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.     

Psychiatric diagnosis as a risk marker for victimization in a national sample of children

Research examining childhood abuse has shown an association between victimization and psychiatric diagnoses (e.g., posttraumatic stress disorder, depression). Historically, psychiatric diagnoses have been emphasized as a consequence of victimization, with less research examining if it also functions as a risk factor for further victimization, perhaps making diagnoses a general victimization risk marker. In addition, much of this research has emphasized particular types of victimization such as childhood physical or sexual abuse. Researchers have given less attention to other forms of victimization (e.g., peer victimization, witnessed violence) or a diverse victimization history. Using the Juvenile Victimization Questionnaire (JVQ) we surveyed parents and children between the ages of 2 and 17 using a random digit dial (RDD) methodology. We examined the relationship between a number of different forms of victimization (termed poly-victimization ) in the preceding year and parent-reported lifetime psychiatric diagnosis. Results show that children with a psychiatric diagnosis have significantly higher rates of victimization than children without a psychiatric diagnosis. In addition, using logistic regression models, we find that psychiatric diagnosis was associated with increased risk for poly-victimization, conventional crime victimization, maltreatment, peer or sibling victimization, and witnessing violence, but not sexual abuse. The results highlight the need to consider psychiatric diagnoses as a risk marker for past and possible future victimization. In addition, the importance of obtaining a comprehensive and more diverse victimization history when working with children is highlighted.     

Fraud victimization: Risky business or just bad luck?

Victimology theory recognizes that the characteristics, attitudes, and behaviors of potential victims influence the likelihood of criminal victimization. An important question for victimologists is whether potential victims put themselves at risk by engaging in risky behavior or whether victimization is primarily a result of bad luck. While this question has been investigated extensively with respect to street crime victimization, little attempt has been made to apply it to victimization by fraud. This article investigates the influence of attitudes toward financial risk taking on the likelihood of fraud victimization. Using data from a telephone survey of 400 randomly sampled respondents, we find that age and attitudes toward financial risk taking are significantly related to the likelihood of attempted victimizations but not to successful victimizations.     

Personal fraud victims and their official responses to victimization

The bulk of the research on predatory crime focuses on characteristics, profiles, and patterns of offenders. This information is important, but from the perspective of police agencies, information about the victims of predatory crimes, including victims of white-collar predatory crimes, and how they officially respond to victimization is also important. Using survey data from a random sample of 400 residents of Knox County, Tennessee, we investigated the characteristics of victims of thirteen different types of fraud. After dividing individuals into categories of non-victims, one-time victims, and repeat victims, we develop profiles of personal fraud victims by examining differences in key demographic and offense characteristics. Next, we investigate the official reporting behavior of victims. The results are instructive for police agencies as they highlight common characteristics of fraud victims and suggest methods for encouraging fraud victims to report their victimization to police.     

Examining What Makes Violent Crime Victims Unique: Extending Statistical Methods for Studying Specialization to the Analysis of Crime Victims

Objectives

Much victimization research focuses on specific types of crime victims, which implies that the factors responsible for some victimization outcomes are distinct from others. Recent developments in victimization theory, however, take a more general approach, postulating that victimization regardless of type will share a similar basic etiology. This research examines how and whether the risk factors that are associated with violent victimization significantly differ from those that predict nonviolent victimization.

Methods

Using data from 3,682 Kentucky youth, we employ Osgood and Schreck??s (2007) Item Response Theory-based statistical approach for detecting specialization to determine the properties and predictors of tendencies for individuals to fall victim to specific types of crime.

Results

Findings show that victims typically experience varied outcomes, but some victims have a clear tendency toward violent victimization and that it is possible to predict this tendency.

Conclusions

The findings indicate that a more nuanced general approach, one that accounts for tendencies toward specific victimization outcomes, might add insight about the causes of victimization. This research also shows how statistical methods designed to examine offense specialization can add value for research on victimization.     

