The ICTR Contribution to National Reconciliation

Over a decade after the establishment of the International CriminalTribunal for Rwanda (ICTR), an assessment of its achievementswith regard to its role in fostering reconciliation among Rwandansmust be undertaken. The ICTR's activities have provided a settingfor witnesses and victims of the genocide to testify beforejudicial authorities. However, persisting obstacles involvingthe nature of the conflict and ongoing instability in the countryhave hindered progress in efforts at national reconciliation,and addressing the issue of compensation for victims remainsinadequate. The ICTR continues to play a crucial role in sheddinglight on the atrocities and endeavouring to raise awarenessfor victims’ issues at the international level.     

Prosecuting Cambodian Genocide: Problems Caused by the Passage of Time since the Alleged Commission of Crimes

This article identifies obstacles that the Cambodian ExtraordinaryChambers will face in their prosecutions, both in investigationand at trial. Looking to the practice and jurisprudence of theInternational Criminal Tribunals for the former Yugoslavia andRwanda for assistance, it discusses the balance between theright of an accused to be tried without delay and the rightsof victims and the international community to see justice done30 years after the events in question.     

International Recognition of Victims' Rights

Since its inception, the United Nations has adopted two GeneralAssembly resolutions dealing with the rights of victims: the1985 Declaration of Basic Principles of Justice for Victimsof Crime and Abuse of Power and the 2006 Basic Principles andGuidelines on the Right to a Remedy and Reparation for Victimsof Gross Violations of International Human Rights Law and SeriousViolations of International Humanitarian Law. The focus of theformer was on victims of domestic crimes, while that of thelatter is on victims of international crimes; more particularly,gross violations of international human rights law and seriousviolations of international humanitarian law. The 2006 Principlesare, for all practical purposes, an international bill of rightsof victims. Their adoption has been hard-fought, but their implementationboth at the national and international levels is sure to stillface many obstacles. Parallel to this historic development havebeen decisions by the European Court of Human Rights and theInter-American Court of Human Rights, as well as provisionsin the statute of the International Criminal Court (ICC), givingstanding to victims in ICC proceedings, but also certain rightsof compensation. These parallel developments, as well as otherswithin domestic legal systems, evidence a wide movement towardsthe recognition of the rights of victims of crime, whether domesticor international, or gross violations of human rights. Thisarticle re-traces the historic origin of victims' rights indomestic and international legal systems, focusing particularlyon the adoption of the two international instruments mentionedabove, and more particularly on the negotiating history of the2006 Principles. A detailed commentary of these Principles constitutesthe centerpiece of this article.     

Gacaca Courts: Between Fantasy and Reality

Faced with an overflowing caseload and imperatives of nationalreconciliation, Rwandan authorities have established a systemof justice, meted out through gacaca courts under the legalframework created by organic laws. The following contributionanalyses this framework, within the context of national andinternational legal systems, and pinpoints the shortcomingsof the proposed form of justice. These include legal issuessuch as the problem of retroactivity, as well as the definitionof crimes and concerns over due process and the right to a fairtrial for defendants. Practical and material obstacles arisein implementing the organic laws, alongside broader implicationsowing to the traditional nature of such courts and possibleinterference by political authorities. In this respect, thegacaca courts may be victims of their own ambitions, by seekingto respond to judicial, societal and philosophical concernsalike.     

Research note: challenges of identifying female human trafficking victims using a national 1-800 call center

Human trafficking is a complex global and national crime problem harming victims physically, psychologically, and financially. The Trafficking Victims Protection Act of 2000 (TVPA), Pub. La 106–386, and subsequent reauthorizations, provide assistance and benefits to foreign born victims of labor or sexual human trafficking who are here in the United States. The strategies used to encourage victims to come forward were modeled on those used in the anti- domestic violence (DV) and child protection movements. These include initiatives alerting the public to domestic violence situations through awareness campaigns to increase tips as well as calls for service to police. Other public service initiatives urge victims themselves to self-identify by calling 1-800 numbers. While these techniques have shown success in reducing incidences of domestic violence and providing help to victims, their use to combat sex trafficking has not produced the same level of results. This note explores the challenges for immigrant women victims to self-identify as trafficking victims and urges that evidence-based research is needed to determine the efficacy of a national call center approach.     

