被害情境下的被害人与个人预防

在犯罪被害人学出现之前,学者们对犯罪的研究主要集中于"犯罪人"身上.在加害与被害互动理论的推动下,越来越多的学者将目光转向在犯罪现象中与犯罪人有着某种互动关系的被害人身上,犯罪被害人学应运而生.没有被害就没有犯罪,在很多情况下,被害人自身所具有的被害性(尤其是特殊被害性)会加功于某种被害情境的营造,最终促进了被害的发生.被害预防是与犯罪预防优势互补的预防体系,从被害人的角度出发,通过减少被害性因素,使潜在的犯罪被害人和重复被害可能性的被害人免于被害或重复被害.     

著作权犯罪被害人研究

在对1387例自然人和591例法人进行调查的基础上,探讨著作权犯罪被害人的相关被害特征、被害人与犯罪人的互动关系、被害人对被害发生的促成性因素、被害人对其自身责任的认知状况、被害人被害之后的权利维护等问题,并从对被害进行控制的角度检讨现行的知识产权政策,力图以被害人为中心构筑控制著作权被害和保护著作权权利人合法权益的对策体系.     

从“被害人学”角度看《红楼梦》中数人物致害的不良心理

“犯罪被害人学”是以科学地探讨在犯罪发生时,被害人起着什么样的作用,被害人的态度或行为与诱发犯罪有何种关系,以及被害预防等为目的的学科。本文尝试从被害人学的角度来探讨《红楼梦》,从招致损害的不良心理角度着眼,简单评析《红楼梦》中的数个人物。或许能借古以喻今,为现实生活中人的处事行为树一面镜子,尽量减少损失困苦,防止被害,起到一个警示借鉴的作用。     

我国被害人学研究的回顾与展望

被害人学是一门新兴学科,20世纪80年代我国才开始研究.进入新世纪以来,我国被害人学领域取得了丰硕成果,在被害人诉讼地位、被害人权利、被害人补偿、被害人援助、被害预防等方面有了新进展.同时,我国被害人学研究中还存在一些不足.只有对当前被害人学研究状况进行科学地分析和评价,才能不断推动我国被害人学发展.     

透析被害人过错及其对反犯罪的作用

通过对犯罪行为中被害人责任程度划分,分析被害人被选择标准、被害原因及犯罪被害人的被害人化,探讨以犯罪人为中心的现行刑法的缺陷及研究被害人过错对准确定罪量刑的意义,提出被害预防和打击犯罪的建议,使之在反犯罪中发挥作用.     

潜在被害人的范围、类型及性质

随着被害人学的发展,被害与被害人等研究范畴逐渐纳入犯罪学的视野。在犯罪学及被害人学中,根据被害人是否遭受犯罪侵害,可将被害人分为现实的被害人和潜在的被害人。潜在被害人研究的一项理论基础或预设在于:社会     

防控犯罪理念的转变:从犯罪预防到被害预防

正传统的犯罪预防理论主要致力于消除犯罪人因素,但世界范围内高涨的犯罪率证明这条道路艰难而且成效甚微。随着近年来出现的"重新发现被害人"的潮流,在刑事法领域考量被害人因素的动向日趋明显,从犯罪被害人的角度预防被害以控制犯罪,受到越来越多学者的关注。从被害人的角度预防被害,就是在研究被害的各种因素的基础上采取的以被害人为核心的防范犯罪被害的各种措施。实践中的很多案件中,被害人虽然未被视为犯罪产生的原因,但被害人方面的     

知识产权犯罪单位被害人责任研究

犯罪是加害与被害之间互动的产物,对知识产权犯罪的研究应当引入被害人责任的视角.通过对知识产权犯罪单位被害人的调查,分析被害人对被害现象产生的影响,指出通过被害预防实现知识产权保护的可行性.     

受害女童感受“法律阳光”心理扶慰传递司法温暖

近日，北京市朝阳区法院少年庭在审理一起备受媒体关注的寻衅滋事案时，邀请朝阳区具有心理抚慰专业资质的女律师对该案被害女童进行了心理疏导和抚慰，这是北京市朝阳区法院于2013年5月底成立“法律阳光工作室”后首次对涉案未成年被害人进行的心理干预。     

女性性被害过错之研究

根据女性性被害的过错，可分为七大被害类型。研究女性性被害人过错的表现形式，进而剖析被害人的深层意识；旨在通过被害预防来达到预防犯罪的目的。     

Mental health in violent crime victims: Does sexual orientation matter?