Secondary Victimization of Crime Victims by Criminal Proceedings

It is conceivable that criminal proceedings cause psychological harm to the crime victims involved, that is, cause secondary victimization. To investigate this hypothesis, negative and positive effects of criminal proceedings were investigated, as perceived by 137 victims of violent crimes who were involved in trials several years previously. Trial outcome and procedure variables were measured as potential causes of secondary victimization. Results show a high proportion of victims reporting overall negative effects. Powerful predictors were outcome satisfaction and procedural justice, but not subjective punishment severity, interactional justice, and psychological stress by criminal proceedings. The practical implications of the results pertain to whether victims should be advised to report the crime to the police or not, and to appropriate prevention and intervention measures of secondary victimization by criminal proceedings.     

Service Providers’ Knowledge and Perceptions of the Legal Service Needs of Crime Victims

Currently, there is an expansive body of victimization literature within the criminal justice field, which covers a number of essential topics such as victimization trends and patterns, short-and long-term effects of victimization, as well as specific effects of intimate partner violence and sexual assault victimization. Despite the variety of topics examined by empirical research, there is a noticeable lack of discourse pertaining to civil legal services for crime victims. This study is among the first to take a close look at civil legal services for victims by exploring three uncharted areas including: (a) service providers’ knowledge of civil legal services, (b) the legal needs of crime victims and available services, and (c) barriers between victims and accessing civil legal services. Using quantitative and qualitative data from interviews with service providers, policy implications and future research recommendations are discussed.     

Electronic jail revisited

Our study examines the prevalence and consequences of criminal victimization in a quota sample of homeless adults. This already besieged population experienced considerably higher rates of victimization than the general population and those in poverty. A majority of homeless victims could not identify their offender and were the victims of a violent crime. Although we found clear differences between the homeless and the comparison populations in the victimization episode, our results also suggest significant differences between homeless victims and homeless nonvictims. Victims had higher incomes and a greater fear of the streets, were more depressed, had a history of mental hospitalization, and experienced more physical symptoms. Finally, victimization was not a significant predictor of homeless persons' depression and mastery in our sample, unlike the cases of other, more specific samples and the general population. We argue that homelessness may be such an overwhelming life circumstance that single life events and their effect on mental health are masked by this ultimate state of victimization.     

Are repeatedly victimized households different?

Much recent victimization research has concentrated on predicting who will be victimized, with relatively little concern for the number of events suffered. This study turns to the latter issue by focusing attention on the prediction of repeat victimization. A statistical methodology is employed which allows for the explicit recognition that an initial victimization must occur prior to any repeat event. When applied to property crime information from the 1984 British Crime Survey, we find little evidence that repeat victims have distinctive characteristics compared with single victims. Nevertheless, households with characteristics which protect from victimization, in the sense of giving rise to a low initial risk, have this protection reduced for a subsequent event. Moreover, comparing two households with different risk characteristics, their repeat victimization probabilities are more similar than were those for the initial occurrence.     

被害性与被害预防

被害预防是犯罪预防的重要一环,被害预防应该从被害性分析着手。被害性即指人身上所存在的足以导致犯罪侵害的一切特性,它与犯罪心理紧密相关。从犯罪人犯罪前的心理状态分析,犯罪人选择作案对象有一定规律,这种规律决定了被害性。被害人就其有无过错可分为两类,不同的类型具有不同的被害性,被害预防应从一般预防和特殊预防进行。     

Few and far between: understanding the role of the victim in federal environmental crime prosecutions in the United States

Efforts to gather systematic data and undertake empirical studies on the extent of environmental crime, the magnitude of environmental victimization, and the punishment of environmental offenders in the United States remains elusive in the criminological literature. We take a novel approach to studying these gaps in the literature, by examining federal environmental crime prosecutions. While not all encompassing, this approach advances the literature by providing valuable insights into what types of human victimization occur, the role victims play in prosecutions, and how offenders are punished. What is the nature and extent of case-documented environmental victimization with regard to human victimization in the U.S. over the past decade? We address this question through a content analysis of the Environmental Protection Agency’s (EPA) criminal investigation cases, 2001–11. Out of 972 total criminal cases, we find that only 3 % of cases involve acute or identifiable victimization. Environmental crime victims, unless immediately harmed, are not likely to play a major role in environmental crime cases; thereby limiting potential political and public attention to victims of environmental crime.     

