Victims' Rights, Victims' Expectations, and Law Enforcement Workers' Constraints in Cases of Murder

Research on crime victims and their experiences with the criminal justice system suggests that victims' rights (e.g., victim impact statements) and victims' services (e.g., crime victims' compensation, counseling) have not significantly improved victims' satisfaction with the criminal justice system or their recovery from the crime. Thus, we appear to know little about how to satisfy and assist victims of crime. This study uses the symbolic interactionist perspective to examine victims' experiences with law enforcement workers (e.g., detectives, counselors) with a focus on people who have lost a loved one to murder ("bereaved victims"). The data come from in-depth interviews with thirty-two bereaved victims, seven law enforcement workers, and three crime victims' advocates in Union County (pseudonym). Bereaved victims define the victim role differently from law enforcement workers, creating two main points of conflict with workers: (1) a conflict over their deceased loved one's body, and (2) a conflict over the flow of information in the case. Bereaved victims' frustrations over these conflicts created problems for their recovery. Bereaved victims' efforts to see their deceased loved one's body, guide detectives' investigation, and learn information about the murder and the investigation took a back seat to detectives' interests in protecting the integrity of the investigation and building a strong case for the prosecution. Policy implications are discussed.     

Sexual assault nurse examiners' perceptions of the revictimization of rape victims

While Sexual Assault Nurse Examiner programs have improved the treatment of rape victims by offering more compassionate and thorough treatment, SANEs believe victims continue to face revictimization by the medical, criminal justice and legal systems. The purpose of this research is to explore SANEs' perceptions of the revictimization of rape victims by the police, legal system and medical system. Data from interviews with 39 Sexual Assault Nurse Examiners from four East Coast states reveal that most SANEs believe that the medical, criminal justice, and legal systems wield the power to revictimize rape victims. SANEs were more likely to cite the criminal justice system as a source of revictimization, followed by the medical system and legal system. According to SANEs, police contribute to victims' distress through failure to ask questions in a sensitive manner, failure to proceed with investigations, and by asking victim-blaming questions. Revictimization by the legal system results when charges are never filed, cases are postponed or dropped, plea bargains are unsatisfactory, and victims' character and credibility are questioned. Revictimization by the medical system is marked by long waits for medical attention.     

Procedural Justice and Dutch Victim Policy

This paper opens with a brief discussion of the traditional role of the victim in the criminal justice system and the changes which have been made in the Netherlands in order to improve the position of victims of crime. In addition, the author discusses the arguments put forward by policymakers and examines the implementation of victim policy. Next, procedural justice is introduced as a theory from which one could consider the possible impact of victims' experiences in the criminal justice system on their relationship with the justice system. The author goes on to present research which examines the impact of procedural justice on victims' attitudes towards legal authorities. The paper closes with a discussion of the importance of procedural justice issues for criminal justice policymakers and legal practitioners.     

Victims of crime in the criminal justice system in Barbados

The study focused on the treatment of victims in the criminal justice system in Barbados, a developing country in the English speaking Caribbean. Based on the administration of a pre-designed questionnaire to 458 respondents from a simple random sample of victims who made reports to the police in Barbados. It focused on victims' experiences with the police in the law enforcement process, their experiences in the courts in the adjudication process, and factors associated with these. The findings were mixed, but showed that the respondents' experiences in the law enforcement and the adjudication process were generally positive. Regression analysis showed that police seriousness about, and interest in the case were statistically significant predictors of victims' satisfaction with the police, and that these together with police politeness, and response time explained 67 percent of the variance in respondents satisfaction with the police.     

An arresting experiment: domestic violence victim experiences and perceptions

This study looks at the experiences and perceptions that domestic violence victims reported with Mills's power model. The victims' partners were the primary research participants in an arrest experiment. The following were empirically examined: the occurrence of violence following suspect arrest, victim perceptions of personal and legal power, victim satisfaction with the police, and victim perceptions of safety following legal intervention. Race and two victim resource measures (i.e., employment status and income advantage) explained variance in perceptions of independence. A police empowerment scale was used to measure legal power. It was found that arrest affected the probability of re-occurring domestic violence. Suspect arrest and the victim's perceptions of legal power were related to perceptions of safety following police intervention. The study concludes with some implications for domestic violence research, programs, and perspectives.     