CRIME IN THE IVORY TOWER: THE LEVEL AND SOURCES OF STUDENT VICTIMIZATION*

Contrary to the image of college campuses as “ivory towers,” the victimization of college students recently has been portrayed as a serious problem deserving policy intervention. Based on interviews designed after the National Crime Victimization Survey, which were conducted with 3,472 randomly selected students across 12 institutions, we examined both the level and sources of students'victimization. More than one-third of the sample reported being victims during the 1993–94 academic year. Informed by the lifestyle-routine activities approach, the analysis revealed that the risk of property victimization was increased by proximity to crime, target attractiveness, exposure, and lack of guardianship. The main predictor of violent victimization was a lifestyle that included high levels of partying on campus at night and the recreational use of drugs.     

Turning the Witness Stand into a Speaker's Platform: Victim Participation in the Norwegian Legal System as Exemplified by the Trial Against Anders Behring Breivik

In this article, we investigate how victims pursue legal participation when they are confronted by legal barriers and dilemmas that arise from tensions between legal formality and lay expectations and contributions of legal proceedings. We use the trial against Anders Behring Breivik as a case. Breivik placed a bomb in Norway's Government District before he shot and killed 69 people on a small island. We analyze interviews with 31 victims who testified against Breivik in court. We argue that the circumstances of the trial against Breivik can be characterized as “ideal” in terms of victims’ rights. The exceptionality of this case facilitates a focus on unquestioned obstacles to victim participation concerning the professionalization of the legal system. We question the presumption prevalent among some theorists that the professionalization of the legal system excludes lay participation, by arguing that legal formality both alienate and empower lay participation.     

Suicide trends in upper egypt

Suicide is an important problem, ranking among the top 10 causes of death for individuals in all ages in developed countries. This article is a retrospective study evaluating suicide cases in Assiut, one of the largest provinces in Egypt, from 2005 to 2009. There were 117 cases, of which involved 68 male victims (58.12%) and 49 women (41.88%). Suicide rates ranged from 0.6 to 0.8 per 100,000. Age predominance was from 20 to ≤30 years. The method of suicide was different between male and female victims, as male victims tried to use more violent methods than females. The most common cause of death in men was usage of toxins and by hanging 29% and 28%, respectively, while in women was usage of toxins (70%). This study showed that suicide rates have increased since 1987, indicating a grave problem that needs to be solved.     

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.     

The Sexual Assault Nurse Examiner and the Successful Sexual Assault Prosecution

In recent years, specialized nursing skills have proliferated. On the leading edge of this phenomenon are sexual assault nurse examiners (SANEs). This article, and its supporting research, examines the relationship between the SANE, the prosecutor's office, and the disposition of sexual assault cases in Texas. All prosecutors in this highly populous state were surveyed regarding their perceptions of the contributions of SANEs to the criminal justice process. Sexual assault cases present at each stage of prosecution unique obstacles to conviction, as thoroughly explored in other publications. The gauntlet of trial is intimidating to many, if not all, of the victims of this offense. Attempts to protect the victim from unnecessary and irrelevant personal attacks have been somewhat successful. SANEs, invariably volunteers with specialized forensic training, provide professional evidence collection and continuity of support for victims and are a pragmatic innovation in criminal justice. In this article, their role is examined through the lens of the prosecutors, the criminal justice officials most significant and influential in determining the ultimate resolution of complaints filed by victims of crime. The officials polled expressed great confidence in the abilities, commitment, and overall contribution of SANEs at each phase of the process, including trial. The progress and impact of this forensic specialization in gaining judicial recognition as an expert witness is also examined.     

