History of the Crime Victim s Rights Movement in the US and the Development of Victimology

1. History of the Crime Victim�s Rights Movement in the US and the Development of Victimology Victim Academy 2010 Dr. Helen Eigenberg

2. Objectives Fear of crime and impact upon society Extent of crime and crime trends in US and TN Effect of Victim Blaming Development of the field of victim�s rights and victimology Origins of victim�s rights movement in US

3. Too often Society views crime and victimization as and individual problem and not a social problem. We �don�t want to get involved� http://www.youtube.com/watch?v=AvBKlBhfgPc

4. Fear of Crime

5. i-Clicker Question Most Americans are terribly afraid of crime. A=True B=False

6. i-Clicker Question Fear of crime in American is about equal to one�s risk of victimization. A=True B=False

7. What do most people think of when they think of crime/criminals? Poor Male Urban People of color Strangers Street crime

9. We are especially afraid of random �street crime�

10. Fear of crime continues to permeate the social fabric of America (Kilpatrick, Seymour, and Boyle 1991) In a 1991 survey of a national probability sample �a majority of adult respondents reported that they were at least "a little fearful" of being attacked or robbed: When traveling on vacation or business (72%) Out alone at night in their own neighborhoods (61%). At home in their own house or apartment (60%)

11. Fear varies by: Sex Race Age

12. Respondents who worry about being a victim of the following things frequently or occasionally (2008)

13. Things people do or have done b/c of fear of crime (2007)

14. Attitudes (in %) toward the level of spending to halt the rising crime rate (2002)

15. How safe are we now?

16. Measuring Crime Is crime increasing or decreasing?

17. Two major sources of national data: Uniform Crime Report (UCR) and or NIBRS/TIBRS http://www.fbi.gov/ucr/ucr.htm in TN: http://www.tbi.state.tn.us/ National Crime Victimization Survey (NCVS) http://www.ojp.usdoj.gov/bjs/welcome.html

18. Uniform Crime Reports (UCR) Prepared annually by police departments Measures crimes known to police Limited or no information on victim/offender relationship � especially a problem for assault/domestic violence

19. National Crime Victimization Survey (NCVS) National random sample Victimization survey thus includes crimes not reported to the police

20. And the data say:

21. Crimes Committed in 2007 in Millions based on Data Source

22. i-Clicker Question Most crime in the US is violent crime as opposed to property crime. A=True B=False

23. Most crime is property crime(Source NCVS 2007)

24. i-Clicker Question Your risk of criminal victimization increases as you get older. A=True B=False

25. Age of VictimsViolent crime rate per 1,000 persons in age group: NCVS (2007)

26. i-Clicker Question Whites are more apt to be victimized than other racial groups. A=True B=False

27. Race of VictimsViolent crime rate per 1,000 persons (NCVS: 2007)

28. i-Clicker Question Men are more apt to be victimized than women. A=True B=False

29. Gender of VictimsViolent crime rate per 1,000 persons NCVS (2007)

30. i-Clicker Question Women are most apt to be victimized by strangers. A=True B=False

31. Relationship of Offender to Victims by Gender of Victim (In percentages: NCVS 2007)

32. Relationship of Offender to Victims by Gender of Victims: Intimates and Strangers as Perpetrators (In percentages: NCVS 2004)

33. Separated Women � Very High Victimization Rate

34. i-Clicker Question Crime rates in the US have increased in the past 20 years. A=True B=False

35. Property Crimes show Steady Decline

36. Violent crime rates declined since 1994, reaching the lowest level ever recorded in 2005 (Source NCVS).

37. i-Clicker Question Correctional populations in the US are lower than most other industrialized (Western) countries. A=True B=False

38. i-Clicker Question Correctional populations in the US have been rising proportionate to the crime rate. A=True B=False

39. Correctional populations continue to climb at unprecedented rates (BJS 2007)

40. Why are we so afraid? Where does the fear come from? Media Politicians Rhetoric (war on crime) Drugs Desire for simplistic explanations Social structural belief systems that demonize �others�

41. Perceptions and Reality Perceptions = Reality BUT Reality ? Perceptions

42. Effects of Fear of Crime It ruins the sense of community -- �no-go� areas. Wealthy people protect themselves � isolate or moving from the area � leading to (street) crime being disproportionately located in poor areas When people are afraid, they change their habits. They to stay at home more and avoid �dangerous� activities like taking public transport, walking down a certain road, being near certain �types of people� etc. Leads people to become disillusioned with the criminal justice system -- a feeling of helplessness � and a sense that the law does not serve victims.