Characteristics associated with rape attrition and the role played by scepticism or legal rationality by investigators and prosecutors

Abstract

This paper reports a multidimensional scaling analysis of features associated with rape attrition by identifying key aspects of the rape that are associated with loss of cases at the stages of police investigation, prosecutors’ considerations and in court. The research utilized a case-file analysis (n=105) consisting of all rapes reported to one division within a large UK urban police force by females over the age of 16 from April 1998 to April 2003. In addition, interviews were conducted with police officers and Crown Prosecutors to explore their understanding of the reasons why attrition occurs. The findings illustrate the extent to which prejudicial attitudes and legal logic influence police officers’ and solicitors’ modes of thinking and subsequently influence decisions for rape cases to proceed to court. Methodological and practical issues are considered.     

The Influence of Police Actions on Victim Satisfaction in Burglary Investigations

This paper is concerned with the satisfaction of burglary victims with the service provided by the U.K. police. The study, funded by the U.K. Home Office's Police Research Group, was conducted in the West Midlands and considers the role of police actions, victims' characteristics, and victims' perceptions in shaping victim satisfaction. Victim satisfaction, which was lower than in a number of previous studies, depended on how well police actions and outcomes of cases met victims' expectations. Satisfaction was dependent to a great extent on the manner of the first officer to reach the burglary scene, and also on keeping victims informed about the outcome of investigations, activities which the force can readily address. Improved detection rates and better property recovery would also boost satisfaction, but these are influenced in part by factors both under police control, and are less likely to be easily achieved. Methodologically, the study demonstrates the importance of relating police records to victims' expressed satisfaction, and their perceptions of police actions when framing policies aimed at meeting victims' preferences.     

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.     

Predicting charges and convictions for rape suspects in Denmark: characteristics associated with the notion of the ‘credible criminal’

In recent years, focus on the high attrition rates and low conviction rates in sexual assault cases in Scandinavia has increased. Attrition refers to the dropout of cases through the criminal justice system. However, only limited research exists on the importance of suspect characteristics for the legal outcomes in these cases. The present study is the first in Scandinavia to investigate legal and extralegal suspect variables relating to charges and convictions in the criminal justice system regarding suspected offenders in rape and attempted rape cases. All reported cases of rape and attempted rape in the Eastern Jutland Police District from 2008 to 2010 with an identified rape suspect (N = 175) were analysed through binary logistic regression analyses to examine which variables might increase the likelihood of charges or convictions. Results show that suspects with one or more prior sexual assault charges were more likely to be charged and convicted of a rape offence. The results of the present study help improve the understanding of the judicial processing of cases of rape from a different perspective than the victims’ and partially lend support to the hypothesis of ‘the credible criminal’ in terms of investigative and prosecutorial decision-making in rape cases.     

Attrition and Conviction Rates of Sexual Offences in Europe: Definitions and Criminal Justice Responses

The “loss” of cases within the criminal justice chain, especially from police to conviction level is known as attrition – a phenomenon that can be observed in every criminal justice system and for every offence type. But is this attrition particularly strong for sexual offences as theories based on the so-called “rape myths” suppose? This question is dealt with by this paper; it studies the different conviction ratios of sexual offences in Europe and tries to evaluate the resulting findings. The data presented are based upon the work done by the expert group for the European Sourcebook (ESB) of Crime and Criminal Justice Statistics and a special EU-funded project on "Defining and Registering Criminal Offences and Measures, Standards for a European Comparison". In order to gain a basis for comparison, the differences between the national legal concepts and definitions are discussed. Then attrition and conviction rates (understood as the ratio of suspected to convicted persons) are examined, firstly for different crime types in order to show the relative importance of attrition in the field of sexual offences, secondly with a special focus on rape, sexual assault and sexual abuse of minors in some European countries. Beyond these mere statistical data the question whether there are particular reasons for the selection process in cases of sexual offences is raised.     

