Ecological considerations in victim reporting to the police

A review of recent criminological literature suggests that different systems of social control operate across the urban-rural dimension. Specifically, it is expected that victims in urban areas will report crimes to the police at a higher rate than victims in surburban and rural areas. Moreover, it is anticipated that urban, suburban, and rural victims will have different reasons for not reporting the crime. In this paper these issues are examined empirically using the National Crime Survey victimization data. These data show that, contrary to theoretical expectations, the extent of victim reporting does not vary across the urban-rural dimension for the crimes of rape, robbery, assault, and personal larceny. Characteristics of the offense, notably seriousness, are shown to be more important in victim reporting than the extent of urbanization. In addition, these data indicate that victim residence in conjunction with type of crime and victim-offender relationship has an influence on the reasons selected by victims for not reporting the crime to the police.     

Crime Reporting Decisions and the Costs of Crime

The paper develops a model of crime reporting based on an economic approach. It identifies the principal costs and benefits of reporting from the victim’s perspective, taking account of insurance provision and the risk of intimidation by an offender. It shows how a victim might use backward induction to infer a rational reporting strategy. The recording of crime by the police is a process that relies on victim reports, and is thus influenced by the reporting decisions made by victims. The paper uses empirical evidence from the British Crime Survey and from the International Crime Victims Survey to explore the hypotheses generated by the model. It finds support for the suggestion that the propensity to report a crime increases with the size of the loss entailed. The paper also explores the implications of the findings for the estimation of the costs of crime. Reporting and intimidation costs are generally excluded from bottom-up estimates of costs, an omission that may be quite serious in the context of offences such as domestic violence.     

论第三者侵犯配偶权的法律责任

第三者破坏他人的婚姻家庭,影响社会的和谐稳定.但是目前我国法律仅有关于第三者刑事责任的规定,且不尽完善,而尚无关于第三者侵犯配偶权的民事责任和行政责任的规定.第三者的行为符合一般侵权行为的构成要件,应当承担侵权的民事责任.第三者与有配偶者的姘居行为具有严重的社会危害性,应当以破坏婚姻罪论处.此外,第三者与有配偶者的通奸行为扰乱了社会治安秩序,应当承担行政责任.建议我国立法机关尽快修订相关法律,明确规定第三者侵犯配偶权的民事责任和行政责任,完善第三者的刑事责任.     

权利外观与诈骗罪认定

行为人利用虚假的权利外观实施表见行为,第三人对外观产生合理信赖,向行为人给付对价并取得相应财产,根据权利外观理论,民法对第三人财产予以保护,不利后果转由真实权利人承担。但是,刑法的价值取向、司法解释的相关规定以及法律关系强行转换导致的处罚漏洞,阻断了将该理论适用于犯罪认定的现实可能。在规范层面将财产损害分为损害发生与损害分配,刑民对损害发生的认定相互契合,均将第三人作为表见行为的直接被害人;与此同时,刑法对损害分配不作评价,在法律事实的相对性层面,刑民又各自分立。第三人是遭受财产损失的刑事被害人,在善意取得、表见代理的案件中,行为人通过隐瞒自己并非真实权利人的事实,致使第三人陷入认识错误交付财物,成立诈骗罪。     

OFFENDER–VICTIM INTERACTION AND CRIME EVENT OUTCOMES: MODUS OPERANDI AND VICTIM EFFECTS ON THE RISK OF INTRUSIVE SEXUAL OFFENSES AGAINST CHILDREN*

Criminological research has shown the relevance of examining offender–victim interaction and related factors to understand crime event outcomes. In sexual offenses against children, an obvious lack of knowledge exists regarding this issue. From a criminological perspective, we seek to improve our understanding of the offender–victim interaction in sexual offenses against children and, in particular, what factors might increase the risk of a more intrusive offense. We argue that modus operandi strategies play a central role in crime event outcomes and examine this hypothesis with data obtained from a semistructured interview conducted with offenders. As expected, modus operandi was found to have a strong effect on crime event outcomes, especially victim participation during sexual episodes. Victim effects also emerged from the analyses. Specifically, a strong interaction effect between age and gender of the victim was found for victim participation, which suggests that as the victim gets older, offenders are more likely to make their victim participate in sexual episodes when abusing a male victim but are less likely to do so when abusing a female victim.     

Influence of acculturation strategies on the judgement and punishment of an offender of North African descent

Very few studies have examined the influence of the acculturation strategies of an offender of foreign descent on the way a third party judges the personality and action of that offender. The aim of our study was thus to measure the effect of three variables (Seriousness of the harm suffered by the victim; Type of acculturation strategy of the offender; Level of Social Dominance Orientation [SDO]) of the person making the judgement) on the judgements and decisions made by a sample of students faced with a situation of physical aggression committed by a man of North African descent living in France. After reading a scenario describing a criminal act committed by a man of North African descent, who had or had not adopted French culture, 168 French students completed a judgement scale concerning the criminal act and the offender and an SDO scale. The results show that the crime was perceived as less serious when the perpetrator had adopted French culture than when he had not. The perpetrator was also judged less severely. Participants with higher levels of SDO advocated harsher punishment and attributed the crime to the offender’s personality. We discuss these results and identify new avenues for research.     

