The document discusses the history and development of victims' rights in the criminal justice system, from victims having little status or rights in the early 1970s to the passage of numerous laws at both the federal and state levels establishing victims' rights. It also outlines various services and programs that exist to help victims of crimes, such as victim compensation, restitution, victim impact statements, and notification programs. The future of victims' rights aims to further establish fundamental rights for crime victims and provide comprehensive victim services.
These PowerPoint presentations are intended for use by crime prevention practitioners who bring their experience and expertise to each topic. The presentations are not intended for public use or by individuals with no training or expertise in crime prevention. Each presentation is intended to educate, increase awareness, and teach prevention strategies. Presenters must discern whether their audiences require a more basic or advanced level of information.
NCPC welcomes your input and would like your assistance in tracking the use of these topical presentations. Please email NCPC at trainings@ncpc.org with information about when and how the presentations were used. If you like, we will also place you in a database to receive updates of the PowerPoint presentations and additional training information. We encourage you to visit www.ncpc.org to find additional information on these topics. We also invite you to send in your own trainer notes, handouts, pictures, and anecdotes to share with others on www.ncpc.org.
These PowerPoint presentations are intended for use by crime prevention practitioners who bring their experience and expertise to each topic. The presentations are not intended for public use or by individuals with no training or expertise in crime prevention. Each presentation is intended to educate, increase awareness, and teach prevention strategies. Presenters must discern whether their audiences require a more basic or advanced level of information.
NCPC welcomes your input and would like your assistance in tracking the use of these topical presentations. Please email NCPC at trainings@ncpc.org with information about when and how the presentations were used. If you like, we will also place you in a database to receive updates of the PowerPoint presentations and additional training information. We encourage you to visit www.ncpc.org to find additional information on these topics. We also invite you to send in your own trainer notes, handouts, pictures, and anecdotes to share with others on www.ncpc.org.
recently the law has regonised the victim of crime as earlier only law was focused on rights of accused. now the victims of crime has been given much required reliefs and ample powers are granted to Legal services Authority to grant appropriate reliefs to victims.
This presentation covers the main pointers to remember while studying the schools of criminology. Compiling together in simple language, I've created a friendly presentation to help you associate the school with its salient features.
*Please open in Microsoft PPT for high definition and best effects :)
Classical Theory: One of the earliest approaches to explaining the causes of crime was classical theory. A product of the Enlightenment, based on the assumption that people exercise free will and are thus completely responsible for their actions. In classical theory, human behavior, including criminal behavior, is motivated by a hedonistic rationality, in which actors weigh the potential pleasure of an action against the possible pain associated with it.
Neo-Classical: A modification of classical theory in which it was conceded that certain factors, such as insanity, might inhibit the exercise of free will. Premeditation as a measure of the degree of free will.
Mitigating circumstances as legitimate grounds for diminished responsibility.
ASSIGNMENTDiscussion Victim Impact StatementAccording to th.docxmckellarhastings
ASSIGNMENT
Discussion: Victim Impact Statement
According to the National Center for Victims of Crime (2012), a victim impact statement, now allowed in all 50 states, provides victims with a way to explain how a crime has impacted their lives. This information can then be used by a judge “to help determine an offender’s sentence” or by a parole board to determine parole. In this Discussion, you will locate and analyze a victim impact statement.
To prepare:
Search the Internet and locate a victim impact statement (video or written).
Reflect on the background and relevant facts of the case for which the statement was prepared.
In a minimum of
300 words
, briefly describe the background of the case, including:
Criminals involved
Victims involved
Crime committed
Apparent impacts
Other relevant information to provide context
Summarize the main points made by the victim in his or her statement. If you were the judge in this case, how would this victim impact statement influence your sentencing? Finally, discuss whether you think victim impact statements are a necessary part of a criminal case. Be sure to provide a link to the video or site in your initial post
Reference
National Center for Victims of Crime. (2012). Victim impact statements. Retrieved from http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/victim-impact-statements
Reading material
Daigle, L. E. (2018). Victimology (2nd ed.). Thousand Oaks, CA: Sage Publishing.Chapter 5, “Victims’ Rights and Remedies” (pp. 59–74)
Victimology, 2nd Edition by Daigle, L.E. Copyright 2018 by Sage College. Reprinted by permission of Sage College via the Copyright Clearance Center.