The present study investigates victim sexual orientation in a sample of 641 violent crime victims seeking emergency medical treatment at a public-sector hospital. Victim sexual orientation was examined as it: (a) varies by type of violent crime and demographic characteristics, (b) directly relates to psychological symptoms, and (c) moderates the relationship between victim and crime characteristics (i.e., victim gender, victim trauma history, and type of crime) and psychological symptoms (i.e., symptoms of acute stress, depression, panic, and general anxiety). Results showed that lesbian, gay, bisexual, and transgender (LGBT) victims were more likely to be victims of sexual assault. Heterosexual victims were more likely to be victims of general assault and shootings. LGBT victims demonstrated significantly higher levels of acute stress and general anxiety. Moreover, victim sexual orientation moderated the association of type of crime with experience of panic symptoms. Also, victim sexual orientation moderated the relation of victim trauma history and general anxiety symptoms. Results are discussed in relation to victimization prevalence rates, sexual prejudice theory, and assessment and treatment of violent crime victims.     

Exploring the psychological and somatic impact of identity theft

Identity theft is a new and growing form of white-collar crime. This exploratory study examined the psychological and somatic impact of identity theft and coping methods utilized by victims. Thirty-seven victims of identity theft participated in regional victim focus groups. Participants completed a victim impact questionnaire designed by the authors and the Brief Symptom Inventory-18 (BSI-18). The majority of participants expressed an increase in maladaptive psychological and somatic symptoms post victimization. Results on the BSI indicated that identity theft victims with unresolved cases, in contrast to those with resolved cases, were more likely to have clinically elevated scores when compared with a normative sample. Relatively similar coping mechanisms were utilized across victims. The results from this study suggest that victims of identity theft do have increased psychological and physical distress, and for those whose cases remain unresolved, distress is maintained over time.     

Long-term psychological distress associated with marital rape and aggravated assault: A comparison to other crime victims

This study compared four groups of women who reported being the victims of a single violent crime (total N = 47) and a group of non-victimized women (N = 96). Victims were divided into groups based on the type of assault (rape vs. aggravated assault) and the identity of their assailant (husband vs. stranger). The groups were compared on measures of psychological functioning and symptoms of Post-Traumatic Stress Disorder. Crime victims reported higher levels of psychological distress than did the non-victimized women across a variety of symptom areas. There were no group differences among the four victim groups on any of the measures. Women assaulted by their husbands were more likely to report that the assault was one of a series of similar attacks. Victims of aggravated assault were more likely than rape victims to report that they feared for their lives during the assault. Results are discussed with respect to societal views on the comparative severity of marital and stranger assaults.     

Who wants to be an ideal victim? A narrative analysis of crime victims' self-presentation

The aim of this article is to analyse how self-presentation is performed in victim narratives and what possible variant features are present in the narratives. This is examined by means of narrative analyses of face-to-face interviews with crime victims (n = 6). The narratives were grouped into two categories: 1) narratives about the crime victim as an established citizen, and 2) narratives about the crime victim as an outsider. How the narrators presented their status in society was relevant for how they understood the offender, the crime, and Victim Support. Importantly, the interviewed victims did not construe themselves as ‘ideal victims’ as they all projected personal strength in their self-presentations. Furthermore, the victim narratives normalized (rather than idealized) the victim while construing the offender as in need of treatment. The article concludes by discussing future research needs and the role of victim self-presentations for psychological well-being and trust in the criminal justice system.     

Understanding Victim Support as Crime Prevention Work: The Construction of Young Victims and Villains in the Dominant Crime Victim Discourse in Sweden

Starting from the observation that a new victim category has emerged in the form of the ‘young crime victim’, this article explores the notion of support to young crime victims as crime prevention work, considering it as an important constituent of the dominant crime victim discourse among support professionals. In the context of the support work, the (young) ‘victim’ and the (young) ‘villain’ provide mutually necessary counterparts constructed in relation to each other. Corresponding to this division, two approaches in criminal and crime prevention policy and practice are then analysed using Garland's notions of ‘the criminology of the self’ and ‘the criminology of the other’. The first of these strategies is generally associated with rehabilitative measures (with the resulting normalization of the crime, its victims, and villains), while in the second punitive measures remain the norm (with the crime, its victims, and villains becoming ‘Otherized’). Yet, as shown within the context of rehabilitation organized as support to young crime victims, both of these (at first glance mutually contradictory) discourses are drawn upon and operationalized by the professional support staff constructing images of young victims and villains in their daily work. Help-seeking youths resistant to identifying as victims remain represented as (possible future) villains.     

The Effect of Gender of Perpetrator and Victim on Perceptions of Psychological and Physical Intimate Partner Aggression

Most studies of third-party perceptions of intimate partner violence focus on heterosexual relationships and report that male-to-female aggression is perceived more negatively than female-to-male. Since gender of aggressor and gender of victim are consistently confounded in these portrayals, it is not clear whether the gender of the aggressor or the gender of the victim accounts for the effect. The present research manipulated gender of perpetrator and victim to unravel this confound. Two hundred and fifty one participants (166 females) read scenarios involving psychological or physical aggression between two males, two females, or a male and a female. Participants reported their perceptions of the encounter and the character and emotional reactions of the individual couple members. Physical aggression was evaluated more negatively than psychological aggression. Participants evaluated the encounter and the perpetrator and victim in a manner consistent with stereotypical gender roles, revealing more concern for female than male victims and greater denigration of male than female perpetrators. These results have implications for programs aimed at the reduction of intimate partner violence and the services and programs developed for perpetrators and victims.     

