Is restorative justice for sexual crime compatible with various criminal justice systems?

In addition to the more conventional approaches of the criminal justice system, this article suggests that there is a need for restorative justice as another method of addressing sexual crime. In support of this view, the present article explores the possibility of a hybrid justice system based on a complementary relationship between restorative justice and the criminal justice system. An analysis of the limits of the criminal justice system and the need for restorative justice in the contentious area of sexual crime will be followed by a detailed examination of key justice considerations when trying to marry both criminal justice and restorative justice perspectives. Such considerations include: the meaning of justice; legislation; sentencing principles; due process; victims’ rights; and the location of restorative justice within/alongside/outside the criminal justice system. The aim of this article is to determine whether it is possible to reconcile two seemingly juxtaposed methods of justice delivery in the context of sexual crime in order to create a hybrid system of justice that best protects and responds to the rights and needs of victims and offenders.     

Explaining criminal victimization in Taiwan: A lifestyle approach

Routine activities and lifestyle-exposure theories were shaped and substantially tested in Western societies; this study extended their application to a non-Western context in Taiwan. Using the most recent but underutilized 2005 Taiwan Areas Criminal Victimization Survey, responses from a random sample of 18,046 participants were analyzed for robbery, assault, and personal larceny victimization. The findings showed that the risk factors associated with criminal victimization in Taiwan resembled those in Western nations, but anomalies also appeared. Females faced a higher risk of being robbed than males; married and affluent persons were more likely to be victims of personal larceny than not married or less affluent persons; and those who stayed home at night were more likely to be assaulted than those who went out at night. The discussion of these findings suggest that explaining victimization patterns involve more than victims' attributes or lifestyles; the social and cultural context should be considered as well.     

The dualism of business victimization and organized crime

Conclusions Businessmen victimized by organized crime are chosen based upon their economic condition and their involvement in activities of interest to organized criminal groups. The level of victimization is determined not only by the level of involvement of organized crime, but also by the victims' perceptions of how business should be operated. The responses of businessmen surveyed for this research reflect their association of business victimization with organized crime. Those surveyed, however, seriously underestimated the level of victimization of the population as a whole.     

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.     

Criminal victimization in South Korea: A multilevel approach

A growing number of studies in criminal victimization had integrated the individual model and the context model to examine the dynamics of influences from the predictors at different levels. Only a few studies, however, had explored the impact of multilevel factors upon criminal victimization outside the U.S. context. Using the survey data gathered in Seoul, South Korea, the current study tested the applicability of the multilevel approach in criminal victimization to the Korean context. The results were mixed. At the macro level, poverty and community cohesion were positively associated with victimization by street crime and residential crime, respectively. Inconsistent with the findings in the U.S. studies, however, community cohesion increased the chance of residential crime victimization, and residential mobility was not significantly associated with criminal victimization. At the micro level, avoidance behaviors and target hardening efforts were associated with more criminal victimization, contrary to the proposition by opportunity theory. These unexpected findings could be explained by the unique social and cultural characteristics of Korean society. The unique contexts of modern Korean society as well as the limitation of the current study are discussed.     

犯罪被害人的经济救济

在打击犯罪和保障人权的双重要求下,犯罪人成为传统刑事政策关注的重点,对犯罪被害人的救济尤其是经济方面的救济被忽略。随着现代刑事政策的发展,人们意识到犯罪被害人地位的提高、权利范围的扩展等也应相应的纳入到刑事政策的视野中,加强对犯罪被害人的经济救济就是其核心内容。以现代刑事政策为出发点,应着力提倡三种主要的犯罪被害人救济方式:犯罪人赔偿、国家补偿以及恢复性司法模式下对犯罪被害人的经济救济,说明对犯罪被害人实行有效的经济救济是一种理想和有效的刑事政策。     

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 VICTIMIZATION–TERMINATION LINK*

The life histories of drug dealers suggest that victimizations sometimes mark turning points toward the end of criminal careers, which is a criminologically important but neglected empirical connection that we label the “victimization–termination link.” We theorize this link thusly: When serious victimizations occur in the context of crime, a break from the customary provides an opportune situation for adaptation, and when victims have social bonds and agency, when they define the event as the result of their own criminal involvement, and when they find other adaptations unattractive, criminal‐victims are likely to adapt by terminating crime. We illustrate this desistance process with qualitative data obtained through interviews with young, middle‐class drug dealers. We conclude by exploring promising avenues for future work. It takes only a minute to change one's whole life course.     

