Victims Of Serious Crime Research Articles

The Risk of Revictimization for the Young Victims of Crimes

Abstract Serious crimes are committed today in various forms using diversified modi operandi. Perpetrators look for more efficient ways of enhancing the proceeds of their crimes. Trafficking in human beings, including children, to exploit them sexually or through forced labor is common. In this context, victims need special protection from law enforcement agencies, because, in some cases, they suffer revictimization. Legislators must therefore take into account their vulnerable status during criminal proceedings to prevent any form of revictimization. This article presents the situation in both legal and judicial systems regarding victims of serious crimes associated with revictimization. This research also aims at finding appropriate legal measures and instruments for fighting serious crimes, including trafficking vulnerable children and women, and enhancing state policy for reducing revictimization. To achieve these aims, the article is based on a qualitative research methodology, paying particular attention to the serious risk factors that generate revictimization in practice.

Uncovering Justice Interests of Victims of Serious Crimes: A Cross-sectional Study

ABSTRACT In recent years, victimological research has turned toward the study of victims’ perceptions or meanings of justice, challenging the traditional and prevailing understanding of the retributivist approach; this shift in focus locates the present study. Its goal was to assess victims’ justice interests and recognize its complexity by identifying victim and crime-related variables that could play a role in shaping those interests. For this propose, a quantitative approach was adopted and victims’ justice interests were measured through a scale created for this research. Victim and crime characteristics, together with psychological constructs related to victims’ recovery, were considered key variables. The study took place in Santiago of Chile and involved 133 direct and indirect victims of serious crimes - in all cases, criminal investigation processes were ongoing. Descriptive, comparative and correlational analyses were carried out. Once key variables were identified, predictive models for each justice interest were developed using multiple linear regression. Our results illustrated that type of crime, gender, prior victimization and recovery-related psychological variables played a role in shaping and predicting victims’ justice interests. The paper concludes discussing the contribution of these findings to research and public policy.

When ‘ideal victim’ meets ‘criminalised other’: Criminal records and the denial of victimisation

This article critically examines the restrictions on access to statutory compensation in Great Britain for victims of serious crime with criminal records. Drawing on original analysis of Criminal Injuries Compensation Authority transparency data it reveals the scale of the denial of victimisation as a so-called ‘collateral consequence of a criminal record’. The policy is then critiqued on the basis that it reproduces the problematic social construction of the ‘ideal victim’, delineates people with criminal records as subaltern citizens and gives rise to harmful secondary victimisation of applicants whose criminal records are often unrelated to their victimisation event.

The role of victims’ lawyers in criminal proceedings in the Netherlands

The role of the victim in the criminal trial process has evolved considerably in recent decades. On a European level, an important driver has been the EU Directive 2012/29/EU, according to which European countries are legally bound to afford certain rights to crime victims. In the Netherlands, the EU Directive has instigated several extensions of existing victims’ rights, and in the Code of Criminal Procedure a separate section has been devoted to the victim. The current study specifically addresses one of the victims’ rights, that is, the right to be legally represented. The Dutch government has financially invested in access to and specialization of victim lawyers in order to promote the realization of victims’ rights, specifically for victims of serious crimes and sex offences. The goal of the current study was to investigate the added value of victim lawyers and the extent to which they contribute to the fulfilment of victims’ rights in the criminal law process. A literature study was conducted to examine legislation pertaining to victims’ rights; a questionnaire study was conducted to investigate the perspective of victim lawyers ( n = 148); and interviews were conducted to examine the perspective of the police, Victim Support Netherlands, Public Prosecuting Service, and criminal courts ( n = 17). The results show that victim lawyers were important to the realization of victims’ rights. They were considered most necessary with respect to the right to claim compensation and with respect to the right to gain access to the case file. They were also required because victims’ rights have not yet been smoothly incorporated into legal practice. In addition, victim lawyers’ presence in the courtroom was considered important because it contributes to victims experiencing that they are taken seriously. It has been concluded that the support of victim lawyers is an important contribution to victim participation in criminal proceedings.

The journey of sensemaking and identity construction in the aftermath of trauma: Peer support as a vehicle for coconstruction.

Sensemaking is rooted in identity construction and it is a particularly interpersonal process. Moreover, traumatic experiences are known to cause people to engage in sensemaking processes and identity construction. However, knowledge of how this works in an interpersonal, community setting, is lacking. The aim of this study is to assess how peer support contributes to the sensemaking processes and identity construction in the aftermath of trauma. Data from an observational study of organised peer support groups for (co)victims of serious crimes and survivors of traumatic loss were analysed using inductive thematic analysis. Results show how participants of peer support groups move through several phases of sensemaking and identity construction in a fluid, dynamic, way. Identity work is collectively done. Through coconstruction of their identities, participants are able to make sense of a traumatic experience and progress towards a more self‐aware and self‐centred identity.

