CRIM 305 Victimology - Final Exam
Four obstacles impeding the recognition of injured children as abuse victims:
Emergency rooms saw the physical abuse effects but didn't understand it, Physicians could not understand why parents would beat their children, Doctor-patient relationship prevented doctors from disclosing confidential info to PD, Testifying in court would place physicians in an awkward position where they had to defend themselves and their medical expertise
Four essential elements of victim programs:
Emergency services (food, shelter, medical, financial help), Advocacy and CJS/JJS support services (system orientation, legal counsel), Claims assistance (insurance claims filing, restitution and victim compensation), Post-sentencing services (notification and reconciliation)
Aims of restorative justice:
Empowerment (targets the needs of all parties) , Restoration (repairs harm done), Reintegration (brings the offender back into the community without the stigma), Emotional and social healing (address non-monetary harms caused)
reflects the ideas that victims and offenders can gain some control over their lives, victims need to have more access to the criminal justice system and be active participants in cases/decision-making
Empowerment theory
a person who is hurt or killed during an attempt to prevent a crime from taking place or attempting to capture a suspected criminal is entitled to compensation
Good Samaritan Acts
instances where ambiguous patient details, implausible caregiver explanations, and conflicting observations can cloud a conclusion, challenge to the accuracy of a physician's diagnostic skills when assessing maltreatment
Gray cases
national initiative launched in 1992 where families receive home visits for three years on a weekly basis, includes childcare, relationship building, parent support, prenatal support, child development, and referrals, modeled after Hawaii Healthy Start program
Healthy Families America Program (Prevent Child Abuse in America)
Coping strategies:
Home visitation/health screening (risks false positive and false negative errors), therapy, education efforts for parents, safe haven laws, parents anonymous groups
commission of an act against a child, any non-accidental infliction of injury that seriously impairs a child's physical or mental health
Abuse
supersedes all previous federal legislation regarding SORN and introduced a new series of rules/regulations to standardize practices and create the national sex offender registry, Includes: Offense and Offenders, Tracking and Penalizing Absconders, Community Notification, Appearance and Verification, and Information Sharing
Adam Walsh Act (2006)
Responses of students to victimization:
Altered attitudes (mentally withdraw from school, be unable to concentrate, decrease in classroom performance, self-blame, depression), Overt responses (fear, avoidance, self-protection (24% of males report carrying a weapon))
plan developed after the 1996 abduction of Amber Hagerman where local radio stations and TV channels broadcast vital info to help spot the victim, all 50 states have an alert system today
Amber Alert (America's Missing: Broadcast Emergency Response)
radiological research term applied to children who have received serious physical abuse generally from a parent or foster parent, Launched a movement aimed at eradicating the new-found concern
Battered child syndrome (Kempe, 1962)
Who is most likely to be victimized by violent crime at school?
Black males (men more likely to be victims of violent crime overall (30 per 1,000 vs. 12 per 1,000))
Who is most likely to carry a weapon at school?