The effects and costs of intimate partner violence for work organizations

This study examines the productivity-related effects and costs of intimate partner violence (IPV) on the workplace. Specifically, it explores whether IPV victims and nonvictims differ in the number of work hours missed due to absenteeism, tardiness, and work distraction and the costs for employers from these missed work hours. The research involved a Web-based survey of 823 male and 1,550 female employees in three midsized organizations. Employees who reported lifetime IPV victimization, but not current victimization, missed more hours of work because of absenteeism than did nonvictims. Current victims, but not lifetime victims, were more likely to be distracted at work than nonvictims. Organization costs due to absenteeism and tardiness were greater for lifetime victims than nonvictims; however, no difference in costs was found for current victims. Overall, we found that IPV has negative effects on organizations, but that the nature and cost of these effects vary by type of victimization.     

The Importance of Coping,Threat Appraisal,and Beliefs in Understanding and Responding to Fear of Victimization: Applications to a Male Prisoner Sample

The current study explores conceptualizations of victimization by men, focusing on threat appraisal, coping appraisal, and beliefs, and seeking to apply protection motivation theory, the applied fear response model, and social cognition. Five hundred and sixty-six male prisoners, comprising adults and adolescents, completed a measure of victimization and perpetration (DIPC-SCALED) and of fear, appraisal, and beliefs (TAB). It was predicted that increased threat appraisal and ineffective coping appraisal would predict increased fear of victimization, particularly among the mutual perpetrator/victim group. This group was expected to select strategies for managing the threat of victimization, which carried more risk to them (e.g., such as an aggressive reaction) and to present with beliefs supporting the use of aggression as a response to victimization. Fear of victimization was predicted by threat and coping appraisal although the deficit for victims appeared in coping appraisal only. Mutual perpetrator/victims presented with a specific difficulty in appraising their ability to cope with threat. Differences in beliefs supporting an aggressive response to threat were also noted across perpetrator and/or victimization groups. The article concludes by outlining the implications for theory and clinical practice.     

“Can’t Stop,Won’t Stop”: Self-Control,Risky Lifestyles,and Repeat Victimization

Objectives

Drawing from lifestyle-routine activity and self-control perspectives, the causal mechanisms responsible for repeat victimization are explored. Specifically, the present study investigates: (1) the extent to which self-control influences the changes victims make to their risky lifestyles following victimization, and (2) whether the failure to make such changes predicts repeat victimization.

Methods

Two waves of panel data from the Gang Resistance Education and Training program are used (N = 1,370) and direct measures of change to various risky lifestyles are included. Two-stage maximum likelihood models are estimated to explore the effects of self-control and changes in risky lifestyles on repeat victimization for a subsample of victims (n = 521).

Results

Self-control significantly influences whether victims make changes to their risky lifestyles post-victimization, and these changes in risky lifestyles determine whether victims are repeatedly victimized. These changes in risky lifestyles are also found to fully mediate the effects of self-control on repeat victimization.

Conclusions

Findings suggest that future research should continue to measure directly the intervening mechanisms between self-control and negative life outcomes, and to conceptualize lifestyles-routine activities as dynamic processes.     

Neighborhood structure differences between homicide victims and non-victims

While there were numerous studies documenting the neighborhood characteristics that led to increased risk of crime victimization, very little was done to compare the neighborhoods of homicide victims to non-victims. The current research used the case-control design to alleviate this gap in the research. A sample of homicide victims and non-victims collected from Prince George's County, Maryland, in 1993, was used to make these comparisons. Significant differences were noted in the macro-level measures of education, unemployment, household income, and percentage of female-headed households in the neighborhoods of victims and non-victims. Individual elements, such as age, race, gender, and arrest were also strongly associated with the risk of homicide victimization. Both macro and micro level variables needed to be included when studying factors that increased the risk of homicide victimization.     

