Perceived Sanction Threats and Projective Risk Sensitivity: Auto Theft,Carjacking, and the Channeling Effect

Although sanction threats promote fear, among committed offenders, that fear can become a resource with which to sculpt emerging crime preferences. In such cases, criminality is not deterred but channeled. We explore the channeling process here as it relates to auto theft and carjacking. Our qualitative findings reveal that auto thieves are reluctant to embrace the violence of carjacking due to concerns over sanction threat severity they attributed to carjacking—both formal (higher sentences) and informal (victim resistance and retaliation). Meanwhile, the carjackers are reticent to enact auto theft because of the more uncertain and putatively greater risk of being surprised by victims, a fear that appears to overcome the enhanced long-term formal penalty of taking a vehicle by force. We examine the implications of offenders’ decision-making for the analytic intersection of rational choice and deterrence, offering the notion of projective risk sensitivity to encapsulate the process.     

A Pimp's Game: A Rational Choice Approach to Understanding the Decisions of Sex Traffickers

We employ a rational choice framework to understand the conditions under which sex traffickers allow their victims access to telecommunications devices while under their control. We posit that sex traffickers are rational actors who make calculated decisions regarding whether to allow their victims access to the Internet and cell phones. We hypothesize that sex traffickers allow younger victims and those they did not defraud in the recruitment process greater access to telecommunications devices because these decisions maximize their payoffs with minimal risk. However, we hypothesize that younger victims’ access to telecommunications devices is conditional on whether they have been defrauded in recruitment. In order to test these hypotheses, we deployed a survey to 115 victims of sex trafficking in the United States to learn about how they were recruited by their sex trafficker and the level of access they had to technology while under their sex trafficker's control. We find support for all of our hypotheses. The results have serious implications for criminal justice policy and practice.     

性侵儿童案中被害人陈述可信度判断研究

在性侵儿童案中,由于被害儿童身心特点,导致其作证能力和证言可信度常存在争议。但实际上年幼不是否认儿童作证能力的决定性因素。在性侵儿童案件中,要摒弃过度纠缠于对儿童作证能力的争议,将作证能力与证言可信度分开,肯定其作证能力,而着重判断证言可信度。通过对371份性侵儿童案件的裁判文书的分析可知,判断儿童被害人陈述可信度的因素与判断成年被害人陈述可信度的因素大致相同,同时实践中也结合儿童的特点提出了有针对性的考量因素。因此,对"童言"过于忌惮实无必要。在判断儿童被害人陈述可信度时,可以主要依靠判断被害人(证人)可信度的通常方法,同时更多地引入专家证人/辅助人帮助理解儿童行为和心理特点。这样将有助于解决儿童作证涉及的证明问题,更好地保护儿童权益。     

Rapid Assessment Exploring Impediments to Successful Prosecutions of Sex Traffickers of U.S. Minors

Critical psychological, systemic, and legislative barriers to the successful prosecution of child sex traffickers who exploit U.S. citizens were uncovered during a rapid assessment conducted in a U.S. metropolitan region considered a high intensity child prostitution area. Information obtained during 34 face-to-face interviews with criminal justice professionals most likely to encounter child sex trafficking victims was supported by the collection of supplementary quantitative data. Findings revealed complex psychological factors that deter victim participation in prosecutions of traffickers such as child victims’ denial of exploitation, trauma bonding between victims and traffickers, and frequent flight and revictimization. Existing inadequacies within the criminal justice system were found that may contribute to child sex trafficking persisting as a low risk/high reward crime.     

Women and Men in Jail: Attitudes Towards and Experiences of Domestic Violence

This study explores the pre-arrest domestic violence victimization and attitudes towards domestic violence reported by women and men confined in a Midwestern metropolitan jail. Results indicated that women in the jail sample had more fear for the safety of battered women than men in the jail sample. Women in jail were more likely than men in jail to view the legal system as a deterrent to domestic violence. Logistic regression models were constructed to explore associations between jail detainees’ pre-arrest experiences of domestic violence and their gender, age, education, race, parental status and other violent victimizations. The variables associated with pre-arrest domestic violence victimization were being a woman, a parent, a victim rape and a victim of threats with a deadly weapon.     