Families of Homicide Victims: Service Utilization Patterns of Extra- and Intrafamilial Homicide Survivors

Homicides precipitate numerous problems for victims' families that can be eased, in part, by counseling, case management, and court advocacy services. Guided by a crisis theory framework, the records of 112 homicide victims' family members (or survivors) served by a public victims assistance agency were examined to discern typical service utilization patterns and differences for survivors of intrafamilial homicides (i.e., cases in which the perpetrator was a family member of the victim). Results indicated that survivors of intrafamilial homicides utilized services during the initial 8-week crisis period following the homicide more than other survivors, yet used services less during the subsequent 8-week period. The findings substantiated the application of crisis theory to studying the experiences of survivors and underscored the importance of considering survivors' familial relationships to perpetrators in the provision of services.     

A forensic medicine perspective on recurring episodes of intimate partner violence

During a three year period, 418 victims of intimate partner violence (IPV) were examined and their injuries documented at the Center for Victims of Violence (CVV) in Hamburg, Germany. All victims were questioned if their acute injuries were attributable to recurring acts of violence by the same intimate partner. The victims' experiences with recurring IPV were analyzed and associated risk factors as well as findings of acute physical injuries were integrated into the assesment. Overall, women were significantly more often victims of recurring episodes of IPV than men. In 35.4% of cases, victims of recurring IPV sustained injuries to three or more body regions. However, women who were victimized during a single act of violence, presented with the same distribution of injuries in only 21.1% of cases (p = 0.01). The results emphasize the fact that IPV often manifests itself in a spiraling escalation of physical violence. Furthermore, blunt force trauma to the head was diagnosed significantly more often (p = 0.05). The risk of sustaining a head injury was equally high for women who experienced a first-time violent episode by their ex-partner as it was for married women or women living in a non-marital partnership during recurring episodes of IPV. In an effort to reduce the increased risk for victims of IPV, health care personnel are highly encouraged to partake in forensic medicine based continuing education. This preventative measure may prepare clinicians to recognize IPV earlier as well as to treat and advise clients appropriately.     

Judging risk: key determinants in British domestic violence cases

Data from the largest study to date of the working practices of British victim support workers (known as Independent Domestic Violence Advisors or IDVAs) are used to provide insight into how "risk judgments" are made in cases of domestic violence. Using data from more than 2,000 victims, this study found a convergence between actuarial data and IDVAs' risk judgments when the risk score was high, but in cases with a lower risk score, IDVAs often used their professional judgment to upgrade risk. Next, we identified the specific factors underpinning IDVAs' risk judgments. Consistent with existing research, we found that IDVAs relied on a subset of available information when forming risk judgments, and characteristics of the abusive situation, such as the escalation of violence, use of weapons, stalking, and significant injuries, were particularly salient to them. Furthermore, IDVAs paid attention to victims' perceptions and when they felt very frightened or afraid of further injury then IDVAs were more likely to label them as high risk. Although we identified some encouraging overlap between the subset of factors informing risk judgments and those associated with victims' reabuse at a later date, some notable differences indicate a need for messages from research about the significance of particular risk factors to be reinforced to frontline practitioners on a regular basis.     

Police civil liability for inappropriate response to domestic assault victims

Over the last several years, the criminal justice system has encouraged survivors of domestic abuse to report their victimization to law enforcement authorities. While some pieces of evidence suggest that police are more sensitive to the plight of domestic survivors, law enforcement response remains incomplete and problematic. This article explores this issue, focusing on police civil liability for inappropriate response to domestic violence. It discusses a specific legal remedy—the equal protection clause of the Fourteenth Amendment—highlighting the circumstances under which police are held liable when they fail to prevent victims' injuries because of their inappropriate response to domestic violence. The article concludes that police need more training and education on family abuse so they can become more responsive to victims of domestic violence.     