43. Origins of Law The Tension Between Public Versus Private �Justice� For Victims

44. Early Legal Systems Eye for an eye philosophy Sometimes attempted to make the victim whole Victims often responsible for securing their own justice Legally � e.g. colonial times Outside legal systems � e.g. blood feuds Some contend victim more central role

45. Role of Law as a State Interest Notion of Social Compact � 1600 and 1700 philosophers Emphasis is that crime is a threat to social order -- hence crime as a state matter rather than individual one as attention shifts from harm to the individual to harm to the state victims loose their role in the criminal justice system (although retain it in the civil system) Thus part of focus for victim�s rights movement has been to put victim �back� in the system

46. Victim Rights Movement Victimology as an Academic Discipline

47. Benjamin Mendelsohn Attorney and scholar who beginning in 1937 begins to talk about �victimology� Conducts rape study in 1940 Goal of victimology: fewer victims search for methods to diminish harm to victims Calls for research on victimization Factors that produce victims are broad Subsequent studies look for causes of victimization by looking at victims Development of concept of victim precipitation (Wolfgang, 1958; Amir, 1971)

48. Exercise You have been given a dream cottage/cabin on the river. It is spectacular. Everything one could one in a vacation retreat. There is one hitch. There are two roads into the property. One takes 10 minutes from the main road and is well maintained but is a private road. The other, the public road, is not paved, bumpy, curvy and takes an hour to get to the main road. But it�s a free cottage/cabin! You have stayed there many times. You met the man that owns the private road. He is a grouchy hermit. He tells you that he will shoot anyone who uses that road. But it�s a free cottage/cabin! You have owned it for 2 years now. No problems. Take the main road. Gouchy man leaves you alone � you stay off his road. Every time he sees you he tells you he will shoot anyone who uses his road. You are there and get a phone call that there has been an accident and someone you love is in the hospital needing a blood transfusion within 2 hours or they will die. You have their blood type. You get in your car and tear off to get to the hospital. You decide to take the shortcut road. The hermit shoots you. Who is to blame?You have been given a dream cottage/cabin on the river. It is spectacular. Everything one could one in a vacation retreat. There is one hitch. There are two roads into the property. One takes 10 minutes from the main road and is well maintained but is a private road. The other, the public road, is not paved, bumpy, curvy and takes an hour to get to the main road. But it�s a free cottage/cabin! You have stayed there many times. You met the man that owns the private road. He is a grouchy hermit. He tells you that he will shoot anyone who uses that road. But it�s a free cottage/cabin! You have owned it for 2 years now. No problems. Take the main road. Gouchy man leaves you alone � you stay off his road. Every time he sees you he tells you he will shoot anyone who uses his road. You are there and get a phone call that there has been an accident and someone you love is in the hospital needing a blood transfusion within 2 hours or they will die. You have their blood type. You get in your car and tear off to get to the hospital. You decide to take the shortcut road. The hermit shoots you. Who is to blame?

49. i-Clicker Question Who is to blame for this crime? A=you B=grouchy hermit C=some one else

50. Victim Precipitation Divides some finite amount of responsibility between victims and offenders -- Victims can be fully responsible, completely innocent of precipitation, or somewhere in between. Proponents of this perspective contend that the victim�s actions are important in order to establish responsibility Opponents argue that it results in blaming the victim and diverts attention away from perpetrators and their responsibility for the crime.