Sex trafficking: an exploratory study interviewing traffickers

This paper presents the research methodology of an exploratory study interviewing human traffickers. Utilizing open-ended, semi-structured qualitative interviews with traffickers, exploratory research was conducted in 2003. With an overall goal of understanding the human trafficking phenomenon from the standpoint of those individuals who support, reproduce, and actively work to sustain it, our research questions focused on how traffickers make sense of their position within the illegal market of sex trafficking. Other thematic questions included characteristics and personal dimensions of the traffickers, reasons they entered the business, their perceptions of the business, and their opinions of those they traffic. For the purpose of this paper, we will address the difficulty and simplicity of conducting interviews with human traffickers. Information about the research project in general, methods used, ethical considerations, and thematic scope will also be addressed with a final discussion section highlighting advantages and disadvantages of methods used.

Acid violence: a burning issue of Bangladesh--its medicolegal aspects

Throwing acid on others' face and body to cause grievous injuries is a barbaric act of vengeance. For the last few years, it has been on the rise in both urban and rural areas of Bangladesh. The perpetrators are mostly men and adolescent boys. The victims are girls and young females. The reasons for attacks are sexual advances from man, refusal of marriage proposal, and vengeance. Cheap and easy availability of acids makes it the most effective weapon for man to use against girls' or young women's faces to prove that they have no right to deny a man's proposal and is one of the extreme forms of repression and violation of women's right. The consequence of acid attacks on survivors brings dramatic change in their lifestyle. Most of them have to give up their education or work. Social isolation, fear of further attacks, and insecurity damage their self-esteem and confidence. Illiteracy, poverty, threats to further retribution, and ignorance about legal support increase their miseries. Gradual increase of acid attacks suggests that legal provisions and their enforcement are not adequate and effective. Social awareness, economic and psychologic support, rehabilitation, and strict enforcement of laws are key to combat acid violence in Bangladesh.     

The Use of the Biblical Oath and Its Development

The use of the oath in Jewish law reflects the religious nature of this system of law: in case a litigant cannot receive justice from the human judges s/he is entitled to call on God by swearing an oath. I begin this survey of the use of oaths in Jewish law with a discussion of the nature of “swearing an oath” based on biblical stories and biblical rules that regulate the use of oaths outside court. I then focus on the use of the oath in court; I survey the domain of circumstances in which an oath is accepted by Jewish law as evidence according to the Bible, the Mishna, Gemara, and codifications. Finally, I exemplify how the oath is used in practice in the 20th century by one case from Rabbi Saul Ibn Dannan’s responsa book “Hagam Shaul”.     

A Closer Look at an Eye for an Eye: Laypersons’ Punishment Decisions Are Primarily Driven by Retributive Motives

According to recent research on laypersons’ punitive attitudes people’s sentencing decisions are primarily driven by a desire for retribution. The research designed to test this notion, however, can be criticized for suffering from several limitations. Three online-based studies were conducted with samples from Western Europe with the aim of replicating the findings of Carlsmith (J Exp Soc Psychol 42:437–451, 2006) in which participants’ punishment motives were inferred from their behavior in a process tracing task. In the present research, this approach was adopted and modified in order to provide a more conservative test for the notion that people mainly care about retribution. Although these modifications strongly influenced the overall pattern of results, retribution still was the most important punishment motive in all three studies.     

A Self-Regulation Hypothesis of Coping with an Unjust World: Ego-Depletion and Self-Affirmation as Underlying Aspects of Blaming of Innocent Victims

People have a need to Belief in a Just World (BJW) in which people get what they deserve. When people are confronted with an event which threatens this BJW (e.g. when they witness a girl falling victim to rape), people try to maintain their existing beliefs, for example, by blaming the innocent victim for her ill fate. We argue that this defensive process of blaming innocent victims in essence stems from self-regulatory failure. In accordance with this line of reasoning, our first experiment shows that when self-regulatory resources were depleted (i.e. in the case of high ego-depletion) before BJW threatening information describing an innocent victim of a rape crime, the effect of BJW threat on victim blaming amplified. Study 2 shows that when self-regulation was facilitated by means of self-affirmation after the BJW threatening information, the effect of BJW threat on victim blaming vanished. Taken together, our findings suggest that coping with BJW threats involve self-regulatory processes leading to more or less defensive reactions (like blaming innocent victims). When people’s self-regulatory resources are depleted, they react more negatively to innocent victims when they constitute a stronger threat to the BJW. Facilitating self-regulation, by means of self-affirmation, enables people to cope with BJW threatening information, thereby inhibiting the urge to blame innocent victims.     