A victim-centered approach to justice? Victim satisfaction effects on third-party punishments

Three studies investigated whether victims' satisfaction with a restorative justice process influenced third-party assignments of punishment. Participants evaluated criminal offenses and victims' reactions to an initial restorative justice conference, and were later asked to indicate their support for additional punishment of the offender. Across the three studies, we found that victim satisfaction (relative to dissatisfaction) attenuates people's desire to seek offender punishment, regardless of offense severity (Study 2) or conflicting reports from a third-party observer (Study 3). This relationship was explained by the informational value of victim satisfaction: Participants inferred that victims felt closure and that offenders experienced value reform, both of which elevated participants' satisfaction with the restorative justice outcome. The informational value communicated by victim satisfaction, and its criminal justice implications, are discussed. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

恢复性司法对我国刑事诉讼制度的影响

恢复性司法是一种不同于传统司法模式的新型司法模式,它寻求尽可能利用罪犯、受害者和社区的积极和自愿参与的方式,恢复受犯罪影响的所有当事方的一切权益。我国引入恢复性司法既具有刑事司法实践、刑事观念、刑事制度和社会发展的基础,也与我国当前的刑事诉讼制度存在一定冲突。恢复性司法实践与理念对我国刑事诉讼可能产生的影响,突出表现在刑事观念、诉讼制度和检察机关法律监督方式等诸多方面。     

Criminal Appeals Over the Last 100 Years:

Among the more popular “political” explanations of increased crime have been the charges that courts have been coddling criminals and handcuffing the police. These accusaticms are often coupled with the general perception that if criminal defendants appeal they will usually win. During the past 20 years there clearly has been an increase in criminal defendant due process rights that have been created largely by the courts. Notwithstanding these developments, are criminal defendants more likely to win than lose on appeal, and has the probability of winning been increasing? This article examines state courts of last resort from 1870 to 1970 to determine both the odds of winning and how they have changed. It also investigates whether these trends are different for the traditional South than for the more liberal states of the Northeast. The data indicate that, in fact, defendants today are far more likely to lose on appeal than they were 100 years ago. In addition, there appears to be little regional variation in criminal appellate outcomes over the last 100 years.     

ESCAPING CRIME: THE EFFECTS OF DIRECT AND INDIRECT VICTIMIZATION ON MOVING*

This article investigates the impact of criminal victimization on household residential mobility. Existing research finds that direct experiences with crime influence mobility decisions, such that persons who suffer offenses near their homes are more likely to move. The current study extends this line of inquiry to consider whether indirect victimization that involves neighbors also stimulates moving. The analysis uses the National Crime Survey to estimate multilevel models that incorporate data from individual households and their spatially proximate neighbors. The results show that the link between direct victimization and moving continues to hold after controlling for neighborhood context. Indirect property victimization also leads to moving, with effects about equal in size to those of direct victimization. In contrast, no evidence is found that violent victimization that occurs in neighboring homes influences mobility, probably because most of these events are nonstranger violence that provokes less anxiety for neighbors.     

Protection motivation theory as a theoretical framework for understanding the use of protective measures

The use of defensive measures can be a double-edged sword: it can provide the means to protect people and property from potential criminal victimization, but can also be a costly and possibly unnecessary endeavor. However, research examining the factors contributing to the decision whether or not to engage in protective measures is often limited in both quantity and scope. In this article, we propose a theoretical framework for understanding the use of protective measures in response to criminal victimization threats based on Ronald Rogers’ protection motivation theory. Our discussion details Rogers’ theory, suggests variables and measures appropriate for the context of criminal victimization and protective responses, and provides guidance on testing and model adaptation issues. We hope that this will encourage further model development and testing to improve the understanding of individual protective behavior in response to crime or the threat of crime.     

Social capital and crime: A cross-national multilevel study

Numerous studies have repeatedly supported the negative influence of social capital upon crime rates. Although the relationship between social capital and crime is theoretically persuasive and empirically robust, only a handful of studies have looked into its cross-national variation. Furthermore, no research in social capital has yet applied a multilevel approach to take into account both macro- and micro-level determinants of crime. In an attempt to fill in this research gap, we conducted multilevel analyses of country-level and individual-level factors of criminal victimization. Following the lead of previous studies, it was hypothesized that social capital—estimated as generalized trust, social norms, and civic engagement—reduces criminal victimization, net of individual-level determinants, and other well-established country-level factors. The results revealed that while a higher level of social capital was found to reduce the likelihood of robbery victimization, no significant impact was observed on burglary victimization. With regard to the three dimensions of social capital, generalized trust and social norms exerted significant effects on robbery victimization in the expected direction.     

The Hate Crime Canon and Beyond: A Critical Assessment

Although it remains an empirical question whether the U.S. is experiencing greater levels of hate-motivated-conduct than in the past, it is beyond dispute that the concept of ‘hate crime’ has been institutionalized in social, political, and legal discourse in the U.S. From the introduction and politicization of the term hate crime in the late 1970s to the continued enforcement of hate crime law at the beginning of the twenty-first century, social movements have constructed the problem of bias-motivated violence in particular ways, while politicians at both the federal and state level have made legislation that defines the parameters of hate crime. Accordingly, this article identifies and examines the parameters of a hate crime canon in the U.S., which can first and foremost be described as a body of law that 1) provides anew state policy action, by either creating anew criminal category, altering an existing law, or enhancing penalties for select extant crimes when they are committed for bias reasons; 2) contains an intent standard, which refers to the subjective intention of the perpetrator rather than relying solely on the basis of objective behavior; and 3) specifies a list of protected social statuses, such as race, religion, ethnicity, sexual orientation, gender, disabilities, etc. Arguing that these features constitute the core parameters of the hate crime canon and attendant discourse in the U.S., this article offers a critical assessment of the emergence, institutionalization, and arguable consequences of ‘hate crime’ as a recently developed social fact - in the Durkheimian sense of the word - that is consequential for the politics of victimization in the modern era and the social control of violence against minorities more particularly. This revised version was published online in July 2006 with corrections to the Cover Date.     

