether an illegal act occurred
Coping with emotional conflicts, personal trauma,
and physical wounds, and then regain their
composure before informing authorities
© 2016 Cengage Learning. All Rights Reserved.
Victims and the Police
Trends in Police Response Times to Violent Crimes,
Selected Years, 1990–2008
© 2016 Cengage Learning. All Rights Reserved.
Police Investigating Complaints
Victims anticipate that the police will be sensitive and
polite, treat them with dignity, respect their rights, and
make decisions in an open and transparent manner
(Murphy and Barkworth, 2014).
Handling Victims with Care
Officers can seem disinterested, remote, unconcerned
about plight of victim
Police sometime doubt the victim’s credibility and
discontinue investigation
Emotional detachment is a necessary defense against
burning out
© 2016 Cengage Learning. All Rights Reserved.
Victims and the Police
Many police departments conducting training
to assist officers with victim issues
Teach how to administer “psychological first
aid”
Learning importance of responding quickly,
listening attentively, showing concern and
refraining from challenging the victim’s
versions of events
© 2016 Cengage Learning. All Rights Reserved.
Victims and the Police
Complaints
Founded—verified by police
Unfounded—police reject claims
Defounded—police believe a crime occurred
but not as serious as reported
Police accused of misclassification of above to
make statistics look better for themselves and
department or the workload was too great.
© 2016 Cengage Learning. All Rights Reserved.
Victims and the Police
Investigating Complaints/Solving Crimes/Clearance
Rates
Homicides— 64\% overall cleared
Larceny— 23\% cleared successfully
Vehicle Theft— 14\% cleared successfully
Robberies— 29\% cleared
Rape— 60\% no attacker arrested
Aggravated Assault— 42\% no arrests made
© 2016 Cengage Learning. All Rights Reserved.
Victims and the Police
T A B L E 6.2 Trends in Clearance Rates, United States,
Selected Years, 1953–2013
© 2016 Cengage Learning. All Rights Reserved.
Victims and the Police
Law enforcement is under no
comparable constitutional pressure to
read victims their rights about their
obligations and opportunities.
© 2016 Cengage Learning. All Rights Reserved.
Victims and the Police
Recovering Stolen Property—unlike clearance
rates, no good data of recovery
Data remains fairly consistent through the
years
Recovered property often kept by police for
evidence to be used in a trial
© 2016 Cengage Learning. All Rights Reserved.
Victims and the Police
Victim-Oriented Police Department
Victim advocacy units are a vital component
of a Community Oriented Police
Department.
Police departments must consider a revamp
of their operations and reconsider their
priorities to deal with the victim’s concerns.
© 2016 Cengage Learning. All Rights Reserved.
CHAPTER SEVEN
VICTIMS AND THE
CRIMINAL JUSTICE
SYSTEM
Prepared by Emily Berthelot, University of Arkansas at Little Rock
© 2016 Cengage Learning. All Rights Reserved.
Learning Objectives
1.
To realize that some cases of interpersonal violence and theft
will be handled in the juvenile justice system.
2.
To become familiar with the legal rights victims have gained
in recent decades.
3.
To become aware of the obstacles and shortcomings of
relying upon formal legal rights.
4.
To identify the various ways that prosecutors can serve
victims who are their clients.
5.
To realize how conflicts can arise between victims and the
lawyers assigned by the government to represent them in
court proceedings.
6.
To better understand the complexities of the witness
intimidation problem.
© 2016 Cengage Learning. All Rights Reserved.
Learning Objectives
8.
9.
10.
11.
12.
13.
To appreciate how victims and defense attorneys might
become embroiled in conflicts.
To discover how judges make crucial decisions affecting
victims.
To become familiar with the many Supreme Court
decisions that affect how victims are handled during legal
proceedings.
To explore how jurors might react to victims and their
plight.
To realize how corrections officials make decisions that
either help or hurt victims.
To become alert to the problem that all victims were not
treated equally in the criminal justice process in the past,
and the possibility that differential handling probably still
occurs.
© 2016 Cengage Learning. All Rights Reserved.
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 Victim’s Rights Act (CVRA)
© 2016 Cengage Learning. All Rights Reserved.
Victim Rights Categories
Zero-Sum Game Model
Victims’ rights gained at the expense of:
◼ criminals
◼ criminal justice system
◼ either offenders or officials
© 2016 Cengage Learning. All Rights Reserved.