Cyber-Stalking Victimization: What Predicts Fear Among Portuguese Adolescents?

A large body of research clearly demonstrates that adolescents use technology to a staggering degree and that they are one of the main groups that are vulnerable to online victimization. However, the study of cyber-stalking, which is a form of cyber-harassment victimization, has been limited to the adult population and has resulted in some controversy regarding whether fear is a definitional criterion for this phenomenon. In Portugal, the study of cyber-stalking among adolescents is limited, as it is not yet a target of scientific research, public politics or social attention. The current study assessed the cyber-stalking victimization of 627 Portuguese adolescents (12- to 16-years-old). The prevalence of victimization, the cyber-victim’s profile, cyber-stalking dynamics, the cyber-stalker’s profile, parental cyber-involvement and adolescents fear reporting were analysed. The majority of the current sample admitted to having been the victim of cyber-stalking at some point in their life, and nearly half of the adolescents reported experiencing fear after the victimization. A logistic regression model was developed to predict fear reporting. Consistent with previous research, the results indicated that fear is strongly associated with female victims and shed light on the self-perception of online risk and a number of parental involvement practices. Being the target of 1) messages of exaggerated affection, 2) persistent cyber-stalking or 3) older cyber-stalkers was also associated with fear. These results underscore the importance of understanding fear as a complex emotion that results from the interaction of different variables. Thus, it is critical to adopt fear as a key criterion of the cyber-stalking definition. Implications for social, educational, political and judicial practices are also discussed.     

Law,language, and the power of ‘invisible threats’ of violence against women

Violence, and the threat of violence, is a pervasive feature of women's lives. From high-profile threats in politics to everyday harms such as domestic abuse, violence, threat, and intimidation control women's behaviour and silence their voices. Yet in many cases the pernicious and harmful effect of threat is not captured by the law. Drawing on the work of sociologist Pierre Bourdieu and empirical research undertaken in Northern Ireland, this article analyses the ways in which both objective and ‘incorporated’ social structures generate invisible forces of fear and threat that the law does not see, but that women feel and structure their lives around. The article develops the novel conceptual tool of ‘invisible threats’ to capture threat as harm, to show the relation between threat and gendered (in)securities, and to challenge institutions of the law to respond better to invisible threats as perceived and articulated by women.     

The Crime and Threat Image Set (CaTIS): a validated stimulus set to experimentally explore fear of crime

Objectives

Fear of crime may develop in response to crime specifically (the narrow pathway) or may be a projection of broader threats (the broad pathway). New approaches are needed to examine how crime and threat, independently and in combination, influence people’s fear. To address this need, we created, evaluated, and validated an image set that varied across the dimensions of threat and crime.

Method

We used a 2 (Threat: high vs. low) × 2 (Crime: high vs. low) within-subjects factorial design. In three studies, participants (N = 24, 29, and 176, respectively) gave threat, crime, and fear ratings towards images. Participants also completed two traditional fear of crime measures and a measure of anxiety. Two evaluation studies explored the suitability of 178 images to produce a final set of 80 images (20 in each of the four categories). We validated this final set of 80 images in a third study.

Results

The validated Crime and Threat Image Set (CaTIS) contains 78 images across four categories: threat-and-crime (high-crime, high-threat), threat-only (low-crime, high-threat), crime-only (high-crime, low-threat), and neutral (low-crime, low-threat). There were significant main effects of threat and crime, and an interaction between Threat × Crime, on participants’ fear ratings. Participants’ own ratings of threat—but not crime—had a strong relationship with their fear ratings.