Black/Native American students, LBGTQIA+, male (3x more likely at school, 2x more likely outside of school)
Typical bullying victim:
Black/multiracial, 6th-8th grade, in a rural area, typically in a classroom/hallway/stairwell/cafeteria
to seek harm, coerce, or intimidate
Bullying
Most feared crime according to Gallup (2020) survey:
Burglarly while away (35%), terrorism (25%), hate crime (28%), robbery (24%)
a depository that stores all allegations of child abuse and neglect, federal hotline now exists, helps track relevant histories
Central register
child maltreatment includes the act or failure to take appropriate action leading to serious physical or emotional harm, target is a child, and the perpetrator is a parent/caretaker who is responsible for the child
Child Abuse Prevention and Treatment Act
groups that combine the expertise of LE officers, coroners, health care workers, and prosecutors to investigate child deaths to determine if maltreatment was involved
Child fatality teams
Child most vulnerable to murder due to maltreatment in 2019 vs. 2011:
Children ages 1-4, infants, children 5-8
umbrella organization, independent of the criminal's justice system, that brings together CPS workers, law enforcement officers, the prosecutor's office, educators, mental health counselors, and medical personnel in an effort to provide a coordinated response for maltreated children, designed to keep children from being shuttled from one agency to the other
Children's Advocacy Center (CAC)
the sentencing court at the request of the victim levies a claim against any real or personal property the offender currently possesses or may come to own
Civil restitution lien
All FAFSA student aid is contingent on compliance with _________________
Clery Act
Mandated all colleges & universities to: 1. Record & report annual crime statistics 2. Issue timely warnings of crimes that 'represent a threat'
Clery Act of 1990
Concern over school shootings has been amplified since ______________________________________ in __________
Columbine High School shooting in 1999
seek to teach students to solve conflict and learn appropriate ways of dealing with aggression, avoid escalation (Resolving Conflict Creatively Program and Responding in Peaceful and Positive Ways
Conflict management/resolution programs
a victim must not share personal responsibility for the criminal act
Contributory misconduct
3 tiers of sex offenders:
Convicted offenders who have made numerous adjustments and are least likely to recidivate (state must notify victim and local law enforcement agencies when released from custody) Sexual offender (moderate risk and additional notification is made to local schools/youth organizations/sports and recreation centers) Sexually violent predator (highest risk category, highest proclivity for recidivism, entire community is alerted, flyers and community meetings complete w/ photographs, criminal history, etc., used to indicate offenders presence)
sense of guilt, shame, or anxiety that leads to non-reporting, wavering in initial assessment that the situation is serious or fear they might interrupt an ongoing treatment program
Countertransference
1st insult:
Criminal victimization
use of the internet to attack the victim, usually via social media, offender may be anonymous, the victim can be harassed 24/7
Cyberbullying
children who watch their parents engage in violent outbursts will believe this behavior is acceptable and repeat it in adulthood
Cycle of violence
Problems w/ mandatory reporting:
Defining maltreatment, Variations in what constitutes maltreatment, "buckshot approach" (⅘ allegations deemed unfounded), Varying degrees of emphasis on maltreatment, Level of proof necessary, Lack of reporting
not direct crime victims, usually persons whose lives have been touched by tumultous events (survivors of a homicide attempt, first responders etc.), individuals who have experienced vicarious trauma or may have compassion fatigue
Derivative victims
Post-VT Era Goals:
Develop & implement emergency response plans, Early alert systems (e.g., relaxation of HIPAA privacy mandates), Coordination of university departments (i.e., Dean of Students, faculty, Wellness Center, mental health/counseling, & Police)
behavior is learned in specific interactions with others and individuals learn specific techniques, attitudes, drives, and rationalizations for the behavior, the school environment contributes to the learning process
Differential association theory of school victimization
parties work together to resolve a situation rather than getting law enforcement/courts involved, mechanism of diversion to the court system in the court system, empowers victims by giving them a direct role in the process
Dispute resolution
hitting, punching, shoving, tripping
Physical bullying
reviewed mistreatment by the CJS, substantiated the "double victimization" phenomena, concluded the CJS was in dire need of immediate reform (specific to victims and witnesses)
President's Task Force on Victims of Crime (1982)
inviolable, non-intrudable bond between two parties, for example a physician may not reveal any information without obtaining the patient's consent against the threat of a civil lawsuit, does not exist in child maltreatment cases anymore
Privileged relationship
Procedural justice - the operations of the criminal justice system and interventions need to be viewed through the lens of fairness and satisfaction with how the system procedures and law are applied