51. Problems with Concept of Victim Precipitation

52. Circular Thinking Like criminologists, victimologists have often assumed there are differences between victims and non-victims Measure characteristics of victims only Lead to a failure to identify common characteristics that �cause� victimization Only thing that causes victimization is to be victimized.

53. Conceptual Weaknesses Concept creates a continuum ranging from totally innocent victim to totally responsible victim Thus, victims are assigned some degree of responsibility for their victimization � no matter how small (e.g., bad choices) If there is a finite amount of responsibility for a crime, then offenders accountability is automatically reduced when victims are blamed

54. Offender Responsibility

55. Excuses Offenders Behavior Attention shifts to victim behavior rather than the actions of the offender Provides cultural framework which offenders use to rationalize their behavior Provides cultural framework which the criminal justice system uses that often endorses victim blaming in principle and in practice (e.g. affect judges, juries, prosecutors, and police actions)

56. Places Undue Responsibility on Victims Implies that victims know how to prevent victimization Ignores that many people in society have disproportionate risk of victimization How does one live in a society to ensure they are not victimized? Even if it were possible, do you want to live that way? Sometimes �risky� behavior is not avoidable (e.g. hitchhiking when car breaks down)

57. Victim Blaming Results in additional trauma to victims who must deal not only with victimization but the added burden of being told that it is their fault Results in SILENCE But is often accepted with little outrage

58. U Tube Video on Bill Riley and Child Sexual Assault Case (http://www.youtube.com/watch?v=trUIVZFXVmw)

59. Why do we, as a society, endorse this idea? Just world hypothesis � provides false sense of security and allows us to ignore random and unpredictable nature of crime Gives (false) sense of empowerment for individuals but may increase harm done to victims

60. Helps answer difficult questions about the motivations of offenders and draws our attention away from the idea that traditional criminology�s inability to prevent crime Allows us to shift our attention from social structural problems to individual explanations � ignores the idea that social problems may be rooted in the way our society is organized (e.g., gender, race, poverty).

61. Concept of Victim Precipitation Has been central to the study of victimology; however, it has posed many difficulties. Causes further victimization to some victims who blame themselves or who experience victim blaming by the criminal justice system or others in society Affects our very conceptualization of crime and victimization. Keeps us from asking very different questions which might drastically alter our understanding of both crime and victimization.

62. Changing the way we view victims could radically change our view of crime. What if crime waves, media coverage and official crime statistics had little to do with the real victimization level? What if we found our fears and insecurities about crime artificially manipulated for political purposes? Suppose we discovered that most people commit crime, not just certain groups?

63. What if the real career criminals were corporate offenders, not common criminals? What if we found that victims have often been offenders before, and vice versa? What if we discovered that we were as likely to be victimized by a friend or relative as by a stranger?

64. Developments in the Victim�s Rights Movement Landmarks in the History of Victim Assistance Field (Five Stages)

65. 2-65 OVC Oral History Project �The History of the Crime Victims� Movement in the United States� �A Retrospective of the 1982 President�s Task Force on Victims of Crime� �Paving the Path to Justice� videotape of the history of the field How To Create an Oral History Project (for states and jurisdictions)

66. Social Movements of 1960s The Civil Rights Movement The Antiwar Movement The Women's Movement The Law and Order Movement

67. Impact of Social Movements of 1960s Raises issues related to civil disobedience, role of government, and equality. Demonstrated power of grassroots movements. (re)Introduced violence against women as a social problem and pursued changes to benefit women.

68. Stage 1: Response to Crime Rising crime rates Civil unrest Creation of state crime commissions Some victims rights developments Law Enforcement Assistance Administration (LEAA)

69. 2. Impact of LEAA Begins in 1965 as part of Johnson�s war on crime Makes crime a federal issue � really for first time Focuses on system wide planning, upgrading training/education of cj personnel, and improving law enforcement Uses formula grants at state level (blueprint for all that follow) Gave out billions of dollars � highest was in 1973 � 1.75 billon Never any agreement or congressional debate about substantive approach in terms of national crime policy � only about how to distribute funds Politically expedient � taking action on crime w/out a coherent philosophy

70. Problems Large bureaucracy Overlapping responsibility (state/feds) Changing structure and congressional requirements Annual funding process � effect on long term planning and programming Crime control is not a federal issue CJS resists innovation Contributed to the politicalization of crime Focus on symbolic rhetoric more than coherent strategy (Feeley, M. and Sarat, A. (1980). The Policy Dilemma. Minneapolis: University of Minnesota Press.)