Chapter 5 Victims’ Rights and RemediesLet’s revisit Polly now that it has been a few days since she was victimized. Remember that Polly is a young undergraduate student who was accosted by two offenders as she was walking home. Her school bag was stolen, and she was assaulted. Unlike most victims, Polly called the police to report what had happened to her. She had to have 10 stitches at the hospital. Clearly a victim, she was still questioned by the police about why she was walking home alone at night. She very well may have felt victimized by this questioning—and we know that she had a hard time emotionally after being victimized. She found it hard to get out of bed, and she missed several classes—she even altered her schedule and stopped going out alone at night.In Chapter 3, you considered the toll this victimization took on Polly—on her emotions and her lifestyle, and of course financially. As you know, Polly is not alone in suffering these costs. Many victims experience real costs and consequences. But how do victims deal with these outcomes? Are they left to recover on their own, or are services available to them? Whose responsibility is it to help crime victims? What happens when crime victims do not get the help they need and deserve? All these questions are add.
recently the law has regonised the victim of crime as earlier only law was focused on rights of accused. now the victims of crime has been given much required reliefs and ample powers are granted to Legal services Authority to grant appropriate reliefs to victims.
This presentation covers the main pointers to remember while studying the schools of criminology. Compiling together in simple language, I've created a friendly presentation to help you associate the school with its salient features.
*Please open in Microsoft PPT for high definition and best effects :)
Classical Theory: One of the earliest approaches to explaining the causes of crime was classical theory. A product of the Enlightenment, based on the assumption that people exercise free will and are thus completely responsible for their actions. In classical theory, human behavior, including criminal behavior, is motivated by a hedonistic rationality, in which actors weigh the potential pleasure of an action against the possible pain associated with it.
Neo-Classical: A modification of classical theory in which it was conceded that certain factors, such as insanity, might inhibit the exercise of free will. Premeditation as a measure of the degree of free will.
Mitigating circumstances as legitimate grounds for diminished responsibility.
ASSIGNMENTDiscussion Victim Impact StatementAccording to th.docxmckellarhastings
ASSIGNMENT
Discussion: Victim Impact Statement
According to the National Center for Victims of Crime (2012), a victim impact statement, now allowed in all 50 states, provides victims with a way to explain how a crime has impacted their lives. This information can then be used by a judge “to help determine an offender’s sentence” or by a parole board to determine parole. In this Discussion, you will locate and analyze a victim impact statement.
To prepare:
Search the Internet and locate a victim impact statement (video or written).
Reflect on the background and relevant facts of the case for which the statement was prepared.
In a minimum of
300 words
, briefly describe the background of the case, including:
Criminals involved
Victims involved
Crime committed
Apparent impacts
Other relevant information to provide context
Summarize the main points made by the victim in his or her statement. If you were the judge in this case, how would this victim impact statement influence your sentencing? Finally, discuss whether you think victim impact statements are a necessary part of a criminal case. Be sure to provide a link to the video or site in your initial post
Reference
National Center for Victims of Crime. (2012). Victim impact statements. Retrieved from http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/victim-impact-statements
Reading material
Daigle, L. E. (2018). Victimology (2nd ed.). Thousand Oaks, CA: Sage Publishing.Chapter 5, “Victims’ Rights and Remedies” (pp. 59–74)
Victimology, 2nd Edition by Daigle, L.E. Copyright 2018 by Sage College. Reprinted by permission of Sage College via the Copyright Clearance Center.