Observer reactions to emotional victims of serious crimes: stereotypes and expectancy violations

ABSTRACTNegative observer reactions towards victims may be related to people’s expectations of the characteristics and demeanor of an ideal victim. We examined how expressed emotion, victim sex, and type of victimization influence observers’ perceptions of victim credibility, victim character, and harm. Our hypothesis was that angry victims, male victims, and victims of sexual violence are perceived less positively than sad victims, female victims, and victims of physical violence. Additionally, we anticipated that expectancy violations following expressed agentic/high status, or passive/low-status emotions of the victim would lead to negative reactions. Participants (N = 335) read a written victim impact statement, by a male or female victim of a sexual or physical assault, in which anger or sadness was expressed. The results show that observers generally respond more negatively to male victims than to female victims, and to victims expressing anger rather than sadness. However, a two-way interaction between expressed emotion and type of crime revealed that expressed emotion only significantly influences character derogation and victim credibility in cases of physical violence. Finally, emotion expectancy violations based on ex-ante expectations lead to derogation and diminished credibility. The discussion focuses on how emotion expectancy violations seem intimately tied to stereotype-ridden features of victimization.

Participant or Spectator? Victim‐Focused Political Activity since 2010

AbstractThe public significance of the victim has shifted over successive governments. Each party, when in power, has utilised and politicised the victim to support its policy and legislative agenda. However, on the whole, this attention has been reserved for those who are victims of serious crime (such as murder, sexual violence and domestic abuse) and not volume offences (such as burglary, criminal damage, theft). Recent years have seen the inquiry rising in popularity, a ‘quick political fix’ to satisfy victims—and the public—that action on societal ills is being taken. However, in so doing, successive governments have, perhaps inadvertently, tended to replicate the ‘hierarchy of victimisation’ that is witnessed in frontline criminal justice activities. This has the result of affording victims only a spectator role when policy and legislative changes are being developed in their name. By contrast, the actions taken in developing expert and practitioner‐led policy around victim experience have proved to be more ‘successful’ in generating lasting change. This article suggests that there is no single ‘right’ approach to involving victims in policy development, but that each particular incident or situation needs consideration as how most ‘effectively’ to involve first‐hand victim experience.

Victims’ Reflections on the Protective and Proactive Approaches to the Offer of Restorative Justice: The Importance of Information

Independent studies reveal that when done properly, restorative justice (RJ) practices outperform criminal justice proceedings in meeting victims’ concerns for insight, voice, and fairness and, as a result, can have therapeutic value. However, only a small number of cases are referred to RJ, and victim-initiated RJ remains exceptional. Not every victim is interested in RJ, but many victims are unaware of it and hence miss out on its potential benefits. Introducing RJ to victims of crime should be done responsibly, and, therefore, it is important to understand whether and how victims want to be informed about RJ. We interviewed 34 victims of serious crime in Belgium and Canada and asked them what they had thought about being invited to participate in RJ. We categorized their experiences into what we labelled a “protective” and a “proactive” approach. A protective approach is characterized by an individualized offer and lack of systematic information about RJ, while a proactive approach favours a systematic offer and informed choice. Our findings indicate that victims of violent crime prefer to be proactively informed about their restorative options as long as the offer respects certain conditions. These include a guarantee of voluntary participation and RJ that is a complementary approach to criminal justice proceedings.

Crisis management: the spiritual aspects of victim recovery in serious crime

Purpose – The purpose of this paper is to explore crisis management in terms of the spiritual aspects of victim recovery. The paper focuses, in particular, on victims of serious crime. Design/methodology/approach – The paper reviews the available literature on crisis management, serious crime, spirituality and pastoral support to determine their impact on trauma recovery. Semi-structured interviews were also conducted with a number of police chaplains and a hospital chaplain, in addition to police family liaison officers and witness care officers, who have in-depth involvement with victims of serious crime, to explore the support available and identify gaps against existing theory. Findings – Spiritual/pastoral support is available to police officers in the form of police chaplains. Their support is reported to be valuable in the crisis recovery process. Hospital patients report such support as integral to mental and emotional well-being and recovery. Victims of serious crime are not offered such pastoral services through the criminal justice system, though other more practical needs are provided for. This gap could have implications for the effectiveness of the criminal justice process. Research limitations/implications – The research is an exploratory study and seeks to open up debate in this arena. The research is localised to a specific region and may not generalise nationally/internationally. Practical implications – The paper evaluates the role and import of spiritual support in trauma recovery, makes a number of recommendations to plug the gap in current provision to victims of serious crime and suggests directions for further research in this area. Social implications – There are limited social implications. Originality/value – There has been very limited research conducted in this specific area and this paper seeks to redress this gap and suggests opportunities for further research to enhance victim crisis recovery and participation in the criminal justice process.