71. Advances In 1965, the first crime victims� compensation program was established by the California legislature. Movement led by grassroots activists In 1972, volunteers founded the first three official victim assistance programs that still exist today: Aid for Victims of Crime, St. Louis, Missouri (now the Crime Victim Advocacy Center of St. Louis). Bay Area Women Against Rape, San Francisco, California. Rape Crisis Center, Washington, DC.

72. NCS established Many victim witness programs funded by LEAA beginning early 1970s In 1974, the first battered women�s shelter was established in Denver, Colorado. It was operated by volunteers who used their own funds and a few donations. Grassroots rape crisis programs developing Roots of a movement began

73. Stage 2: Conflict and Unstable FundingStage 2: Conflict and Unstable Funding 1979 LEAA defunded by Congress ending funding stream for many programs Professionalism and training emerged as competing themes contrasting perspectives, purposes, structure, and operation of grassroots victim programs versus criminal justice-based programs increasingly became issues.

74. Evolution: In 1978, sexual assault programs and domestic violence programs created their own national organizations National Coalition Against Sexual Assault (NCASA). National Coalition Against Domestic Violence (NCADV) Sometimes with a sense that cj systems were not responding effectively or fast enough Tension remains sometimes (advocacy vs system workers)

75. Other victim organizations Two new grassroots programs enter stage: Parents of Murdered Children (POMC), founded by Robert and Charlotte Hullinger in 1978. Mothers Against Drunk Driving (MADD), founded by Candy Lightner and Cindi Lamb in 1980. Sometimes compete for resources with victims of violence against women

76. Landmarks: In 1981, Ronald Reagan became the first president to proclaim National Victims� Rights Week. Later that year, the Attorney General�s Task Force on Violent Crime issued its report. Recommend a separate task force be created to consider victims� issues. Get tough on crime philosophy and conservative crime control policies

77. Impact of Law and Order Movement Victim assistance programs proliferate: by 1995, all fifty states and the District of Columbia had enacted crime victim compensation programs.

78. Stage 3: Public Awareness Movement continues to make advances in public awareness and changes in law and policy legislative changes including victims� bills of rights, proposals for training and education, and expansion of existing victim/witness programs. 1984 Victims of Crime Act (VOCA). Established the Crime Victims Fund to provide funds for local victim assistance programs and state victim compensation

79. VOCA(more information at: http://www.ovc.gov/) Primarily funds victim assistance and compensation programs 1986 first funds distributed to states 1988 VOCA amended to require states to pay benefits to domestic violence victims and drunk driving victims Initiated process whereby federal government would provide victim compensation funds for state compensation programs Funds from fines, bond forfeitures, and asset forfeitures Helped standardize state compensation laws

80. VOCA Funding From its inception in FY 1985 until FY 2000, all amounts deposited into the Fund were distributed to support victim services. Since FY 2000, Congress has delayed obligations �to maintain a stable source of support for future victim services�. Congressionally established amounts for obligations (caps) in FYs 2005 and 2006 were $620 million and $625 million, respectively. About 85% of funds go to state compensation and victim assistance grants

81. Large recent awards (paying in installments) Infineon Technologies, October 2004�$160 million to be paid in five annual installments of $27 million, with a final payment of $25 million in FY 2009. Hynix Semiconductor, Inc., May 2005�$185 million with an initial payment of $10 million and five subsequent annual installments of $35 million each through FY 2010. Samsung Electronics Company, December 2005�$300 million to be paid in six annual installments of $50 million each through FY 2011. The annual installments from these cases will increase average annual deposits by approximately $112 million over the next 5 to 6 years.