Chapter 5 Victims’ Rights and RemediesLet’s revisit Polly now that it has been a few days since she was victimized. Remember that Polly is a young undergraduate student who was accosted by two offenders as she was walking home. Her school bag was stolen, and she was assaulted. Unlike most victims, Polly called the police to report what had happened to her. She had to have 10 stitches at the hospital. Clearly a victim, she was still questioned by the police about why she was walking home alone at night. She very well may have felt victimized by this questioning—and we know that she had a hard time emotionally after being victimized. She found it hard to get out of bed, and she missed several classes—she even altered her schedule and stopped going out alone at night.In Chapter 3, you considered the toll this victimization took on Polly—on her emotions and her lifestyle, and of course financially. As you know, Polly is not alone in suffering these costs. Many victims experience real costs and consequences. But how do victims deal with these outcomes? Are they left to recover on their own, or are services available to them? Whose responsibility is it to help crime victims? What happens when crime victims do not get the help they need and deserve? All these questions are add.
52Assignment 2 Informational Brochure Victims’ Rights and Ser.docxfredharris32
5:2
Assignment 2: Informational Brochure: Victims’ Rights and Services
Power-point Imagine this scenario: You have been hired to create a brochure on victims’ rights and services. The brochure will be distributed to businesses, schools, community centers, places of worship, and other areas where exposure is high. The brochure will focus on crime and victims in Washington, D.C.
The Assessment:
Perform research in the Walden Library and the Internet to find scholarly resources that focus on crime and victim statistics in Washington, D.C. You can also utilize crime mapping tools and crime statistics databases.
Subject Research: Criminal Justice & Security
Develop a brochure that includes the following:
A cover/title panel with graphics and statistics
The Crime Victim’s Bill of Rights
The Crime Victims Compensation Program in Washington, D.C.
Types of victims
Community resources in Washington, D.C.
Volunteer opportunities in Washington, D.C.
Module Journal: Reflection
At the end of each module, you will reflect on what you learned in the module. Write
1–2 paragraphs
in which you discuss what you found most interesting, and explain. Discuss whether factors of class, race, and sexual orientation affect the perception of the victim by different constituents, including the public, the court system, and the media.
Reading material
Bureau of Justice Statistics. (n.d.). Retrieved May 29, 2018, from https://www.bjs.gov/content/pub/press/vnrp0610pr.cfm
National Center for Victims of Crime. (2012). Retrieved March 13, 2018, from http://victimsofcrime.org/home
READING MATERIAL/Expectations
Reference
National Center for Victims of Crime. (2012). Victim impact statements. Retrieved from http://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-victims/victim-impact-statements
Reading material
Daigle, L. E. (2018). Victimology (2nd ed.). Thousand Oaks, CA: Sage Publishing.
Chapter 5, “Victims’ Rights and Remedies” (pp. 59–74)
Victimology, 2nd Edition by Daigle, L.E. Copyright 2018 by Sage College. Reprinted by permission of Sage College via the Copyright Clearance Center.
Chapter 5 Victims’ Rights and Remedies
Let’s revisit Polly now that it has been a few days since she was victimized. Remember that Polly is a young undergraduate student who was accosted by two offenders as she was walking home. Her school bag was stolen, and she was assaulted. Unlike most victims, Polly called the police to report what had happened to her. She had to have 10 stitches at the hospital. Clearly a victim, she was still questioned by the police about why she was walking home alone at night. She very well may have felt victimized by this questioning—and we know that she had a hard time emotionally after being victimized. She found it hard to get out of bed, and she missed several classes—she even altered her schedule and stopped going out alone at night.
In Chapter 3, you considered the toll this victimization took on Polly—on .