Procedural justice
Losses due to victimization:
Property loss, physical injury, economic losses, emotional/psychological loss
A social worker or LE officer can place a child in protective custody if they believe the child is in immediate danger
Protective custody
worker terminates parental custody for the time being, removes child from the home and places them in foster care pending judicial review
Protective custody
Creates an increase in crime by shaming offenders, does not repair harm caused to victim and community
Reintegrative shaming theory
seeks to use interventions that return the victim and offender to pre-offense states, repairs the har done and ensures the action will not take place again, seeks to address needs of everyone affected
Restorative justice
School safety approaches:
Restrict/monitor building access (95.4%) , Security cameras (83.5%, up 337% since 1999), Faculty/staff ID badges (69.9%, up 175% since 1999), Strict dress codes (48.8%), Student uniforms (19.8%, up 68% since 1999), Student ID badges required (9.2%, up 136% since 1999)
present CJS philosophy, focuses on the offender, uses punishment for deterrence and vengeance, views crime as an act of violence against the state/law
Retributive justice
Parents expect children to shower them with love and when the child does not (crying for too long, making a mess, etc.), the parent feels abandoned by the child and this triggers an aggressive parental response
Role reversal
Bringing a large number of young people together at school creates suitable targets, available to potential offenders, with a lack of adult guardianship, this can even influence victimization out of school
Routine activities theory of school victimization
(TX was first to enact SHL in 1999, all states have them now), allows parents to drop off infants without threat of arrest/prosecution, views leaving baby as legally surrendering not abandonment
Safe haven laws
when convicted offenders are released from confinement, they must advise authorities periodically of where they are living/working
Sex offender registration and notification (SORN)
traumatic brain injury that happens when a baby is shaken, causing the brain to bounce back and force and causes swelling, bleeding, bruising., can result in brain damage or death, usually occurs in children younger than 2
Shaken baby syndrome
Supreme Court determined the posting of pictures/personal info of offenders on the internet is legal and not a violation of ex post facto protection (done for civil not criminal purposes, provides info for public good, doesn't expose offenders to a heightened level of ridicule, not a new punishment)
Smith v. Doe (2003)
starting rumors, ostracizing someone
Social bullying
the government, through its system of taxation and provision of services, engages in an unwritten contract to care for the safety and well-being of its citizens. Being a victim of a crime is a representation of the government failing to protect its citizen, so it is the government's responsbility to restore victimized citizens to their former status.
Social contract view of victim compensation
focuses on absorption of experiences and reinforcement, children who experience parental violence may be more likely to do it themselves or experience development problems (poly-victimization)
Social learning approach of child maltreatment
Government attempts to provide a minimum standard of living for its disabled, deprived, and unfortunate citizens, the government should extend its welfare practices and come to the rescue of crime victims
Social welfare view of victim compensation
emphasizes events external to the individual such as lower social class, social stress (lack of coping strategies)
Sociocultural explanations of child maltreatment
created after David Berkowitz gained millions of dollars after selling a book about his crimes, allows the state to confiscate any royalties and place them in a victim compensation fund
Son of Sam provisions
all other avenues for compensation must be exhausted before compensation benefits are forthcoming, payments can only go to victims after all alternative source of funds are exhausted
Source of last resort
system allows victims and witnesses to identify how/if they want to be notified of the process being made in their cases beyond arrest (usually notified by phone/email)
Statewide Automated Victim Information and Notification programs (SAVIN)
individuals feel strain or stressed when others around them are more successful, strained individuals may strike out against more successful individuals
Strain theory -
individuals in certain groups may follow a set of values and beliefs that could lead to conflict
Subcultural explanations of school victimization
increased scrutiny that exists for some individuals or groups but not others, upper class individuals are often screened/monitored less
Surveillance bias
victim sues a corporation, government entity, landlord, etc., concerns the issue of whether the defendant was negligent and didn't maintain a safe and protected environment
Third party civil suit
Sex offender tiers under 2006 SORN law regulation
Tier I offenders (least risky offenders, must register 15 years), Tier II (more serious offenders, must contact authorities semi-annually for 25 years), Tier III offenders (re-register every 3 months including DNA sample, fingerprints, SS #, work/home address, etc)
What is the aim of victim assistance programs?
