Victim impact statements and the role of the South African criminologist

This article explores the developments in the plight of victims as well as the professional role of the South African criminologists in offering assistance to victims of crime by compiling victim impact statements on behalf of victims. The VIS has a significant contribution to make in a stage of the judicial process where acknowledgement of a victim takes place after a judgment or a guilty conviction. During the trial process a victim in legal terms does not exist. It is only at this final stage before sentencing that the court will view the complainant as a victim. It is imperative that the complainant＇s voice is heard as a victim-one who has suffered loss regardless of its shape and form. The all encompassing contribution of the VIS lies in its empowering nature due to the fact that it also can contribute to crime prevention by lowering the crime rate and reducing the cyclical nature of violence and crime.     

被害人作证及其陈述的运用

2011年国际货币基金组织前总裁斯特劳斯.卡恩性侵案经过长达3个月诉讼后被撤销,凸显了被害人作证及其陈述证据效力的特殊性。被害人和证人虽然都"身临其境",目睹了犯罪事实的发生过程,但被害人还"身受其害",这决定了被害人作证与证人作证既有共同点又存在许多重大差异,二者不能混同。被害人的当事性要求立法从作证适格性、传闻证据规则、意见证据规则、任意性规则、关联性规则及合法性规则六个方面对被害人陈述的证据能力进行合理限制;同时规定被害人陈述原则上不能作为定罪的唯一根据,其证明力需要补强。     

You shouldn't feel that way! Extending the emotional victim effect through the mediating role of expectancy violation

Recent research has shown that the ‘emotional victim effect’ (an emotional victim is more readily believed than a nonemotional victim) is mediated by expectancy violation: people base their judgments about a victim's credibility on their expectations of the victim's suffering. Victims whose behavior is inconsistent with these expectations suffer a loss of credibility. In this article, we further examine the role of expectancy violation and explore possible negative effects of a victim's highly emotional post-crime reaction. Using several mediations, we demonstrate three important contributions to the existing literature. First, we demonstrate that, in the same way as expectancy violation mediates the effect from nonverbal emotional expression on perceived credibility, this mediating effect would also hold for the verbal expression of emotions. Second, we demonstrate that expectancy violation mediates the effect from a victim's verbal emotional expression on the observer's attitude toward the victim. More specifically, we demonstrate that a highly emotional written Victim Impact Statement (VIS) could lead to secondary victimization, dependent on the observer's expectations regarding the effects of the crime. Third, this article is the first to demonstrate that expectancy violation leads to a negative effect on people's acceptance of the VIS in the criminal justice procedure.     

Empathy,distance, and blame: juror perceptions of black male homicide victims in capital cases

The courts have consistently struggled with the discriminatory imposition of the death penalty. This research employs data from the Capital Jury Project which seeks to identify arbitrariness in jurors’ decision-making. Results indicate that Black male victims are perceived to be the most likely to have a problem with drugs/alcohol and come from poor/deprived backgrounds and the least likely to be respected in the community and be perceived as innocent. Black male victims and their families also receive the least empathy from jurors, whom jurors feel the most distance from, and who are most to blame for their victimization. Results suggest the enduring racialization of violent crime and the continuing devaluation of the lives of Black males in American society.     

Rape victim and perpetrator blame and the Just World hypothesis: The influence of victim gender and age

Abstract

Victims of rape are sometimes blamed for the assaults against them. Research has examined primarily female victims; much less is known about men as victims and whether victim age affects attributions of victim blame. Furthermore, the study investigated the effects of Belief in a Just World (BJW) on blame attributions. Employing a vignette-type experimental study with a 2 (gender of participant)×2 (victim's gender)×2 (victim's age)×2 (participant BJW score) between-subjects design and several measures of blame attributions towards victim and perpetrator as dependent variables, a community sample (n = 164) participated. The main results were as hypothesised, namely that young male victims were attributed more blame, particularly by participants scoring high on BJW. Overall, victim blame level was low and perpetrator blame was high, and BJW was a powerful predictor of blame attributions.     

