Reference no: EM131702540

Module : Victims in the System

Victims of Crime

So far we have talked about offenders in the criminal justice system. However, it is also important to understand those who are impacted by crime. While criminology is the study of crimes, their causes, and the people who commit them, victimology is the study of crime victims.

Just as it is important to know who commits crimes, it is important to understand the impact on crime victims, the different types of victimization, and the various rights and resources available to crime victims who are navigating the criminal justice system.

Anyone can be the victim of a crime. There are, however, statistics to show that some people are more likely than others to become crime victims. Go to the Bureau of Justice Statistics to view recent crime statistics. Essentially, these statistics show that the individuals who will most likely be the victims of crimes are young, minority males of a lower socio-economic status.

Additionally, as stated in the Department of Justice's Office for Victims of Crimes' 2017 National Crime Victims' Rights Week Resource Guide: Crime Trends Fact Sheet, "While the rate of criminal victimization has decreased dramatically over the past 50 years, many in the general public believe crime rates have increased." View the fact sheet to learn more about crime trends and reporting of crime.

Measuring Crime and Victims

A decline in crime rates, of course, results in a decline of crime victims. But even with this decline comes the realization that many crimes are not reported to the police. As a result, we do not have a complete picture of exactly who are crime victims.

Our knowledge of crime and victim statistics comes from two main sources, as discussed in your textbook. First, official statistics are usually presented by  the  Federal  Bureau  of  Investigation's Uniform Crime Reports (UCR). The UCR, instituted by the FBI in 1930, is the oldest system of recording crime in the United States.

The local police agencies or state agencies give their crime data to the FBI, which tabulates the data on a national level. The reporting is voluntary but, according to the UCR, more than 97 percent of local agencies comply. There are two categorizations of offenses in the UCR:

• Part I offenses: Also called index offenses, these were originally developed by the International Association of Chiefs of Police in the 1920s. They consist of four violent and four property offenses: murder (and non-negligent manslaughter), rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson, as shown in table 1 below.

Table 1 Part I offenses

Crimes Against Persons - Violent Crime           Levels
murder and non-negligent manslaughter: willful killing of a human by another human (only counts murder, non-negligent manslaughter)	includes murder and non-negligent manslaughter
rape: penetration, no matter how slight, of the vagina or anus with any body part or	aggravated: using force or threats of force (i.e. use of a weapon), causing or taking

object, or oral penetration by a sex organ of another person, without the consent of the victim	advantage of an unconscious or helpless victim or victim with mental illness or defect simple, repeat offenses, or misleading a victim about the nature of the act performed (e.g. doctor)
robbery: stealing or taking anything of value from the care, custody, or control of a person by force or threat of force	most use a handgun (armed robbery), 50 percent involve assault on victim
assault: unlawful attack, verbal or physical, by one person on another to inflict severe bodily injury (only counts aggravated assault)	aggravated: severe bodily harm occurs, often weapon involved simple: no serious injury, a misdemeanor
Crimes Against Property
burglary: unlawful entrance into a building to commit theft or another felony	if it involves a face-to-face confrontation with the offender, robbery, not burglary
larceny/theft: unlawful taking and removing of another's personal property with the intent of permanently removing it	grand/petty: based on amount of property taken; does not include embezzlement, fraud, forgery, or confrontation with victim
motor vehicle theft: unlawful taking or stealing of a motor vehicle without the authority or permission of the owner	includes boats, motorcycles, airplanes
arson: intentionally damaging or destroying or attempting to damage or destroy by means of fire, with or without intent to defraud	became Part I in 1979

 Part II offenses: These are all other offenses, including simple assaults, other sexual offenses, forgery, fraud, vandalism, embezzlement, and vice crimes such as illegal gambling, prostitution, weapons violations, alcohol/drug violations, and curfew violations.