Page 1 of 5 Victims’ Rights Cory P. Haberman U.docxalfred4lewis58146
Page 1 of 5
Victims’ Rights
Cory P. Haberman
University of Cincinnati
INTRODUCTION
During the early period of the criminal justice system, crime victims were responsible for bringing their
cases before the court for prosecution. Eventually, prosecutors’ offices were created and became
responsible for representing the state during court proceedings. Prosecutor’s offices were developed for
three reasons: (1) it demonstrated that crimes are committed against all of society and not just the
victim, (2) it removed the value of vengeance from criminal justice process, and (3) it meant that
specially trained professionals are responsible for the legal process in which in return ensures fair and
effective prosecutions take place. After the development of modern prosecutors’ offices, victims
essentially became excluded from the criminal justice process [1]. The Victims’ Rights Movement sought
to change that. In the remainder of this lecture we will discuss the Victims’ Rights Movement, the
policies that resulted from it, and the impacts of those policies on criminal justice outcomes.
THE VICTIMS’ RIGHTS MOVEMENT
The Victims’ Rights Movement (VRM) began in the 1970s. Young and Stein suggest the VRM was
jumpstarted due to: (1) an increase in criminological research on victimology, (2) the introduction of the
idea that states should supply victims with financial compensation after victimization, (3) women’s rights
movements, (4) the rise of crime throughout the 1960s (and on) and the perception that the criminal
justice system was ineffective, and (5) the growth of activism and the founding of activity groups by
crime victims (e.g., Parents of Murdered Children or Mothers Against Drunk Driving). First, researchers
began to question why some people became victims of crime or failed to report crimes to the police.
Second, after some states began to copy programs in other countries that supplied compensation to
crime victims, the seed was planted for thinking about what could be done to assist crime victims. Third,
women’s rights activist began to question the lack of attention that was paid to sexual assault crimes
and domestic violence. Fourth, after crime rates began to rise throughout the 1960s, many people
questioned the effectiveness of the criminal justice system and particularly the fact that many
prosecutions failed because victims refused to move forward in the cases. Fifth, a number of crime
victims started advocacy and support groups for crime victims, and those groups began to lobby
legislatures for support for crime victims. With the help of federal funding, most states had adopted at
least some victims’ services programs by the end of the 1970s that focused on crisis intervention,
counseling, support during the criminal justice process, victim compensation, and victim restitution [2].
The VRM continued in the 1980s. In 1984, the Victims of Crime Act (VOCA) was passed. VOCA
.
Victim Rights Between 1990 and 2004, the government star.docxalehosickg3
Victim Rights
Between 1990 and 2004, the government started granting crime victims' rights for the cases against the accused. These rights progressively become more and more to make the process easier and more helpful to the victims. These granted rights are the right to notification, participation and consultation, compensation and restitution, right to protection, and right to a speedy trial.
Notification
Having notification of everything that is going on with a case is one of the most basic and important rights that a victim can have.
Participation and Consultation
The most common form of participation is a victim impact statement that is submitted at the time of sentencing. Some states will even allow for victims to submit a statement of what they feel is an appropriate sentence for the offender. Also 40 of the 50 states requires officials to contact the victim before making decisions on bond, please, sentencing, and parole.
Compensation and Restitution
Victims often incur costs due to the crime that was committed against them whether it be medical costs, property damage, or loss of income. The restitution money is typically required to be paid in order for an offender to be able to be released on parole, as part of a suspended sentence, or to be able to be put on work release. There is also a public victim compensation program that helps to pay the victims for restitution and these funds are collected by fees and charges paid by the offender.
Right to Protection
Most states provide victims some right to protection whether it be information about what to do when a defendant makes intimidating comments, the courts will provide no contact orders, provide separate and secure waiting rooms. Many states are also providing protection from intimidation by not making the victims' personal information on court documents as well as not having to provide work addresses in court.
Right to a Speedy Trail
Only about half of states provide the right to a speedy disposition of trial, but the courts are required to take into consideration the interest of the victims when it comes to ruling on motions for continuance. Some states also provide accelerated dispositions for those cases that involve elderly, disabled, or minor children.
Reference
Davis, R.C., & Mulford, C. (2008, May). Victim rights and new remedies: Finally getting victims their due. Journal of Contemporary Criminal Justice, 24,198.
.