The Effect of Participant Sex,Victim Dress,and Traditional Attitudes on Causal Judgments for Marital Rape Victims

This study investigated the effects of participant sex, victim dress, and attitudes influencing the tendency to blame a marital rape victim. College undergraduates completed the Attitudes toward Marriage Scale, an intervening cognitive task, and a read fictitious scenario of a marital rape incident where the victim was dressed somberly or seductively. Participants then completed a brief questionnaire. As predicted, males rated the victim more deserving of the attack than females. As predicted, the suggestively dressed victim was rated more responsible and deserving than the somberly dressed victim. As predicted, participants holding more traditional attitudes toward marriage were more likely to assign more victim responsibility and deservingness than participants with more egalitarian attitudes. These findings are discussed within an attitudinal framework.     

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.     

电话网络诈骗案件中受害人研究

目的 在电话网络诈骗高发背景下开展对诈骗受害人心理等特征研究,深入了解此类犯罪,为此类犯罪的控制和预防策略制定提供依据。方法 采用案例回顾法对255例网络电信诈骗案件受害人特征进行研究和分析。结果 网络电信诈骗案件受害人中女性占51.6%,男性占48.4%,平均年龄29.75岁,学历分布在各个层次中。根据受害人表现的突出心理特征,分为“突陷困境后主动避难”类,占总数29%;“帮助他人”类案件,占总数23.1%;“期望好运气”类案件,占总数20.4%;“过渡信任网络交易安全”,占总数27.5%等。有40.4%的案件冒用警察等权威职业身份进行犯罪活动。研究证实受害人学历高低与信任和服从权威职业无统计学关系（F=4.627,P=0.201）。“期望好运气”受害人群有年龄差异,青年人更容易受骗。（F=32.4,P〈0.001）。结论 诈骗案件受害人特征与传统认识不同。受骗后存在急性应激心理、利他心理、服从权威、期望好运气等复杂的心理特征表现。     

Victim Policy Transfer: Learning From Each Other

This paper looks at the recent introduction of victim impact statements in several European countries. It asks whether victim impact statements are a positive addition to victim policy and practice in Europe and examines the challenges of adapting to the civil legal tradition a tool that was developed in a common law country.     

被害人辨认错误及其防范

被害人辨认错误是导致刑事错案发生的主要原因之一。被害人“身临其境”和“身受其害”的当事人身份，决定了被害人体验案件事实和辨认犯罪嫌疑人存在局限性，容易出现某些“诚实”的错误。分析被害人辨认错误的成因，进一步完善辨认规则，健全辨认程序，有助于提高被害人辨认的准确性和可信性，防范错误辨认，保护被害人权利。     

Administering a victim impact curriculum to inmates: a multi-site replication

While restorative justice has been the topic of much research, a specific type of program included in restorative justice, Impact of Crime (IOC) on Victims programs, has not been widely studied or assessed for effectiveness. This study examines IOC on Victims Curriculum Development Programs. Offenders from programs in California, Ohio, Tennessee, and Virginia were participants in this research. A four-state evaluation methodology was developed in order to assess the effectiveness of these programs in educating offenders about victims’ right and victim facts, as well as increasing their sensitivity to victims’ difficulties. The findings in this evaluation lend support to previous studies, indicating efficacy for IOC programs. Suggestions for future research are briefly discussed.     

Social workers' and police officers' perception of victim credibility: Perspective-Taking and the impact of extra-Evidential factors

Abstract

The credibility of a victim can be influenced by factors that objectively should not have any impact on the judgemental process. The present two studies examine the influence of two such factors: (1) the non-verbal behavior of the victim, and (2) the ethnic identity of the victim, in the context of two different perspectives of observation (victim focused or truth detecting). Study 1 focused on perspective taking, and was included for the methodological reason that in Study 2 perspective taking was necessarily confounded with subject gender. Study 1 indicates that the perspective of the observer has a significant influence on the perceived credibility of the victim and the interpretation of non-verbal behavior. In Study 2 perspective-taking was manipulated more realistically by including a sample of social workers and of police officers. The other two factors were manipulated in the videotapes. Results suggested that the white victim exhibiting white non-verbal behavior, judged by a social worker, is perceived as more credible and has less chance of secondary victimisation. The black victim however, exhibiting black non-verbal behavior, who is judged by a police-officer, is perceived as least credible and runs a higher chance of secondary victimisation.     