To make the CJS more user-friendly
refers to a wrongful act that the defendant has committed against the plaintiff
Tort
T/F: Family may be referred to some type of social services or a juvenile dependency court for formal handling
True
T/F: If a case is substantiated but the abuse is a one-time event, case may be terminated
True
T/F: Most statutes designate a public social service agency as the primary recipient of child abuse/neglect reports
True
T/F: Much research on abusers is ex post facto, after abuse occurs, which provides very little predictive power
True
True/False: Disagreement on the definition/scope of child maltreatment is a current barrier
True
T/F: Different levels of proof required to initiate a social service intervention
True: (proof beyond a reasonable doubt vs. some credible evidence)
require people who are convicted of a crime to serve at least 85% of their court-imposed sentence, in 1994 the government incentivized greater truth in sentencing at the state level
Truth in sentencing laws
Includes sexual abuse, sexual exploitation, pornography, and juvenile prostitution, sometimes including corporal punishment or emotional abuse
Types of abuse
the allegation is unfounded and the case is closed
Unsubstantiated disposition
teasing, name-calling, insults
Verbal bullying
individuals who service victims and their needs
Victim advocates
Victim compensation - takes place when the state, rather than the offender, reimburses the victim for losses sustained at the hands of the criminal
Victim compensation
recognizes that crime and its consequences are complex, addresses the needs of victims and offenders through mediation, allows for the airing of grievances, works towards a shared solution
Victim-Offender Mediation
recognizes victims' discontent with the criminal justice system, emphasize getting the best, most information from a victim, by the 1970s programs gained federal funding
Victim-witness projects
Who perpetrates child maltreatment?
Young adults (mid-20s), living at or below poverty level, depressed (difficulty coping with stress), direct or vicarious victimization of familial violence
Many people trace restorative justice practices to the 1970s, but according to Braithwaite:
a majority of the world uses and has used restorative justice as a means to solve issues
Common traits of dispute resolution programs:
a third party mediator is involved, disputants usually know each other, participation is voluntary, processes are informal, disputants are usually referred to the process by someone in the CJS
Youth homicide has been on a ____________ trend over the years, from ____ per yr in 1990 to ____ per yr recently
downward, 30 to 20
Children were treated poorly due to
emotional and economic factors (life expectancy was short, families could not bear the burden of feeding/caring for another child and children could not contribute to the household)
Historically, children were viewed as ______________ including in the Bible and in ancient Greek/Spartan society
family property
_____________ are more likely to experience bullying overall compared to ____
females, males
Colleges/4-year universities have ______________ of victimization compared to trade schools
higher rates
Recommendations from President's Task Force on Victims of Crime (1982):
increased communication with victims, increased victim input, increased quality of services, protect victims from intimidation/harassment, honor scheduled court appearances, promptly return victim property
Self-protection is most common at
inner-city schools
Radiology created the term _________________________________
battered child syndrome
Victims and communities increasingly abandon the CJS because:
it requires increased effort for a decreased reward, which leads to decreased victim reporting, and decreased citizen trust in the CJS
Black and white students experience ________ levels of bullying, more common amongst younger students
similar
Required reporters are:
social workers, teachers/school personnel, doctors/nurses/health care professionals, mental health care professionals, child care providers, medical examiners/coroners, LE
If states do not adhere to ________________ they must forfeit federal monies they normally receive
the Adam Walsh Act
Outcome evaluations look at:
the amount of money collected and funneled to victims
Prosecutors render services to crime victims not out of compassion but to _________________________________________________________________________________.
cultivate or preserve the worth of the victims as witnesses for the states
New Directions from the Field Recommendations to Courts:
Increase judge training on victim issues, victims role in court process, maximize victim inclusion in court process
Impact of restorative justice:
Increased victim consensus and satisfaction, Increased offender compliance (may be due to selection effect), Decreased recidivism, strongest impact on youth
Positives of dispute resolution:
Increased victim satisfaction, Decreases recidivism (mixed support, may be due to selection bias), Best for property crimes and less violent interpersonal crimes, Provides a short-term solution (but not long term)
Children's situation changed during the ____________ when economic labor was fulfilled by making children work
Industrial Revolution
At this time the concept of "childhood" emerged and advocates stepped forward against child maltreatment
Industrial revolution through 1960s
Reasons professionals are reluctant to report suspected incidents of maltreatment:
Insufficient training, countertransference
child abuse is the effect of an internal defect or flaw inside the abuse; such as a lack of inhibition in expressing frustration/impulsivities
Intra individual theories of child maltreatment
New Directions from the Field Recommendations to Corrections:
Involvement in parole board meetings, offender release notifications, help with restitution
first noted child maltreatment in 1946 as a pediatric radiologist after finding bone damage of a mysterious origin in young patients, pushed other clinicians to conduct similar investigations, Suspected parents were responsible for unspecified trauma but never made accusations
John Caffey
any person who makes a child maltreatment report in good faith, they cannot be sued if the allegation turns out to be false
Legislative immunity
After 7 yr old Megan Kanka was murdered by her sex offender neighbor in NJ, public outrage passed Megan's Law, calls for police notification whenever a sex offender is released from prison into the community (gives local authorities the ability to track whereabouts), classify sex offenders into three risk categories
Megan's Law
identified that problems that the criminal justice system provoked for victims and witnesses: time loss, loss of income, time wasted
Milwaukee Victim/Witness Project
Types of restitution:
Monetary payments to victim, Monetary payments to the community, Service performed for the victim, Service performed for the community
Why are reports to social service agencies not satisfactory:
Most agencies conduct business M-F nine-to-five, Agencies do not have ability to make warrantless entry to homes like LE, Perpetrators may be present when the CPS worker arrives
developed under the National Institute of Child Health and Human Development, divides the interview into different phases
NICHD Investigative Interview Protocol
omission of a caretaker function, withholding life's essentials including food, shelter, clothing, medical treatment, etc.