Observer reactions to emotional victims of serious crimes: stereotypes and expectancy violations

Negative observer reactions towards victims may be related to people’s expectations of the characteristics and demeanor of an ideal victim. We examined how expressed emotion, victim sex, and type of victimization influence observers’ perceptions of victim credibility, victim character, and harm. Our hypothesis was that angry victims, male victims, and victims of sexual violence are perceived less positively than sad victims, female victims, and victims of physical violence. Additionally, we anticipated that expectancy violations following expressed agentic/high status, or passive/low-status emotions of the victim would lead to negative reactions. Participants (N?=?335) read a written victim impact statement, by a male or female victim of a sexual or physical assault, in which anger or sadness was expressed. The results show that observers generally respond more negatively to male victims than to female victims, and to victims expressing anger rather than sadness. However, a two-way interaction between expressed emotion and type of crime revealed that expressed emotion only significantly influences character derogation and victim credibility in cases of physical violence. Finally, emotion expectancy violations based on ex-ante expectations lead to derogation and diminished credibility. The discussion focuses on how emotion expectancy violations seem intimately tied to stereotype-ridden features of victimization.     

Acknowledging sexual victimization as rape: Results from a national-level study

There has been ongoing debate on how women are counted when they do not acknowledge as rapes experiences that are characterized by the key components of rape. This article explores this methodological issue by using a two-stage measurement strategy with behaviorally specific screen questions to gather information on incidents of sexual victimization from 4,446 randomly selected female college students. Our results revealed that almost half of the completed rape victims considered the incidents rapes, yet few of the attempted rape or nonrape victims considered the incidents rapes. The results of a multivariate analysis highlighted the characteristics of incidents that are likely to be considered rapes. The findings buttress the assertion that women who are counted as rape victims have experienced such victimization.     

Structural Constraints,Risky Lifestyles,and Repeat Victimization

Objectives

Research indicates that victims who make changes to their risky behavioral routines are better able to avoid being victimized again in the future. Nevertheless, some victims’ abilities to change their behaviors may be limited by what Hindelang et al. in Victims of personal crime: an empirical foundation for a theory of personal victimization. Ballinger, Cambridge (1978) referred to as “structural constraints.” To assess this issue, we determine: (1) whether victims who reside in communities characterized by structural constraints (e.g., concentrated disadvantage) are more likely to continue engaging in risky behaviors (e.g., offending, illicit drug use, and getting drunk) after being victimized; and (2) whether victims who continue to engage in risky lifestyles have an increased likelihood of repeat victimization.

Methods

Ten waves of data (spanning nearly 7 years) from the Pathways to Desistance Study are used, and multilevel models are estimated to examine changes to risky lifestyles and repeat victimization among a subsample of victims.

Results

Findings indicate that community-level structural constraints impose limits on the changes that victims make to their risky lifestyles, and that these changes influence repeat victimization.

Conclusions

We conclude that, in the context of repeat victimization, structural constraints are both real and consequential, and that future theory and research should continue to explore how context shapes and influences victims’ behavioral routines.

     

Cyberbullying Victimization and Depression in Adolescents: The Mediating Role of Body Image and Cognitive Schemas in a One-year Prospective Study

Cyberbullying, the harassment of others via new technologies, is a growing phenomenon with important consequences for its victims. Despite the growing interest in this new form of violence, only a few longitudinal studies have analyzed the relationship between cyberbullying victimization and psychological problems, such as depression, in adolescents. Furthermore, the mechanisms through which cyberbullying victimization contributes to the development of depressive symptoms remain almost unexplored. The current study assesses whether cyberbullying victimization predicts the increase in depressive symptoms over time and the role of body image and cognitive schemas in the association between cyberbullying victimization and depression. We hypothesized that victims of cyberbullying would develop a negative body image, the belief that others would hurt them and that they were defective to some degree, and that, as a consequence of these cognitions, they would increase their symptoms of depression. A sample of 1015 adolescents (mean age?=?15.43, SD?=?1.09) completed measures of depressive symptoms at three waves (T1, T2, and T3) spaced 6 months apart, measures of body image and cognitive schemas at T1 and T2, and measures of CB victimization at T1. Findings indicated that CB victimization at T1 predicted a worsening of body image and cognitive schemas of mistrust and defectiveness at T2, and those changes in cognitions predicted in turn an increase in depressive symptoms from T2 to T3. Gender differences were also examined. The model was very similar for boys and girls. However, changes in body image acted as a mediator between CB victimization and depression only in girls. Therefore, this study contributes to clarifying the cognitive mechanisms involved in the development of depression among victims of CB. These findings suggest that intervention programs with victims of CB should address the cognitions that are relevant for the development of depression.