Determinants of completing rape and assault

Is rape unique in terms of the factors which transform an attempt into a completion? Or is rape similar to other forms of assaultive violence? These questions are addressed here by employing the National Crime Survey to develop models of attempted versus completed rape, assault on females, and assault on males. Logistic equations predicting each type of victimization are estimated and compared. The analysis shows that rape victimization is unique. Additionally, the differences between attempted versus completed rape and assault cannot be accounted for by the sex of the victim or the sex of the assailant. The implications of these findings for theories of rape and assault are discussed. The policy implications of these findings are briefly considered.     

论刑事被害人权利

本文在论述我国刑事被害人权利的特点和现行刑事被害人权利制度的内容后,提出了完善我国刑事被害人权利制度的建议。提出应赋予因犯罪行为而遭受精神损害的被害人提起附带民事诉讼的权利。     

Police–victim engagement in building a victim empowerment approach to intimate partner violence cases

Intimate partner violence (IPV) has been highlighted as a priority for UK governments and criminal justice agencies since the 1990s. However, whilst generating significant policy and procedural responses, the overall impact continues to be criticised. This paper examines contemporary approaches to IPV identification and response, highlighting the limitations within victim engagement and empowerment. It then moves on to specific developments and theories in victimology, demonstrating how research into victim engagement is emerging and could be utilised in practice to enhance victim empowerment. It argues that policy and procedure based upon an enhanced victim empowerment approach would be necessary in striving for positive criminal justice outcomes and for increasing victim satisfaction.     

被害人参与量刑程序：现状、困境与展望

被害人参与量刑程序是量刑程序改革的重要组成部分,对于化解社会矛盾、促进社会和谐具有重要意义。从当前试行效果看,这一制度设计在实践中遇到一些困境。2012年修改后的刑事诉讼法为被害人参与量刑程序、发表量刑意见预留了足够空间。未来应区分＂被害人影响陈述＂与被害人的量刑意见,处理好被害人的量刑意见与检察机关的量刑建议的关系,进一步完善具体的制度设计。     

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.     

过错被害人国家补偿问题刍议

我国已逐步展开被害人救助工作试点，虽然离完善的国家补偿制度距离尚远，但对制度设计的细节问题仍应提前研究。被害人补偿的正当性难以通过国家保护不力或社会风险分担予以说明，在规范语境下其正当性在于社会型国家的宪法目的设定。国家责任在补充性之外兼具福利性，因而补偿对象的关键特征为生活陷入困境，而不限于故意犯罪、暴力犯罪或身体伤害犯罪，补偿范围可分为保障性与补充性两部分，应以不同标准区别对待。过错被害人从事实与规范的角度可分为六种类型，对其补偿的扣减或拒绝，总体原则是保障性补偿须谨慎扣减，补充性补偿可灵活掌握，以务实的态度更好地实现国家补偿制度的目的。     

西方国家刑事和解理论与实践介评

刑事和解是二十世纪中叶西方国家出现的一种新的刑事思潮 ,它对西方的刑事立法和司法实践产生了深远的影响 ,本文对刑事和解的产生、蕴涵、实践和发展作了系统的介绍 ,并提出了在我国引入刑事和解的构想。     

Sexual coping,general coping and cognitive distortions in incarcerated rapists and child molesters

Abstract

Sexual coping, general coping and cognitive distortions were investigated in 25 rapists, 36 child molesters and 25 violent offenders. Rapists did not report more support for rape-supportive distortions than the violent offender comparison group. Child molesters scored higher than the other groups on the measure of molestation-supportive distortions, although mean scores were at the low end of the scale. Consistent with previous research, all offender groups reported ineffective coping styles and child molesters reported using more emotion-oriented coping than the non-sexual offenders. Child molesters but not rapists scored higher than violent offenders on deviant aspects of sexual coping, although mean scores were at the low end of the sub-scales. Evaluation of these comparisons was aided by effect sizes. The effect sizes reveal that there may indeed be differences between rapists and the comparison group with respect to cognitive distortions and sexual coping. Modest correlations were found between deviant sexual coping and cognitive distortions. The findings are interpreted in terms of etiological development and the sexual offence process.