Conclusions

Threat had a stronger influence on participants’ fear ratings than crime. Thus, what is typically referred to as fear of crime may reflect broader fear. Further research with the CaTIS could explore the expression of this fear.

     

Human trafficking and criminal proceedings in Portugal: discourses of professionals in the justice system

Since the adoption of the UN Trafficking Protocol in 2000, the predominant approach to combat human trafficking has been based on the criminalization of traffickers in conjunction with a concern for victims’ protection. However, few empirical studies considered the effectiveness of those measures, which makes it difficult to understand why criminal cases of human trafficking generally result in few convictions. In Portugal, recent legislative changes have made the legal framework on human trafficking more comprehensive, inclusive and convergent with European directives. The effects of the implementation of those legislative changes on investigation and prosecution are still overlooked. The present study analyses the discourses of justice system professionals that concern the investigation and prosecution of human trafficking. It examines and identifies the factors that, in their perspective, block the recognition of the typifying elements of the crime of human trafficking and create obstacles to the prosecution and conviction of those crimes. Our findings suggest that legislative advances recognized by the participants need to be accompanied by other changes, some of a more systemic nature and others that are more specific. An efficient criminal procedure should include better legal phrasing of the means of evidence of human trafficking that is supported by objective instruments for this to be considered valid; the centralization of proof that the testimony of the victim has to overcome; specialized professional training of an ongoing nature; an efficient cooperation between the various law enforcement agencies at the national and international levels, with public prosecution services and magistrates; a greater clarification of the condition of the special vulnerability of victims and an informed perspective regarding the global nature of the phenomenon of human trafficking, one that is also sensitive towards the victim (e.g., in relation to the victims’ vulnerability, illegal status, and their difficulties in terms of social and cultural integration).     

Negotiating a Victim Identity: Young Men as Victims of Violence

This article is based on an interview study of how 10 young male crime victims talk about violent events and actors involved. It focuses on how the young men present their identities as ‘young men’ who have been victims of violent crimes. In their narrations the men struggle with a cultural understanding that ‘masculinity’ is associated with strength and power, while ‘victim’ is associated with weakness and impotence. During the interviews the young men actualize several balancing acts in their presentation of themselves as men and victims in a delicate manner by use of specific word choice, manner of speaking, laughter, etc. The young men are negotiating a victim identity; they portray themselves by careful positioning as both victims and strong, active young men. By this discursive balancing of identities the young men present themselves as manly at the same time as they present themselves as victims. In collaboration with the interviewer the participants negotiate how they want to be known: as ‘victim-worthy’ young men, with associations to a ‘hegemonic manliness’.     

“To This Day She Continues to Struggle with the Terror Imposed upon Her”: Rape Narratives in Victim Impact Statements

This study locates the victim impact statements of raped women in the sociolegal context of significant sentencing law reforms introduced in Canada to address an ascendant victim’s rights movement. We examine 38 reported sentencing decisions in sexual assault cases in Ontario, Canada (1999–2010). Our objectives are to discern (a) whether the archetype of the ideal victim continues to influence juridical discourse after conviction and (b) what narratives of harm intersect with sentencing objectives and aggravating factors. Our findings suggest women express profound fear of re-victimization and traumatic effects of sexual violence regardless of the relational context of their rape experience. Most surprisingly, our data show sentencing judges view the sexual assault of an intoxicated rape victim as an aggravating factor. Future consideration for victim impact statements in sexual assault cases is discussed.     

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.     

Fear,Social Interactions,and Violence Mitigation

The fear of crime is generally considered as a social ill that undermines dimensions of individual well-being. Prior research generally specifies the fear of crime as an outcome variable in order to understand its complex etiology. More recently, however, researchers have suggested fear has a deterrence function whereby it reduces individuals’ involvement in violent encounters. This notion could hold important clues to understand the social sources of violence. We examine whether the fear of crime inhibits involvement in violent encounters, both as offender or victim, and if adjustments in routine activities explain these effects. The results suggest fear of crime reduces violence involvement, in part, by constraining routine activities. We conclude that the fear of crime appears to be a mechanism of violence mitigation that, paradoxically, bolsters physical well-being. The results are discussed with regard to their implications for criminological theory and research on interpersonal violence.     

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.