82. Funding 2006 Available funds: 1.36 billion dollars Deposits 668 million dollars Available 625 million dollars by statute

84. VOCA Funding 2006 164,994 claims were approved at an average payout of slightly more than $3000. Assault cases accounted for the majority of paid claims and total payout amount. Domestic violence-related claims under the assault category account for 83 percent of the assault claims

86. Recent Changes Congress has taken important steps to restore VOCA funding. From 2006 - 2008, state VOCA victim assistance programs suffered $87 million (22 percent) in cuts.� The Obama-Biden Administration has requested a 2010 VOCA cap of $700 million Under the 2009 Omnibus Appropriations Act and the Recovery Act, funding for VOCA victim assistance programs will restore these grants to the 2006 amounts, plus inflation. The recently released budget proposal also appears to reverse previous attempts to permanently remove the balance retained in the Crime Victims Fund.

87. Advances in this stage The Office for Victims of Crime (OVC), created in the Department of Justice in 1983 With increased public awareness and high-level political support for victims� issues, numerous programs were started and laws passed during the 1980s. The greatest increase in victim/�witness programs occurred in this stage of development. Some other highlights: National Conference of the Judiciary on Victims of Crime (1983). Missing Children�s Assistance Act, which included the establishment of the National Center for Missing and Exploited Children by Congress (1984). Attorney General�s Task Force on Family Violence (1984). Family Violence Prevention and Services Act (1984). National Institute of Mental Health (NIMH) and NOVA national colloquium, �Aftermath of Crime: A Mental Health Crisis� (1985). National Center for Victims of Crime (formerly Sunny von Bulow National Victim Center) (1985).

88. Challenges Identifying and meeting the needs of domestic violence, sexual assault, and child abuse victims Adequate funding -- cuts in state funding coupled with a large growth in claims More applicants who lack private medical insurance Processing cases in efficient and timely nature

89. Stage 4: Expanding Legislative Agenda legislative agenda has continued to grow and expand in the 1990s As of 1995, all 50 states, the District of Columbia had enacted crime victim compensation programs. As of 1998, 33 states had passed constitutional amendments. The U.S. Congress passed major legislation that addressed hate crimes, campus security, child protection, violence against women, sexual assault, kidnapping, and gun control. Currently, all states have passed victims� rights legislation in the form of a victims� bill of rights or a series of statutory protections.

90. Violence Against Women Act (VAWA)(for more information visit: http://www.usdoj.gov/ovw/) First introduced in 1990 ultimately passed 1994 First piece of federal legislation designed specifically to address violence against women including domestic violence, dating violence, sexual assault and stalking, Provided for improved prevention and prosecution of violent crimes against women and children Significantly increased the amount of federal funding available to support service programs at state level Re-authorized many times (2000, 2005)

91. VAWA funds in Millions of Dollars

92. 5. Stage 5: Emerging Professionalism Victim service providers work in a very diverse array of settings -- areas of expertise and training are increasing multidisciplinary in nature. Growing recognition that certification or some other form of credentialing is necessary. Increased professionalization related to salary issues California State University-Fresno (CSUF) developed the first victimology major (1991) and the first graduate concentration in victimology (1992) National Victim Assistance Academy (NVAA) curriculum and NOVA certification

93. Backlash against the Movement Victim feminism �abuse excuse� Claims of exaggeration of problems Commercial exploitation Sensationalizing exploitive civil suits (McDonalds hot coffee) Dismissing experts/researchers as victims with �chips on their shoulders� � challenge their objectivity

94. Effects of Backlash Trivializes the real and prevalent issues Silences victims (stigmatization) Perpetuates victim blaming and invisibility Continues to make certain types of victimization seem rare and isolated rather than pervasive and common Perpetuates a victim blaming culture Continues to perpetuate mis-information about the nature of crime and victimization