Punitive Restoration and Restorative Justice

Criminal justice policy faces the twin challenges of improving our crime reduction efforts while increasing public confidence. These challenges are exacerbated by the fact that at least some measures popular with the public are counterproductive to greater crime reduction. How to achieve greater crime reduction without sacrificing public confidence? While restorative justice approaches offer a promising alternative to traditional sentencing with the potential to achieve these goals, they suffer from several serious obstacles, not least their relatively limited applicability, flexibility, and public support. Punitive restoration is a new and distinctive idea about restorative justice modeled on an important principle of stakeholding, which states that those who have a stake in penal outcomes should have a say about them. Punitive restoration is restorative insofar as it aims to achieve the restoration of rights infringed or threatened by criminal offences. Punitive restoration is punitive insofar as the available options for this agreement are more punitive than found in most restorative justice approaches, such as the option of some form of hard treatment. Punitive restoration sheds new light on how we may meet the twin challenges of improving our efforts to reduce reoffending without sacrificing public confidence, demonstrating how restorative practices can be embedded deeper within the criminal justice system.     

University students’ support to penalty enhancement for hate crime

Laws enabling penalty enhancement for crimes motivated by hostility or prejudice, i.e. hate crimes, have become common in many countries. However, laws as a measure against hate crimes have been contested, because their deterrent effect has gained none or little support in the (limited) literature, and they may be considered symbolic rather than deterrent. This study investigates attitudes towards penalty enhancement for hate crimes. Previous empirical investigations of this question are scarce. The material consists of a survey targeting nearly 3000 Swedish university students. Support for penalty enhancement for hate crime was moderate, shown by one third of the total sample. Results supported the premise that students belonging to a minority group, assumed to be at risk of hate crime victimization, agree to a higher extent of penalty enhancement than students belonging to the majority. Previous victimization experiences and worrying about being victimized were not significantly related to punitive attitudes. However, respondents who perceived the risk of victimization to be increased for minority groups in general were more likely to support penalty enhancement for hate crime. Findings should be confirmed in a nationally representative sample since the public’s perspective on the criminal justice system is important for understanding and dealing with the social problem of hate crime.     

论犯罪控制视野中的刑事诉讼监督

犯罪控制并非程序正义的对立面,其目的之一即是对公民人权的保障。但是,犯罪控制的＂度＂把握不好就会有害于程序正义的实现。因此,有必要对犯罪控制进行＂度＂的控制,刑事诉讼监督即为方式之一,其关注点是人权与正义。新时期实施刑事诉讼监督,应坚持宽严相济刑事政策,吸取情境预防的经验,理顺法律监督内外部关系。     

An Examination of the Relationship Between Media Exposure and Fear of Victimization: Implications of the Superpredator Narrative on Juvenile Justice Policies

The media allow crime to infiltrate the public’s consciousness in every conceivable way, thereby playing a major role in shaping the public’s opinion and attitude toward crime and crime issues (Barak, 1995; Fields & Jerin, 1996; Kappeler & Potter, 2005). Reporters constantly talk about crime, and crime related stories dominate the headlines of local and national newspaper outlets (Dowler, 2003; Pizarro et al, 2007). Some of the most highly rated television programs are based on crime plots and people across social, political, and racial demographics are constantly engaged in crime dialogue generated from local or national news stories. When the focus of these mediums is on youth they become even more profound and contentious. The images portrayed conjure up stereotypes that lead to fear and inflammatory remarks that become entrenched into the national lexicon. The current study uses data from the National Opinion Survey of Crime and Justice to test the relationship between crime-related media viewership and fear of victimization within a nationally representative adult sample. Approximately 42.67% of respondents reported regularly watching crime shows and about the same proportion (42.83%) believed their local media paid too much attention to violent crime. In addition to regular crime-show viewership, confidence in the police, gender, and recent contact with the police were associated with fear of victimization. This article adds to an existing body of research through a largely unexplored area in the administration of justice. It does so within the context of the U.S. juvenile justice system.     

A Commentary on Victimization Research and the Importance of Meaning Structures

This article examines the largely atheoretical tradition of victimization research and some of the unintended consequences of work in the area. In using a legalistic definition of crime, victimization research has failed to incorporate the public's definition of crime and victimization. While “street” and property crime have a decided impact upon people's lives, the consequences of real or alleged corporate and political crimes also affect people's concep-tions of their lives. The authors outline the beginnings of a theoretically apposite reinterpretation of perceptual victimlogy findings and related methodological concerns, and suggest ways that social scientists can become actively involved in the debunk-ing of the “crime wave” mentality perpetuated through the media by providing alternate interpretations of crime statistics.