Getting Schooled: Legal Mobilization as an Educative Process

This article explores the role of formal education and specific legal knowledge in the process of legal mobilization. Using survey data and in‐depth case narratives of workplace disputes in China, we highlight three major findings. First, and uncontroversially, higher levels of formal education are associated with greater propensity to use legal institutions and to find them more effective. Second, informally acquired labor law knowledge can substitute for formal education in bringing people to the legal system and improving their legal experiences. The Chinese state's propagation of legal knowledge has had positive effects on citizens' legal mobilization. Finally, while education and legal knowledge are factors that push people toward the legal system, actual dispute experience leads people away from it, especially among disputants without effective legal representation. The article concludes that the Chinese state's encouragement of individualized legal mobilization produces contradictory outcomes—encouraging citizens to use formal legal institutions, imbuing them with new knowledge and rights awareness, but also breeding disdain for the law in practice.     

Compensating victims for harms caused by pollution and other hazardous substances: a comparison of American and Japanese policies

This paper reviews recent American proposals to reform the system for compensating victims of pollution and compares them with the Japanese approach. American proposals fall into three categories: balanced approaches that combine administrative relief with tort reform; proposals that would provide administrative relief but eliminate tort remedies; and proposals to reform tort law which have nothing to say about administrative relief. While American policy-makers are still groping for a solution, in Japan tort law changes provided the rationale for a system of administrative relief that preserves the victims' right to sue. While the Japanese approach is not perfect, the early development of a policy reduced legal and political uncertainties and provided a stable environment for economic growth.     

Crossing Borders and Criminalizing Identity: The Disintegrated Subjects of Administrative Sanctions

This paper draws on in‐depth, qualitative interviews that examine individual experiences in two different legal contexts: deportation regimes and supermax prisons. Through putting these contexts and experiences into dialogue, we identify common legal processes of punishment experiences across both contexts. Specifically, the U.S. legal system re‐labels immigrants (as deportable noncitizens) and supermax prisoners (as dangerous gang offenders). This re‐labeling begins a process of othering, which ends in categorical exclusions for both immigrants and supermax prisoners. As individuals experience this categorical exclusion, they cross multiple borders and boundaries—often against their will—moving from prison to detention center to other countries beyond the U.S. border, and from isolation to prison to “free” society. In both cases, the state action that subjects experience as punishment is civil and, therefore, nominally not punitive. Ultimately, excluded individuals find themselves in a space of legal nonexistence. By examining these common processes and experiences, we argue that a new kind of subject is revealed: a disintegrating subject (as opposed to a juridical or disciplinary subject) whose exclusion reinforces the power of the state.     

Predicting future litigiousness

Using a national sample of adults with various legal experiences, the current study examines the impact of prior legal experiences, general attitudes about lawyers and the legal system, and status characteristics on individuals' perceived likelihood of hiring a lawyer for resolving various personal problems in the future. Persons who have been involved in prior legal disputes, who have more positive attitudes about lawyers, and who hold more favorable views about the effectiveness of law in resolving conflict report significantly higher chances of hiring an attorney. Individuals' assessments of their future litigiousness, however, are largely independent of their status characteristics (e.g., gender, income, education, age) and the quality of treatment in their prior legal disputes (e.g., ratings of procedural justice, level of satisfaction with case outcome, and how their lawyer handled the case). The paper concludes by discussing the implications of these findings for improving the quality of legal services and for the future use of law as a method of conflict resolution.     

Reconstruction of sexual offences--forensic aspects of sperm traces

The investigation of sexual offences is a real challenge, as the injuries are often unspecific or faint and may sometimes be missing completely. Evidence recovery and analysis as well as the statements of the victims and suspects are therefore of vital importance. In both presented cases, the results of trace evidence analysis were basically consistent with a sexual assault, but the victims' statements regarding the course of events and the pattern of traces showed severe discrepancies.