Neglect
Neighborhood reparative boards (NRBs) - existed since the mid-1990s and typically deal with non-violent youthful offenders, seek to restore the victims and community to pre-offense states, require the offender to make amends and aid them in understanding the impact of their actions
Neighborhood reparative boards (NRBs)
Only a fraction of 38 million victims received services, called for new directions for victim's rights, 250+ recommendations for CJS and related communities
New Directions from the Field (1998)
Who is most likely to be victimized by theft at school?
No difference for victims of theft, men more likely to be victimized overall (40 per 1,000 compared to 20 per 1,000 for women)
transfer of money or services from the offender to the victim for damages inflicted by the offender, more common in time before criminal legal system (Law of Hammurabi and the Justinian Code)
Offender restitution
Four remedies to the financial cost of crime:
Offender restitution, Civil litigation, Private litigation, Victim compensation
aimed at the entire school and relies on active student, teacher, and parent participation, establishes rules to govern behavior and responses to offenses, requires meetings between parents/teachers/students and between bullies/victims
Olweus Bullying Prevention Program
theory holding that fathers had the right to kill, sell, or allow their progeny to continue to live
Patriae potestas
Invites community members to determine appropriate sanctions for offenders, requires group consensus
Peacemaking/sentencing circles
What were the most common crimes on college campuses in 2019?
Personal: rape, fondling aggravated assault, robbery, murder Property: Burglary, MVT
Radiologists were key to finding child abuse because:
they examined x-rays not people, can be more objective because they have no contact w/ patient, goal of radiology is to discover new conditions, doctor-patient relationship was not a stumbling block, medical specialty lacked professional prestige (focused on research)
Women more likely to experience __________________, men more likely to experience ______________________
verbal or social bullying: physical bullying
Written reports must include:
victim/parent's identity, address, type of injuries, medical info if possible
New Directions from the Field Recommendations to Law Enforcement:
refer victims to community resources, notify victims of their rights, treat victims as key stakeholders
Some states recognize ______________ that prohibit seeking medical care but exclude life-threatening conditions, some states include substance abuse, withholding child support payments, habitual truancy, and family abandonment as neglect
religious beliefs
Getting involved with the criminal justice system constitutes ___________________________ because it costs victims time/money/effort
second victimization
Immediate costs of child maltreatment:
$33 billion; hospitalization, mental health, child welfare services, JJS/CJS
1 maltreatment case costs:
$6 million over victim's lifetime or $220 million in average costs to U.S. economy
Indirect costs of child maltreatment:
$71 billion; special ed, mental health, juvenile delinquency/adult criminality, lost labor force productivity
Despite this, deaths in school typically account for approximately _______ of all youth deaths
1%
Students most likely to engage in avoidance:
8-9th grade students, Black, and urban public schools
____ of all teachers have been victimized at school
10%
______ have very little or no confidence in CJS
16%
In 2017, CPS monitored 3.5 million children and maltreatment was found in ______of cases
17%
Only _________ states are in substantial compliance and 7 have met at least three categories of the Adam Walsh Act
18
First public accusations of parents as abusers appeared in the ______
1960s
Child maltreatment statuses have remained largely intact since the
1960s and 1970s
Wave of legislation against child abuse arose in the
1960s and 1970s
Renewed interest in restitution came about in the _____________________
1960s/1970s
First CAC opened in ________________________. There are now 1,000 CAC operating in the U.S.