《反垄断法》私人实施之难题及其克服:一个前瞻性探讨

我国反垄断法的私人实施面临受害人数众多,原告资格难以确认,被告违法行为难以证明,损害赔偿数额难以计算等诸多难题,而竞争文化的缺失,法律工具主义的流行,可能使私人实施反垄断法变得更为困难。将反垄断诉讼之原告限定为直接受违法行为影响的人,以反垄断执法机关或法院作出了被告违法的有效决定或判决作为受理案件的条件,实行因果关系推定原则,统一规定损害赔偿数额的计算方法,重视竞争文化的培育和传播,可有效地克服这些困难。     

Twenty years of progress in addressing domestic violence: an agenda for the next 10

The past 20 years have seen great strides in addressing violence against women by their male partners. Although the author cannot point to one single intervention or set of interventions as being the most effective, institutional reforms that have included coordinated community responses have had a positive impact. During the next 10 years, researchers must learn how to address the obstacles that prevent institutional responses from being more effective in addressing the needs of victims.     

Knowledge of spouse abuse in the community: A comparison across locations

Of concern to many who study criminality of all kinds is the high level of known abuse in a climate of noninvolvement by others. The research reported in this paper clearly indicates that noninvolvement in spousal assault cases is not dependent on low levels of knowledge of the problem, as many people admit to being aware of its occurrence among relatives, friends, and neighbors. This knowledge does vary, however, by location of the respondents with strong effects of nonmetropolitan residents expressing greater knowledge of the occurrence of this violence than people living in urban areas. We find this in the context of lower levels of self-reported victimization. It could be that these lower levels reflect a reluctance on the part of nonmetropolitan women to admit to researchers that they are victims of this problem. Or, it could suggest that these women have access to a more intricate network of support from friends and family who become involved in discussing this problem with the victims and helping them to reduce its incidence.     

Sexual and violent recidivism by offender type and actuarial risk: reoffending rates for rapists,child molesters and mixed-victim offenders

Abstract

The current study examines sexual and violent reoffence rates for a sample of 2474 sexual offenders over an average of 15 years following release from prison. Reoffence rates are reported as a function of the offenders' victim type and level of risk as assessed by the Automated Sexual Recidivism Scale, a computer scored measure of relevant historical risk factors. Observed sexual recidivism rates for offenders with child victims, adult victims, and mixed victims were quite similar. Results indicate that offenders with exclusively female child victims not only showed a lower rate of sexual reoffending, but that the reoffence rates were relatively low across all levels of actuarial risk. In contrast, those with male child victims and adult victims showed a pronounced escalation of reoffence rates as actuarial risk increased. Results also indicated that adult victim offenders are less consistent in the victim type of their reoffences, with 37% sexually reoffending against child victims. Finally, combined rates of sexual and violent reoffending were particularly high for those with adult victim sexual offence histories. Risk assessment and public policy implications are discussed.     

Evaluation of a Health Care Provider Training Program to Identify and Help Partner Violence Victims

This study tested four hypotheses about the impact of a 3-h domestic violence training program with 752 health care providers on attitudes and values related to screening and helping partner violence victims. Hypotheses 1, 2, and 3 were that training would be related to: 1) increased self-efficacy to identify and help partner violence victims, 2) increased endorsement of the role of health care providers and settings for helping partner violence victims, and 3) increased comfort making appropriate community referrals to help partner violence victims. Hypothesis 4 was that training effects would be moderated by prior training and by prior experience with helping a victim. Following training, health care providers reported increased self-efficacy, increased comfort making appropriate community referrals, and increased valuation of health care providers and the health care system as having an important role in stopping domestic violence. Hypothesis 4 was also supported. Prior training and/or experience with an abuse victim predicted smaller changes in the dependent variables. These gains held at a 6-month follow-up. Implications for training curriculum design are discussed, in addition to institutional policy implications for determining the benefits versus costs of universal training, including staff who demonstrate prior training or experience with battered victims. Study limitations and future research directions, including the need to measure performance and policy compliance will also be outlined.     