A comparative model of the psychological effects on the victims of state and anti-state terrorism

This paper has examined and compared the psychological impact of both state and anti-state terrorism on the victim. In this regard, three dimensions to this issue were discussed: (a) the effects that are common to anti-state terror and state-terror; (b) the effects that are unique to anti-state terror; and (c) the psychological effects and sequelae specifically associated with state-terror. Given the paucity of empirical research together with the complexity of the subject matter, definitive statements are difficult to advance. Despite this, however, a number of tentative conclusions can be made. With respect to psychological reactions during the incident, many similarities seem to hold for victims of a hostage-taking, concentration camps, and torture. That is, the incident begins with a period of initial shock accompanied by extreme fear and anxiety. This is followed by a phase characterized by outward acceptance of the perpetrator's control while inside the victim is experiencing extreme fright. Gradually, a period of adaptation sets in, whereby the victim may resort to a number of coping strategies. Although similarities continue after the incident--the post-traumatic stress syndrome, for example--the intensity and duration of psychological sequelae appear to be much greater in victims of state-terror. Given the extreme brutality that invariably accompanies state-terror, this is not surprising. While the methods of anti-state terrorists may take a number of different forms, usually their resources and techniques are limited in comparison to state-terror. It is only more recently in the Middle East that anti-state terrorists more routinely are engaging in long-term detention and torture of victims. On the other hand, regimes that employ state-terror have a wide range of violent techniques at their disposal, most importantly concentration camps. It appears that prolonged physical and emotional violence combined with little hope of relief or escape is critical to understanding why victims of state terrorism are more likely to suffer more serious mental disorders than victims of anti-state terrorism.     

被害人有过错的故意杀人罪的死刑裁量研究——从被害与加害的关系切入

故意杀人罪是最典型的有被害人的犯罪。被害人加害在先引起他人加害 ,或被害人激化矛盾引起他人加害属于被害人有过错的故意杀人罪。在故意杀人罪死刑裁量中 ,被害人的过错是酌定从轻处罚情节。司法解释确立了“被害人一方有明显过错或对矛盾激化负有直接责任的故意杀人罪 ,一般不应判处死刑立即执行”的规则 ,但在司法实践中对被告人量刑时往往不予考虑。为了减少和限制故意杀人罪的死刑适用 ,在立法上有必要将被害人的过错这一酌定情节法定化。     

The measurement of concern about victims: Empathy,victim advocacy and the Victim Concern Scale (VCS)

Purpose . In a series of studies, the authors developed the Victim Concern Scale (VCS) to assess levels of concern for diverse types of crime victims. The goal was to derive a psychometrically sound instrument and to assess victim concern in relation to other crime‐related attitudes and victim advocacy endorsements. Methods . Through several scale iterations, participant responses to the VCS were examined. Participants also completed measures of empathy and provided judgments about specific victim/crime scenarios. In addition, in two large samples (college [N = 276] and community [N = 478]), victim concern was compared with other attitudes, attributions and participant demographics. Results . Participants readily distinguished among different victims. Four factors emerged from the VCS. Raters endorsed the highest levels of concern for victims of violent crimes and the lowest level for ‘culpable’ victims. Women and older respondents showed higher levels of concern across all categories of victims. Both victim concern and emotional empathy influenced advocacy responses to victimization. Victim concern was unrelated to such traits and attitudes as authoritarianism, political ideology or punishment goals; moreover, a high level of concern for victims did not preclude endorsement of rehabilitative goals for offenders. Conclusions . The VCS appears to be a valid instrument for assessing levels of concern for victims. It differs meaningfully from measures of general empathy. The VCS could be used to assess differential attitudes across demographic groups or as a measure of change following exposure to educational or other persuasive intervention.     

The Time Course of Repeat Intimate Partner Violence

This study examines the time course of repeat victimization by assessing whether the opportunity for victim/offender contact influences the time lapse between successive incidents of intimate partner violence. Several measures of opportunity for victim/offender contact are used, including cohabitation, co-parenting, restraining order status, and victim unemployment. The study finds that some victims (i.e., those who live with the offender) are at risk of repeat victimization in a shorter period of time than other victims. However, the study yields conflicting findings about the relationship between other opportunity variables (i.e., co-parenting and victim unemployment) and the time lapse between successive incidents of intimate partner violence. Policy implications are discussed and suggestions are offered for future research on repeat intimate partner violence.