96. Future Developments Continued legislative reforms Acknowledgement of other major social systems and the role they play (e.g., medical, religious, educational) Continued increase in partnerships and coordinated responses Massive proliferation of research and continued (piecemeal) programmatic changes in the field Continued politicization of crime and hence victimization

97. Major Categories of Victim�s Rights Laws Stem from conceptualization of victimization as a crime against the state

98. 1. Right To Be Treated With Dignity and Respect Asserts that crime victims will be treated with sensitivity during all phases of justice processes and by all agents of justice systems. Included in most states� constitutional amendments that define victims� rights, most states� victims� bill of rights, and the Federal Crime Victims� Rights Act

99. 2. Right to Information and Referral to be given information about their rights, crime victim compensation, the justice process, and community- and system-based services that are available to help victims cope in the aftermath of crime.

100. 3. Right to Notification Victim notification is considered to be the threshold right from which all other victims� rights emanate. Timely notification of criminal justice proceedings�from law enforcement through the courts, corrections, and the appellate process�is paramount. If crime victims are unaware that they even have rights, they will be unable to exercise them.

101. 4. Right To Be Present asserts the right of a victim to be present during criminal justice proceedings (sometimes specified by state statutes and constitutions) with varying degrees of specificity. Absolute terms (e.g., �Victims shall have the right to attend all criminal justice proceedings that the defendant has the right to attend�). rebuttable presumption regarding a victim�s right to attend, allowing judges considerable discretion in its application.

102. Some jurisdictions have not specifically defined which proceedings the victim has the right to attend, while others have specifically listed such proceedings. The right to be present may also differ dramatically depending on the proceeding to which it applies. Victims may have the broad right to attend sentencing hearings but a very narrow right to attend the guilt phase of the same trial.

103. 5. Right To Be Heard In some states, the right to be heard has been extended by statute to include Pretrial release hearings. Bail hearings. Before the disposition of plea agreements. Before a probation agreement. Most states also allow victims to be heard before or at hearings related to an offender�s parole or commutation.

104. Plea Bargaining one of the most pressing victims� rights today is the absolute need for crime victims to be heard before criminal cases are resolved through a negotiated plea More extensive use of impact statements Use of them at earlier stages in process (eg bail)

105. 6. Right to Reasonable Protection From Intimidation and Harm measures that can enhance their personal safety and prevent an alleged or convicted offender from intimidating, threatening, or harming them. Notification systems Laws that address issue as another crime Protective and no contact orders Increasingly being seen as problem for witnesses as well as victims

106. 7. Right to Restitution oldest victim right -- dates back thousands of years. not a punishment or an alternative to fines, sanctions, or interventions with the offender -- is a debt owed to victims among the first victims� rights laws passed in the 1960s and 1970s. an attempt to restore�to the extent possible�the crime victim to his or her pre-offense state

107. 8. Right To Apply for Compensation

108. 9. Right to Speedy Proceedings court is required to consider any adverse impact a delay may have on the well-being of the victim when considering a motion for a delay or continuance (theory) Practice delay and long proceedings a fact of life in the system

109. 10. Special Rights and Protections Employer Intercession -- laws that prohibit employers from taking adverse action against victims who must miss work to participate in the justice process Prompt Property Return Right to Privacy (victim contact info, protection of identity of victim)

110. Enforcement many victims� rights continued to suffer a fundamental legal flaw: They were often unenforceable. not �rights� because without remedies rights are empty promises. Need mechanisms that result in enforcment

111. The Role of Victim Advocates in Ensuring that Victims Receive Their Rights

112. Effective victim advocacy requires that victim advocates have a strong working knowledge of victims� rights laws and how they should be implemented

113. Advocates should: Help victims with necessary documentation for restitution and compensation applications Maintain copies of all laws (and updates) pertaining to crime victims� rights in their respective state and jurisdiction. Become familiar with advances in case law on behalf of victims (National Crime Victim Law Institute website: www.ncvli.org) and TCADSV Have a working knowledge of the justice agency responsible for implementing the right. Importance of maintaining contacts with official agencies