1985 in Huntsville, AL
33 out of every 1,000 youths age 12-18 report being victimized at school each year (mostly violent crime followed by theft crime) or about _________ of total youths
2%
______ of every 100,000 American children, or _____ children per day, died from maltreatment in 2018
2.39, five
_______ of students report being bullied
20.2%
In 2018, _______of children were placed in foster care after CPS investigation concluded
22.9%
In 2018-2019, there were _______ school shootings with 79 injuries, 28 student deaths, and 38 total deaths
24
Most fatalities were infants or children aged ______________________
3 years old or younger
Most juvenile crime committed between _______
3-4PM
Most juvenile violent crime (20%) committed between ________
3-7PM
State Victim Assistance Academies are present in ____________________________
35 states and D.C.
_______ of non-fatal victimizations take place away from school, and _______of non-fatal victimizations take place at school
40%, 60%
______ of people have little confidence in the CJS
42%
______ total deaths in 2018-2019 school year
43
_______ of people avoid certain situations/places/people, ________ carry pepper spray
48%, 14%
_______ of violent victimization goes unreported
59.1%
Characteristics of Amber Alert children:
65% involve children 5 or younger, 70% of recovered children where located in 6 hrs of activation
________ of rape and sexual assault goes unreported
66.1%
_______ of property crime is unreported
67.5%
Youth victimization has decreased __________ in the past 30 years
72%
T/F: all states place same emphasis on child maltreatment
False; sometimes a felony, sometimes a misdemeanor
expands victim-offender mediation to include family members and close friends, creates a support group for both victims and offenders, facilitator leads discussion on the criminal event/its impact and come to a mutually accepted solution
Family Group Conferencing (FGC)
Why don't people report their victmization?
Fear of reprisal, fear police will not say/do anything, fear it is not important enough, belief it is a private matter, CJS related issues (lack of proof, police are inefficient or biased, police can't be bothered, too time consuming)
Problem with 1970s victim-witness funding:
Federal government only provided start-up funds and programs struggled to stay afloat
Typical cyberbullying victim:
Female, multi/biracial, LGBTQIA+
Kendricks was a convicted sex offender who had already served a 10 year prison sentence but upon release was supposed to be institutionalized, Court found that this was not punitive
Kansas v. Hendricks (1997) -
An Amber Alert can take place if:
LE believes an abduction has occurred, child is 17 or younger, child is in imminent danger, child's info is entered into NCIC
initiated a process where the federal government provides victim compensation for federal offenses and federal funds for state compensation programs, $2.2 billion in victim assistance grants to public/non-profit agencies, victim compensation payments, a majority of money goes to victims of physical assault, sexual assault, a family of homicide victims, or domestic/family violence
Victims of Crime Act (VOCA, 1984)
32 Killed (+ gunman) & 17 wounded, response failures: VT informed students ~2 hours after 1st shooting (9:26a), Originally thought an 'isolated, domestic' incident
Virginia Tech (VT) Shooting (April 16, 2007)
Truth in sentencing laws led to
an increase in prisoners and sentence length
Some states allow initial reports to be ______________ followed by a written report to avoid bureaucratic delays when a child is at risk
an oral statement
School victimization ____________ from 1994 to 2010, _______ from 2010 to 2013, and has fallen since then
declined, spiked
College students mostly face ____________ rates of victimization compared to other non-students their age
decreased
The rationale for restitution:
involves the needs of the victims, restoring the victim to before victimization, rehabilitating the offender, providing a less restrictive alternative to incarceration, deterring the offender from future criminal activity
Most child maltreatment cases involve:
neglect (61%), physical abuse (11%), sexual abuse (7%), or multiple abuses (15%)
Restorative justice uses shame to _____________________ to the offender the harms that were caused
productively demonstrate
