What is procedural justice: Criteria used by Dutch victims to assess the fairness of criminal justice procedures

The study examines the meaning of procedural justice to Dutch victims of crime. Using victimological research and the group-value or relational model or procedural justice developed by Lind and Tyler, a model for procedural justice judgments is developed and tested using the structural equation model. Data used for the analysis consist of 221 interviews with victims regarding their experience with the public prosecution. Although the emerging model differs from that of Lind and Tyler, results support Lind and Tyler's assertion that procedural justice judgments are normative and not instrumental. Victims are particularly concerned about being treated with dignity and respect and are not interested in influencing the outcome of their case.     

检察机关司法救助工作实证分析--以完善刑事被害人司法救助的运作为视角

健全国家司法救助制度作为完善人权司法保障制度的重要改革措施,顺应了人民群众对司法公正、权益保障的期待。检察机关的司法救助包括刑事被害人救助,涉检信访案件信访人救助,举报人、证人、鉴定人救助等,其中刑事被害人的救助工作发展得比较成熟,是其他救助类型的参照。因此,本文仅以刑事被害人的司法救助为研究对象,梳理检察机关开展该项工作过程中面临的困境,从实体和程序两方面提出立法建议,并对救助后追偿的必要性及可行性进行思考,以期对刑事被害人司法救助工作的规范化和制度化有所裨益。     

被害人陈述之比较研究

被害人陈述作为我国一类独立的刑事证据 ,它与美国被害人影响陈述截然不同 ,也与犯罪嫌疑人、被告人供述和辩解及证人证言存在着程度不同的差异。对它们进行比较研究 ,既有利于正确揭示被害人陈述的特征 ,合理界定它在未来刑事证据立法中的地位 ,也可以借鉴美国被害人影响陈述制度 ,加强我国刑事诉讼中的被害人人权保障。     

Family-of-origin characteristics and current family relationships of female adult incest victims

Past and present family relationships of a group of female adult incest victims were examined. The sample consisted of 40 women who were, at the time of assessment, in treatment for childhood experiences of incest. The majority of these women viewed their families-of-origin as generally unhealthy in regard to various dimensions of autonomy and intimacy. Current relationships with their families-of-origin were characterized by less intimacy and more intimidation, triangulation, and fusion than a normed group. Some of these patterns were also evident in the families-of-procreation of these women, including greater triangulation and less spousal intimacy. The subjects also perceived their families-of-procreation as disengaged, controlling, less active in events outside the family, conflict-ridden, and lacking in organization and emotional expressiveness. Finally, based on a circumplex model, a significant number of families-of-procreation were in the extreme range of family functioning.     

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.     

Screening accident victims

This paper considers victim heterogeneity in harm levels in a bilateral-care model, where harm is private information. In practice, resources are expended on the verification of damages suffered. We establish a sufficient condition for the possibility to accurately deduce the harm level from the observable care choice without spending on verification. For cases in which this condition does not hold, this paper sets out a simple screening mechanism that induces victims to reveal their type truthfully and induces optimal care in equilibrium without verification costs.     

亚洲犯罪被害人补偿法律制度比较研究

制约我国建立犯罪被害人补偿制度的一个重要因素是"经费"不足。但在亚洲如日本、韩国、菲律宾、印度、我国香港、台湾等国家和地区,针对犯罪被害人补偿的法律制度均已逐渐建立和发展起来。这对我们无疑是一个启示:经济的因素不是绝对的,关键是要建立一套行之有效的补偿机制。     

Victims With Voices: How Abused Women Conceptualize the Problem of Spousal Abuse and Implications for Intervention and Prevention

Working from the conceptualization of abused women as both victims of and experts on spousal abuse, this study compares how women who have been abused, and how men and women with either less direct or no experience with spousal abuse, understand the problem and their beliefs about how it should be addressed. Results of a telephone survey of Philadelphia adults (N = 1,850) indicate that although in many ways abused women's opinions regarding domestic violence do not differ from those of nonabused women, abused women are more likely to believe that society gives tacit consent to abusive behavior through its silence and that talking openly about the problem will make it easier to solve. These findings suggest that initiatives aimed at changing the social norm around domestic violence may assist in both intervention and prevention efforts.     

Juvenile and Adult Offenders Arrested for Sexual Homicide: An Analysis of Victim–Offender Relationship and Weapon Used by Race*

Abstract: Limited information is available on racial offending patterns of sexual homicide offenders (SHOs). This study used a 30‐year U.S. Supplementary Homicide Reports sample of SHOs arrested in single‐victim situations (N = 3745). The analysis strength was used to determine whether the findings yielded meaningful patterns for offender profiling. Several important findings emerged for the juvenile offenders. Juvenile White SHOs were likely to target victims with whom they shared a mutual relationship. In contrast, Black juveniles were equally likely to murder strangers and those with whom they had prior and familial relationships. Notably, no juvenile Black SHOs were arrested for murdering intimate partners. Juvenile White SHOs were twice as likely to use edged weapons as their Black counterparts. Black juveniles, conversely, were more likely than White juveniles to use personal weapons. Beyond these findings, known victim–offender relationships and weapon used may not have significant utility for investigators in identifying the SHO race, even after controlling for offender age. Limitations and future directions are discussed.     

Perceptions and prevalence of stalking in a male sample

Abstract

Most research into stalking has focused on males as perpetrators and females as victims. The present study investigated firstly how males perceive the crime of stalking and secondly the prevalence of stalking and other intrusive activities in a male population. A sample of 210 British men was asked to indicate which of a continuum of 42 behaviours they believed to represent stalking. Clear subtypes of perceived stalking were identified, and these did not significantly differ from those produced by a female sample in earlier work (Sheridan, Davies and Boon, 2001). Thus, male and females hold similar views on which activities do and do not constitute ‘stalking’, Respondents were then asked to indicate whether they had personal experience of the same 42 behaviours and if they had, to provide free narrative on their ‘worst experience’. As expected, males reported substantially less experience of intrusive behaviour than females, and just 5.2% were judged to have suffered ‘stalking’. Whilst this figure is significantly below estimates made for females, it still indicates a notable risk for males and suggests that complaints of stalking made by males should be taken as seriously as those made by females.