Reporting to the police in western nations: A theoretical analysis of the effects of social context

One of the most consistent findings in empirical studies using victimization data is that the decision to report victimization to the police is determined in large part by the seriousness of the crime. The police will be notified more often of crimes that involve more serious injury or greater monetary loss. These findings, however, may be due to the fact that most studies on reporting have been conducted using victimization surveys that devote a great deal of attention to the crime event and victim characteristics and much less to the social context of that event. As a result, influences on reporting operating at the neighborhood, jurisdiction, or nation level have been neglected. The aim of this paper is to bring social context into the discourse on reporting to the police by presenting a much more inclusive model of crime reporting. In addition, the influence of four aspects of macro-level social context on reporting are tested—the perceived competence of the police, institutionalization of insurance business, norm of conformity, and level of individualism—by merging incident-level data from the International Crime Victims Survey (ICVS) for 16 Western industrialized countries with nation-level data from various sources. Hierarchical logistic modeling is used to analyze the nested data. The perceived competence of the police has a positive effect on whether property crimes are reported.     

A longitudinal analysis of factors associated with reporting violent crimes to the police

The use of generalized estimating equations and time-series methods for fitting longitudinal models in the National Crime Victimization Survey (NCVS) is discussed, with reference to the relation between the reporting of a violent crime to the police and previous victimizations. Two longitudinal models are fit to NCVS data to predict the likelihood of reporting a violent crime to the police based on characteristics of the victim and the incident and based on previous victimization experiences. In both models, it is found that higher reporting rates are associated with positive results accruing from reporting previous victimization to the police.     

Racial Context and Crime Reporting: A Test of Black’s Stratification Hypothesis

Contextual factors that contribute to race differences in reporting crime to the police are an important element in Donald Black??s theory of the behavior of the law, yet few studies have investigated whether these differences vary depending on social context. The present study investigates whether the relationships between victim and offender race and the reporting of crime are moderated by the level of racial stratification in a given place as Black??s stratification hypothesis would predict. Using victim survey data from 40 metropolitan areas, as well as data from other sources, we find results that are consistent with Black??s stratification hypothesis, namely, that victim and offender race are more strongly associated with the reporting of crime in those metropolitan areas where the gap in economic status between blacks and whites is larger and the groups are more residentially segregated. The theory, however, is unable to account for the high rates of reporting of black-on-black assaults found across the 40 metropolitan areas. The question of how the needs of black victims may outweigh their reluctance to call the police is an important issue for future research.     

Reporting violence to the police: Predictors through the life course

Scholarship focused on factors that influence police reporting has a long history in the literature. Yet we lack a complete understanding of how these factors differentially influence reporting by age.

Purpose

This paper aims to enhance our understanding of underreporting by investigating the relationship between reporting and age, and how this relationship differs by crime type. The study further investigates whether a variety of characteristics differentially influence reporting across the life course. Finally, the study asks how the nature of reporting varies by the victim's age.

Methods

National Crime Victimization Survey (NCVS) data were used to assess whether there are age-related differences in the factors influencing the rate and nature of police reporting.

Results

The findings suggest that the rate of reporting differs by crime type but that it generally increases throughout the life course. The influence of incident, victim, and offender characteristics on police reporting varies, not simply between juveniles and adults, but also between young and older adults. The proportion of incidents reported to police by the victim his/herself also continues to increase with age.

Conclusions

This suggests that disparities in police reporting cannot be reduced to juvenile-adult comparisons and should be studied across the full life course.     

The fear of reprisal and the failure of victims to report a personal crime

Most people who fail to report their victimizations to the police state either that the incident was not serious enough to warrant official attention or that nothing could be done. However, a small proportion of victims states that they did not report because of their fear of reprisal. Based on National Crime Panel victimization data, the offense and personal characteristics of these victims are contrasted with the total victim and nonreporting victim populations. Contrary to the general reasons for not reporting a crime, several personal and offense characteristics are related to reprisal. For instance, reprisal is more often a factor in personal victimizations where victims are female and acquainted with their offenders. The more dangerous the incident, the more often reprisal is the stated reason for not calling the police. The results of the analysis strongly suggest that in certain social environments the fear of reprisal is a major factor in the reporting of crime.     

THE VICTIM-OFFENDER RELATIONSHIP AND CALLING THE POLICE IN ASSAULTS*

The revised National Crime Victimization Survey is used to examine the effects of the victim's relationship to the offender on whether assaults are reported to the police by either the victim or by third parties. The results indicate that the offender-victim relationship affects third-party but not victim reporting. The former effect occurs in part because third parties are unlikely to witness assaults involving people in ongoing relationships, particularly couples, and in part because third parties are reluctant to report minor assaults (i.e., those assaults that involve a threat but no actual attack and no weapon). We discuss possible explanations for why no effect of relationship on victim reporting was found.     