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.
© 2016 Cengage Learning. All Rights Reserved.
Toward Greater Formal
Legal Rights Within the CJ System
T A B L E 7.1 Victims’ Rights Gained at the Expense of Suspects, Defendants, and
Prisoners
© 2016 Cengage Learning. All Rights Reserved.
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.
© 2016 Cengage Learning. All Rights Reserved.
Toward Greater Formal
Legal Rights Within the CJ System
T A B L E 7.2
Victims’ Rights
Gained at the
Expense of
Criminal Justice
Agencies and
Officials
© 2016 Cengage Learning. All Rights Reserved.
Toward Greater Formal
Legal Rights Within the CJ System
3. Rights Gained at the Expense of
Offenders, the System, or Both
Victim Participates in:
Bail Setting Arrangements
Plea Negotiations
Sentencing Hearing Decisions—
Allocution
Parole Board Appearances
© 2016 Cengage Learning. All Rights Reserved.
Toward Greater Formal
Legal Rights Within the CJ System
Issues:
Do these formal rights apply to individuals who do not
fit the 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 victims—ex. Guardian ad Litem
© 2016 Cengage Learning. All Rights Reserved.
Victims and Prosecutors
Prosecutors are chief law enforcement officer
within the jurisdiction.
How they can serve victims:
◼
◼
◼
◼
◼
Keep victims informed of status of case.
Support victims with judges, bail, continuances,
negotiated pleas, dropped charges, sentences
and restitution.
Protect from harassment, threats, injuries and
forms of intimidation and reprisals.
Resolve as quickly as possible.
Assist victims in recovering property from police.
© 2016 Cengage Learning. All Rights Reserved.
Victims and Prosecutors
Victim Witness Assistance Projects (VWAP)
To address witness and victim complaints
Intended to restore victims’ faith in CJ system
◼
◼
Personal intervention as soon as possible
Immediate relief to injured parties:
◼ Hotlines, shelter, food, counseling,
transportation and immediate lock repairs
© 2016 Cengage Learning. All Rights Reserved.
Victims and Prosecutors
VWAP Services
Translators
Recover lost property quickly
Social service and mental health referrals
Provide information about reimbursement for losses
and compensation benefits
Keep victims informed of case developments
1974—35\% of DA offices routinely notified felony
victims of case outcomes
◼ 1992—97\%
© 2016 Cengage Learning. All Rights Reserved.
Victims and Prosecutors
Protecting Victim Witnesses
Intimidation
◼
Criminals, families and acquaintances of
offenders, gangs, own family attempting to
have victim drop charges—cultural issues.
© 2016 Cengage Learning. All Rights Reserved.
Victims and Prosecutors
◼
Prosecutor should offer victim:
◼
◼
◼
◼
◼
◼
◼
Protective services
Phone number change
Door locks/alarms
Improved police patrols
Orders of Protection
New home or relocate
Victim Witness-Protection Program
© 2016 Cengage Learning. All Rights Reserved.
Victims and Prosecutors
Dismissing or rejecting charges based on several issues:
Lack of evidence, unreliable witnesses
Police officials, others in prosecutor’s office, defense
attorneys, judges, community leaders, media, and vocal
interest groups can all affect prosecutor’s decision
Surveys revealed that nearly half of all cases that were solved
by arrest were not carried forward (either rejected at
screening by prosecutors, dismissed in court by judges, or
diverted out of the system) (Boland and Sones, 1986; and
Boland, Mahanna, and Sones, 1992).
© 2016 Cengage Learning. All Rights Reserved.
Victims and Prosecutors
Negotiating Pleas
Defendant agrees to plead guilty in exchange for
some kind of consideration (usually a reduction
in charges).
95\% of convictions secured by accused admitting
guilt—often reduced from felony to
misdemeanor.
In anticipation of the above, police and
prosecutors engage in:
◼ Bedsheeting
◼ Overcharging
© 2016 Cengage Learning. All Rights Reserved.
Victims and Prosecutors
Plea negotiations result in:
Reducing court caseloads
Definite conviction (which might not
happen if the case goes to trial)
Preventing victims from testifying to
reduce emotional distress
◼
◼
Children
Rape victims
© 2016 Cengage Learning. All Rights Reserved.