Led by law enforcement professionals working in partnership with victim advocates and experts in the field of sexual assault response and prevention, the aim of the You Have Options Program (YHOP) is to make the law enforcement response to sexual assault more effective. This presentation is from the National Center for Campus Public Safety’s (NCCPS) webinar, You Have Options: An Overview of the National Law Enforcement Sexual Assault Reporting Program. In this webinar, Detective Carrie Hull, YHOP program director, and Christia Currie, training and information specialist, discuss the 20 Elements of the YHOP, as well as the implementation process for participating law enforcement agencies, including sworn campus law enforcement agencies.
2. Victims
Victim: Someone who suffers direct or
threatened physical, emotional, or financial harm
as the result of the commission or attempted
commission of a crime or delinquent act; the
term victim also includes the immediate family of
a minor or homicide victim, but does not include
a person in custody for an offense, or the
accused
Victims’ Rights: The fundamental rights of
victims to be represented equitably throughout
the criminal justice process
14-2
3. Victims’ Rights
From a legal perspective, crimes are considered
offenses against the state.
Until the 1970s, victims had little or no status
within the justice system, and victims’ rights
were virtually nonexistent.
The first state-level victims’ rights bill, Wisconsin’s
Victims’ Bill of Rights (1980), launched an era of
dramatic progress in the victims’ rights movement.
California’s Proposition 9 (Victim’s Rights and Protection
Act of 2008) is the most comprehensive Victim’s Bill of
Right’s in the Nation, with 17 distinct rights.
14-3
4. Key Federal Legislation
The Victim and Witness Protection Act, 1982
Victims of Crime Act, 1984
The Victims’ Rights and Restitution Act, 1990
The Violent Crime Control and Law Enforcement
Act, 1994
The Community Notification Act (Megan’s Law),
1996
Mandatory Victim Restitution Act, 1996
The Victims’ Rights Clarification Act, 1997
Crime Victims’ Rights Act, 2004
14-4
5. Best Efforts Standard
A requirement of the federal Victims’ Rights and
Restitution Act of 1990 (also known as the
Victims’ Rights Act) mandates that federal law
enforcement officers, prosecutors, and
corrections officials use their best efforts to
ensure that victims receive basic rights and
services during their encounters with the criminal
justice system
14-5
6. Types of Losses
Tangible losses – costs such as medical
expenses, lost wages, and property losses that
accrue to crime victims as a result of their
victimization
Intangible losses – costs such as fear, pain,
suffering, and reduced quality of life that accrue
to crime victims as a result of their victimization
14-6
7. Costs of Victimization
According to a two-year National Institute of
Justice (NIJ) study, 19 personal crimes result in
costs of about $105 billion annually for medical
expenses, lost earnings, and public victim
assistance programs. For victims, crime costs
may include (1) out-of-pocket expenses, such as
for medical bills and property replacement; (2)
reduced productivity at work, home, or school;
and (3) nonmonetary losses, such as fear, pain,
suffering, and reduced quality of life.
14-7
8. Costs of Victimization
The annual cost of crime in the U.S. is
approximately $644 billion.
Tangible losses for damaged or lost
property and lost productivity are about
$125 billion.
Intangible losses for pain, suffering, and
reduced quality of life are approximately
$494 billion.
14-8
9. In Addition
Violent crime is a significant factor in
mental health care usage. As much as 10
to 20 percent of mental health care
expenditures in the United States may be
attributable to crime, primarily for victims
treated as a result of their victimization.
14-9
10. Notification
Victim Notification – notification to victims of
the release or pending release of convicted
offenders who have harmed them
Community Notification – notification to the
community of the release or pending release of
convicted offenders
The Federal Bureau of Prisons has created one
of the nation’s first comprehensive victim
notification programs, which has served as a
model to the states for over a decade
14-10
11. Victim and Witness Protection
Every day in the United States, victims and
witnesses are harassed, intimidated, and retaliated
against by incarcerated offenders, through
intimidating phone calls, mail, or threatening visits
from friends and associates.