The strength of the UCR is that it allows for comparisons among regions and cities, even though they may have very different populations. Unfortunately, it also has three significant weaknesses, which are:

• Crime is seriously underreported, and the UCR measures only the number of arrests. Many crimes are not reported to the police, particularly rape and drug use. Data given to the police for Part I offenses is from crimes known to the police and crimes "cleared by arrest or exceptional means."
• The hierarchy rule: The UCR compiles only data on the most serious offense if a person commits multiple offenses at one time. So, for example, if someone is arrested for murder, robbery, and theft, only the murder will be counted. An exception is that arson is always counted. Property and violent offenses are counted differently: violent = number of victims,

so if someone assaults three victims, it is considered three assaults. But if the person steals three wallets, this is only one count of larceny/theft.

• There are varying definitions of offenses, particularly for burglary, rape, and murder. In the UCR, burglary has a broad definition of breaking into any residence or business, but in some states burglary must take place in a residence, or there must be a break-in (open window, no burglary). Rape in many jurisdictions is still categorized only as forcible rape of a woman by a man (no female offenders nor male victims) which is narrower than the FBI's revised definition of rape. In the case of murder, there is no non-negligent manslaughter, so if a person walks into a bank with intentions to rob it and then accidentally kills an innocent bystander, it does not get counted in the statistics because it was an accident.

Because of the large numbers of unreported crimes, called the dark figure, the BJS implemented the National Crime Victimization Survey (NCVS). This is a self-report study that has shown the UCR seriously underreports the actual amount of crimes that are committed. According to the BJS, only about 36 percent of the actual amount of crime is reported to the police. Yet even these statistics are likely to be incorrect because they are based upon self-reports. Thus, there is still some likelihood of underreporting/over-reporting in certain areas.

• the offense was personal (such as a domestic dispute)
• they think that the police likely will not be able to catch the offender anyway (such as with muggings)
• they don't trust the police
• they have a fear that their own criminal behavior (e.g., drug use) would be exposed
• they have a fear that their reputation would be damaged
• they think the offender will attempt to hurt them again if they tell the police

Victims in the System

Although the criminal justice system is, ostensibly, supposed to help victims, it often causes a feeling of revictimization. In fact, some people, particularly those who are victims of violent or personal crimes such as rape or domestic violence, experience a condition of "critogenesis," which is the exacerbation or genesis of a condition by legal processes (Gutheil, 2000). In other words, the criminal justice system causes more victimization when it should be addressing, helping, or reducing victimization. This begins with the police and goes until the offender is (or, more often, is not) sentenced and back in the community.

The most underreported crime is rape, which is one of the most severe and intrusive violations against a person. This crime will likely have a lasting effect on the victim physically, psychologically, and emotionally. Additionally, there continues to be a stigma attached to victims of sexual offenses, as can be seen in the case of the accuser of pro basketball star Kobe Bryant. No one knows whether her accusation of rape is legitimate, yet many people who know Bryant or are simply fans support him despite the facts of the case. It is because of feelings of fear, embarrassment, or shame that many people do not report sexual assaults. Because this is such a sensitive crime, we can use it as an example of how rape victims are revictimized in the system. (For more information on the problem of revictimization in general, see Karmen, 2004).

The police: Rape victims are often initially reluctant to report the offense because of the personal nature of the crime. The police must interview the victim, take notes, and take photographs. It is helpful if they are trained in interviewing victims of sexual assault sensitively, and many police stations are now hiring specially trained officers for sexual offense victims (for instance, the popular television show Law and Order: Special Victims Unit shows one such component). In order to get the most accurate and thorough statement, however, the police may come across as interrogating victims, who may think that the police are lacking in sensitivity or do not believe their story.

Additionally, victims sometimes forget details of the crime when they are explaining to the police what happened. The police should not consider this, or any emotional outbursts, the result of a false allegation, but rather the effects of a severe trauma. The victim may also go to the hospital, because it is important to examine the victim and gather evidence relating to the offense. Because the medical examination must be thorough, it is generally quite intrusive and victims may spend several hours at the hospital while the staff treats them both medically and psychologically (New York City Alliance Against Sexual Assault, 2001).