Victims and Prosecutors
Plea negotiations continued:
Reducing the prosecution feeling
threatened by involvement of victims—
revenge motive
No opportunity for victims to have a
defined role
No mechanisms for victims to challenge
decisions of prosecutor
© 2016 Cengage Learning. All Rights Reserved.
Victims and Defense Attorneys
Defense Attorney
Natural enemy to victim
Attempts to protract the process, discredit
witnesses
Sixth Amendment guarantees a “Speedy Trial”—
states have time limits for trial after arrest
Efforts to delay wear down witnesses, affect
memory of witnesses, find info about witnesses
and victims
Eventually encourages victim to drop or reduce
charges
© 2016 Cengage Learning. All Rights Reserved.
Victims and Defense Attorneys
General Rule: The more serious the
charge, the longer it takes to go to
trial.
Sixth Amendment provides that
defendants have the right to confront
their accusers.
Trials are relatively rare events.
© 2016 Cengage Learning. All Rights Reserved.
Victims and Defense Attorneys
Due to competition between sides,
courtroom tactics seem harsh and meanspirited.
Cast aspersions on character of victim
Often trashes victim in controversial cases
© 2016 Cengage Learning. All Rights Reserved.
Victims and Judges
Most conflict results during bail setting and
sentencing.
Eighth Amendment prohibits excessive bail.
More than half of victims of serious crimes
face the prospect that the offender harming
them will be out on bail prior to case being
resolved.
Denying of bail results in offender going to jail
and being punished before conviction.
© 2016 Cengage Learning. All Rights Reserved.
Victims and Judges
Sentencing can be influenced by victims in two
ways:
1. Conveying their requests in writing to the judge
2. Expressing their views orally in person at
sentencing hearing (allocution)
Victim Impact Statements (VIS) can provide
valuable information to a judge.
Often included in a pre-sentence investigation
and reviewed by judge prior to sentencing
© 2016 Cengage Learning. All Rights Reserved.
Victims and Judges
U.S. Supreme Court ruled that VIS were not admissible
in the penalty phase of a murder trial (Booth v.
Maryland, 1987).
Court reversed itself in 1991, Payne v. Tennessee,
stating VIS was admissible during penalty phase if
execution was an option for a jury.
Practice of using VIS not widespread for judges.
See Box 7.4 for more U.S. Supreme Court rulings
regarding victims—majority of these decisions rejected
victim arguments.
© 2016 Cengage Learning. All Rights Reserved.
Victims and Juries
Sixth Amendment guarantees a defendant that he
will be judged by a jury of his peers.
Issues and questions regarding the victim-juror
relationship:
Victims influence outcomes because of emotions
Which jurors will accept and trust victim testimony
Jurors could be victims of serious crime themselves
Jurors may consider victim’s characteristics and status
when making accusations and determining sentence
© 2016 Cengage Learning. All Rights Reserved.
Victims and Corrections Officials
Victims more likely to have contact with
probation and parole agents than prison
officials.
Victims want two things from agents:
Know when offenders are on probation or
parole; protected from harassment or harm
If court ordered restitution, want it on time
Corrections to keep victim advised of
offender’s address—VINE System.
© 2016 Cengage Learning. All Rights Reserved.
Victims and Corrections Officials
Parole boards often receive criticism from both victims and victim
groups.
Typically opposed to “early release”
Want to abolish
Support determinate sentencing
Parole Boards to provide victims opportunity to appear at parole
hearing—very few victims take advantage.
VIS is included in offender’s file for the parole board to review in
making release decisions.
© 2016 Cengage Learning. All Rights Reserved.
“AND JUSTICE FOR ALL”
14th Amendment promises “equal protection
under the law” for all citizens.
Is justice blind to all groups in the pursuit of
justice?
Are all victims handled equally?
See Box 7.5—Which Victims Get Better
Treatment?
“Differential handling” needs to be researched
again to see if still persists today.
© 2016 Cengage Learning. All Rights Reserved.
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.”
By 2011, there were 12 legal clinics across the country
to boost the degree of compliance by uninformed CJ
officials.
© 2016 Cengage Learning. All Rights Reserved.
CHAPTER NINE: The Female Serial Murderer
©2016 Cengage Learning. All Rights Reserved.
To understand the emergence, societal
scope, and impact of female serial murderers
To examine cases of female serial killers and
their modus operandi and victim selection
To explore the motives and psychopathology
of female serial killers
To review the latest research on female serial
killers
©2016 Cenga ...
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