Review of The Victim of a Crime

Theoretical treatment of questions pertaining to the individual victimized by a crime and his behavior and role in the commission of the crime is essential for purposes of practical struggle with crime and for crime prevention. This book not only centers its attention on this subject, important for theory and practice, but also contains a further development of the subject. The authors have chosen to study questions pertaining to the victim, analysis of which was furthered by the completeness with which the subject is dealt with, the high level of scholarship, and the practical usefulness of the approach. Moreover, they did not confine themselves to questions relating to purely legal disciplines but examined a range of social relationships (criminological, psychological, and moral). The book interprets the concept of victimization-prone as "the possibility of becoming the sufferer from a crime in a situation when the outcome could, objectively, have been prevented" (p. 13). It would appear to us that the most successful aspect of the book is the treatment of the qualities and actions of the citizen leading to his being a victim and, consequently, placing him in the position of a damaged party.     

Contesting policy that undermines restorative justice for victims of crime☆

A policy provision in the Criminal Victim Assistance Program in British Columbia excludes the offender from participating in restorative justice approaches with the victim (and other affected parties) during counseling. A historical analysis of victim responses to crime shows that the victim experience to crime is socially constructed. In this regard, this policy act that excludes offenders from the victim healing process is consistent with a traditional approach to justice, which understands the offender to have committed a crime against the state, not the victim; however, separating the offender from the healing process is problematic within a restorative framework of justice where relationality is a central premise. Using a restorative lens, this policy act is contrary to an accompanying statute that has explicit provisions for counseling support for crime victims, as well as other statutes that provide for restorative responses to crime in Canada. The way we counsel and support victims from the harms created by crime cannot be separated from our view of justice.     

The Organizational Context of Legal Control

This article examines interorganizational variation in determinants of police arrest decisions. Drawing on Wilson, we identify four types of police agencies by cross-classifying levels of bureaucratization with professionalism. Evidence from the analysis indicates that factors influencing arrest decisions are conditional on the organizational contexts in which such decisions occur. In different types of police agencies, officers respond to similar situations differently. Hence, "global" decision-making models are we incomplete than incorrect. We argue that consideration of the contexts within which discretion is exercised is necessary for advancing our understanding of decision-making in justice system agencies.     

The core of pure economic loss

Should loss of earnings be compensated? The established law and economics wisdom considers pure economic loss as a transfer of wealth from the victim to a third party, whose earnings increase as a consequence of the accident. Such transfers do not amount to a social loss and, hence, should not be compensated. We revisit these arguments and show that the social loss should be calculated by taking into account that: (a) pure economic loss often involves impairment costs resulting from the fact that valuable resources cannot be temporarily used and (b) the third-party earnings come at the cost of increased capacity. This increased capacity mitigates the expected harm and, hence, is a form of precaution. By taking into account these factors, we show that most pure-economic-loss cases do result in a socially relevant loss. In addition, we argue that the absence of a social loss is a necessary, but not sufficient, condition for the denial of compensation. The victim (or a third party) may have actually paid for protection against purely private losses. Thus, compensation should be awarded irrespective of whether national law treats the case under tort or contract (where compensation is undisputed). Finally, we offer considerations on the optimal design of liability rules.     

When Should the Police Investigate Cases of Non-recent Child Sexual Abuse?

Non-recent child sexual abuse (CSA) and child sexual exploitation (CSE) have received recent attention. Victims often do not report their ordeal at the time the incident occurred, and it is increasingly common for agencies to refer concerns to the police years, or decades, after the event. The combination of the non-recent nature of the offence, the lack of engagement by the (potentially vulnerable) victim, and the huge resource burden of investigation make deciding whether to proceed with investigation complex and ethically challenging. Although there will always be a presumption in favor of investigation, for some cases the reasons against investigating will outweigh this presumption. We examine the considerations at stake in making a decision about whether to make contact with the victim and proceed with investigating a particular non-recent CSA case. Arguing for a “broad rights” approach, we identify considerations relating to (1) the victim, (2) criminal justice and crime prevention, (3) limited resources, and (4) legitimacy. We argue that, all other things being equal, non-recent and current investigations are equally worthy of investigation. We assess the implications of suspects being persons of public prominence. We outline a principled decision-making framework to aid investigators. The Oxford CSA Framework has the potential to reduce unnecessary demand on police resources.     

Differentiating identity theft: An exploratory study of victims using a national victimization survey

Despite the widespread attention given to identity theft, there is much confusion on how best to define and measure it. Recent attempts to measure its extent through victimization surveys or law enforcement files have varied considerably in the types of crimes included as identity theft. Some studies include credit card fraud, while others exclude it. This inconsistency in data collection has made it difficult to assess properly the extent of the crime. The current study uses data from the National Public Survey on White Collar Crime to determine the degree to which including credit card fraud as a type of identity theft affects victim profiles encompassing demographic characteristics, risky activities, and reporting decisions. Specifically, we compare victim profiles for victims of existing credit card fraud, new credit card fraud, and existing bank account fraud. Findings from our exploratory study suggest that including existing credit card fraud may obscure the fact that those who are female, black, young, and low income are disproportionately victimized by existing bank account fraud, which is the type of identity theft most financially damaging and most difficult to clear up for individuals.