论被害人诉讼地位的理论基础

立法虽然确立了被害人的当事人地位,但由于其理论基础没有得到全面的揭示,致使刑事诉讼理论、立法和实践中的被害人问题仍然没有得到解决。文章从尊严价值理论、报应观念和救济原理三方面揭示了被害人当事人地位的理论基础。认为被害人所持的报应观念是被害人参与刑事诉讼的工具性理论基础;而尊严价值理论为被害人享有作为一个人所享有的权利提供了根据,它从终极人文关怀的角度解释了被害人参与诉讼的理论基础;救济原理则揭示了被害人参与诉讼的特殊性,是被害人参与诉讼的独特根据。     

Individual-level risk factors for gun victimization in a sample of probationers

Interventions aimed at preventing the important problem of gun injuries could be improved with an understanding of whether there are unique factors that place individuals at an increased risk of gun victimization. Much remains to be known about the victims of gun violence. The purpose of this article is to assess whether there are individual-level variables uniquely related to the likelihood of experiencing a gun victimization in a sample of probationers, individuals already at a heightened risk for criminal victimization. Self-report data were collected from 235 felony probationers about, for instance, gun and nongun victimization, gang involvement, and drug sales. Results show different variables are related to nongun victimization and gun victimization. In the current sample, involvement in gun crimes are linked to an increased risk of gun victimization. Violent offending and residential stability are associated with an increased chance of crime victimization.     

由救助走向补偿──论刑事被害人救济路径的选择

刑事被害人国家救济主要包括救助、补偿两种可供选择的模式。如果以国家利益为主要考量因素,国家应当在刑事侵权损害已经或者必将危及稳定与安全的情况下,从关怀刑事受害人的角度给予救助;如果以社会利益为主要考量因素,国家应当以满足公众安全感、公平感为标准,承认刑事被害人平等获得国家补偿的权利。     

Inhalant deaths in South Australia: a 20-year retrospective autopsy study

A 20-year retrospective study of inhalant deaths in South Australia, autopsied at Forensic Science SA, was undertaken from January 1983 to December 2002. Thirty-nine cases were identified from an autopsy pool of 18,880 cases, with a male to female ratio of 12:1. Sixty-four percent of the victims (N = 25) died during voluntary inhalation of volatile substances and 28% (N = 11) committed suicide utilizing a volatile substance or gas. The remaining 3 cases involved a workplace accident (N = 1) and 2 cases of autoerotic death where inhalants were being used to augment solitary sexual activity. The mean age of the 28 victims of accidental inhalant death of 21 years (range, 13-45 years) was considerably less than that of the 11 suicide victims of 31.5 years (range, 17-48 years). No homicides were found. Approximately one quarter of the victims were Aboriginal (N = 11), 10 of whom had died as a result of gasoline inhalation ("petrol sniffing"). Other common substances of abuse were aliphatic hydrocarbons such as butane. The study has shown that those most at risk for accidental or suicidal inhalant deaths were young males, with 92% of victims overall being male, and with 77% of victims being under 31 years of age. Gasoline inhalation remains a significant problem in Aboriginal communities in South Australia.     

Fatal accidents and blood ethanol levels in adolescents and adults. The Wayne County experience, 1978-1988

The files of 874 fatal traumatic accident victims, aged 12-25 years, examined at the Wayne County Medical Examiner's Office during the period 1978-1988 were reviewed. Postmortem blood alcohol results of individuals who died after less than 15 min of hospitalization were utilized to approximate alcohol levels at the time of the fatal injury. Relationships between types of accidents, sex, age, race, and time of accident were examined. White victims were far more likely to have been drinking than blacks, and the data indicated that underaged drinkers were involved in fatal accidents at lower levels of blood alcohol than their counterparts of legal drinking age. Consistent racial differences in average alcohol levels were not observed, however. Unlike female and black victims, who much less frequently tested positive for alcohol when underage, white male victims 16-21 years of age were just as likely to have been drinking as those aged 21-25. The results of the study show that postmortem blood alcohol level can be used to identify differences in alcohol consumption among groups of accident victims in a major metropolitan area.