Many correctional agencies have responded
creatively to this problem by:
Revoking offending inmates’ privileges
Transferring inmates to more restrictive incarceration
levels
Filing new criminal charges
Enhancing sentences
Annotating inmates’ case files to apprise parole boards of
the offense 14-11
12. Crime Impact Classes
Educational programs in correctional institutions
involving offenders and victims
The programs seek to help offenders understand
the devastating impact their crimes have on
victims and their families and friends, on their
communities, and on themselves and their own
families and friends
14-12
13. Victim-Offender Dialogue
Primarily used in property crime cases
Gives victims an opportunity to engage in
structured talks with their offenders
Offenders have already admitted guilt or have
been convicted/adjudicated
Can be very effective in helping victims
overcome feelings of trauma and loss
14-13
14. The Victimization of
Correctional Staff
Correctional staff experience a wide range of
victimization, including verbal harassment by
inmates, sexual harassment by inmates or
colleagues, physical or sexual assaults, hostage
situations, and murder.
Correctional agencies have written policies and
procedures to respond to staff victimization and
critical incidents.
14-14
15. Victim Compensation
A form of victim assistance in which state-
funded payments are made to victims to help
them recover financial losses due to crime
Victims generally have three options for
recovering crime-related financial losses:
state-sponsored compensation programs
court-ordered restitution
civil remedies
14-15
16. Victim Compensation – Continued
The first victim compensation programs were
established in New Zealand and Great Britain in
1964, based on a concept suggested by British
Magistrate Margery Fry in the late 1950s.
California created the first U.S. victim
compensation program in 1965.
Today, programs exist in all 50 states, Guam,
Puerto Rico, and the U.S. Virgin Islands.
14-16
17. Victims Of Crime Act
Eligibility Requirements:
Report the crime promptly, usually within 72 hours
Cooperate with law enforcement agencies in
investigating and prosecuting the crime
Submit a timely application for compensation, generally
within one year
Provide other information, as needed
Cannot file claims for compensation of victimization that
resulted from claimant criminal activity or misconduct
All 50 States and territories receive annual VOCA
assistance grants.
14-17
18. Restitution
Repayment to the victim, by the offender, for
losses, damages, or expenses that result from
crime
First imposed by the Victim and Witness
Protection Act of 1982, which required federal
judges to order full restitution in criminal cases
or state on the record their reasons for not doing
so
All states have enacted restitution statutes, most
styled after the federal model
14-18
19. Collecting Restitution
Many correctional agencies encourage inmates
to fulfill restitution obligations by offering
incentives (such as increased privileges or
priority enrollment in educational or vocational
programs) for compliance, and denying
privileges for failure or refusal to pay.
Offenders who are truly indigent may be given
the option to perform community service in lieu
of monetary restitution.
14-19
20. The Office for Victims of Crime
Established by VOCA, OVC’s official mission is
to enhance the nation’s capacity for assisting
crime victims and to provide leadership in
changing attitudes, policies, and practices to
promote justice and healing for all victims.
Federal Assistance Division (FAD)
Program Development and Dissemination
Division (PDD)
14-20
21. Victim Impact Statements
An assertion by a victim (and/or friends or
relatives of the victim) regarding the crime’s
impact on the victim and his/her family
Upheld under Payne v. Tennessee (1991)
Right of Allocution – a statutory provision
permitting crime victims to speak at the
sentencing of convicted offenders
A federal right of allocution was established for
victims of federal violent and sex crimes under the
Violent Crime Control and Law Enforcement Act of
1994
14-21
22. The Future of Victims’ Rights
Enact and enforce consistent, fundamental
rights for crime victims in the justice system
Provide crime victims with access to
comprehensive, quality services
Integrate crime victims’ issues into all levels of
the nation’s education system
Support, improve, and replicate promising
practices in victims’ rights and services
Ensure that the voices of crime victims play a
central role in the nation’s response to violence
and those victimized by crime 14-22