The court system: There are many ways in which the victim may feel revictimized by the court process, beginning with the fact that there are several stages in this process and the case can be dropped or settled through plea negotiations at any stage. At the offender's initial appearance, the judge makes a decision about pre-trial release. Unless the case is very serious, such as rape of a stranger using excessive violence, it is likely that the defendant will be released either on his or her own recognizance or on bail.

The prosecutor then has the discretion to determine whether there is evidence to indicate that the defendant committed the offense and, if so, what the charges will be. If the prosecutor decides to proceed, and there is probable cause to continue to a trial, the defendant is arraigned and enters a plea. Most defendants plead guilty at this stage with the offer of a plea bargain; however, for those who plead not guilty, the case goes to trial. If the case is not dismissed at some point before going to trial, the trial will probably take place many months or even years after the offense occurred, because of overcrowding in the system.

Because there are rarely witnesses to the offense, most victims have to testify against the offender and be cross-examined by the defense. Due to the high standard for conviction in criminal cases- proof beyond a reasonable doubt-sex offenders are rarely convicted if the case is based solely upon the victim's testimony, which typically contradicts that of the only other witness, the defendant. Despite rape shield laws, which prohibit the defense from bringing up the character or sexual history of the victim (including the victim's previous sexual partners, preferred type of clothing, occupation), the defense attempt to get around these laws by asking questions that are indirectly linked to the victim's character and may produce bias against the victim. Defense lawyers may try to get victims to offer statements about their personal or sexual life, after which the lawyer can ask any questions relating to the information offered.

It is important to understand that the prosecutor represents the government's interest of the people, not the individual victim. Sometimes the interests of the government may conflict with the interests of the person who was harmed by the crime. Recognizing the important of crime victims' participation in the criminal justice process, victims are now able to have their own crime victims' rights attorneys represent their independent interests in criminal prosecutions. Every state and territory has some semblance of victims' rights laws and several states have even passed constitutional amendments recognizing the importance of these rights.

The correctional system: The most common sentence given is one of probation, and 60 percent of sex offenders serve their sentence in the community. So the victims of sexual offenses, who feel violated, ashamed, and were likely embarrassed to report the offense to begin with, must understand that it is unlikely their attacker will serve a prison sentence. For those who do, the sentence is generally not a long one, and 98 percent of rapists will eventually be released from prison and again live in the community. This often leads to fear in the victim.

Toward a Victim-Centered System

Overall, the system is an offender-oriented one. However, some communities have implemented a restorative justice "containment approach" for some crimes. This is a collaborative strategy between the offender and victim agencies involved in the criminal justice system. The aim of this approach is to help the victim feel whole again, and so the emphasis is on what is best for the victim rather than the offender. This approach has five components (See English, Pullen, and Jones, 1997, for an explanation of the containment approach and sex offenders):

• Community and victim safety. The main concern should be the protection and recovery of the victim as well as the well-being of the community.
• Individualized case management system. Each case is different, and the supervision and management of each offender should be tailored to the specific case.
• Collaboration: a multidisciplinary approach. This is the most important category in the containment approach process. Although each agency must use its own procedures, the supervising teams must collaborate on management strategies.
• Consistent public policies. Public policies must be "informed, clear, and consistent." It is particularly pertinent for prosecutors to develop consistent strategies in the courtroom by disallowing plea bargains against the wishes of the victim.
• Quality control. There must be an evaluation of the system in place to see if the policy implemented results in effective management.

References

English, K., Pullen, S., and Jones, L. "Managing adult sex offenders in the community: a containment approach." NIJ Research in Brief. Washington, D.C.: Department of Justice, National Institute of Justice, 1997.

Gutheil, T.G.  "Preventing  critogenic  harms:  minimizing  emotional  injury  from  civil litigation." Journal of Psychiatry and the Law, 28:5-18, 2000.

Karmen, A. Crime Victims: An Introduction to Victimology, 4th ed. Belmont, CA: Wadsworth, 2004.

New York City Alliance Against Sexual Assault. Comprehensive Sexual Assault Treatment Programs: A Hospital-Based Model. New York, 2001.