Enhancing trust in the legal system through victims’ rights mechanisms

Understanding trust in the legal system has been an important step in comprehending compliance with judicial authorities. Trust results from both procedural aspects such as perceptions of procedural fairness and outcome elements, such as a just verdict. These procedural elements meet the criteria of the relational model of authority, asserting a need for interpersonal treatment and neutrality when assessing justice judgments. While a plethora of research exists, there generally remains less empirical evidence from the crime victim’s perspective. The current study identifies six victim rights mechanisms and examines the association between these variables and the impact of the process on the victim’s trust in the legal system. Results indicate that for Dutch victims of serious crime, victim impact statements are significantly associated with trust. Incarceration as a control variable was also strongly associated with the dependent variable. Assistance from victim support reached marginal significance, though the latter displayed an inverse relationship. Implications for policy are discussed.

VICTIM EMPATHY WITHIN PRISON WALLS: EXPERIENCES FROM PILOT PROJECTS IN SCHLESWIG-HOLSTEIN

The project in focus of this article3 aims at the implementation of Restorative Justice (RJ) procedures at post sentencing level as well as the development of “mechanisms” to support and protect victims of serious crimes and informing them sufficiently about the RJ offer. The project refers to the Directive 2012/29/EU of the European Parliament and of the Council [of the European Union] of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime. This article relates our work to the broader framework of RJ in general and to research on empathy as glue between people in particular. Empathy is related to the context of victimisation and offending and it revealed how it contributes to social peace and healing. Then the concept of the victim-empathy-training in prison is presented as well as some first insights on the victim groups. Finally preliminary conclusions from the practical work and some future ideas are summarised. 1 Ricarda Lummer, research assistant, email: ricarda.lummer@fh-kiel.de 2 Otmar Hagemann, professor, email: otmar.hagemann@fh-kiel.de 3 On 1 January 2013, this project on Restorative Justice which is partly funded by the EU commission started in Schleswig-Holstein and partner countries. For more details about the project and partners see www.rjustice.eu.

Alles naar wens? Observaties naar aanleiding van het conceptwetsvoorstel ter aanvulling van het spreekrecht voor slachtoffers en nabestaanden in het strafproces

Since 2005, Dutch victims of serious crime have the right to make an oral statement in court (‘spreekrecht’). In the past decade, the Dutch criminal justice system has accommodated this right to make an oral statement with regard to the consequences of the crime; no major problems have occurred. Indeed, only a minority of the victims consumes this right (ca. 230 cases annually), the majority prefers to lodge a written statement. Nevertheless, the Dutch legislature is of the opinion that the right to make an oral statement should be extended and has lodged a draft-proposal recently. The aim is to provide crime victims a right to put forward an advice to the judge at the trial session, such an advice relating to the full scheme of judicial decision-making (truth, legal qualification, punishment). Such a provision resembles a Victim Statement of Opinion, used in the American scheme of justice, and even exceeds this. The draft has been met with criticism, only the Dutch Victim Support is in favor. One of the objections heard is the one dimensional focus underlying the draft: by focusing on a specific group of victims – those who have suffered from serious crimes – the legislature neglects the heterogeneous nature of victims’ needs.

Psychological effects of criminal proceedings through contact with the judge: the moderating effect of legal system structure

Psychological effects of criminal proceedings on victims have often been the focus of victimological research. The criminal justice system is repeatedly acknowledged as a source of additional harm for victims. Such a generalization, however, cannot be made to all legal systems universally to the same degree. This article compares the adversarial and inquisitorial structures of criminal justice and examines how the latter may in fact be beneficial to victim's well-being. More specifically, contact with the judge and presence at trial may be one positive form of victim participation in its most informal sense. Hierarchical regression analysis is conducted using victims of serious crimes in the Netherlands and New South Wales (NSW), Australia, to test this hypothesis. The type of legal system (i.e., inquisitorial versus adversarial) is used as a moderating variable on the relationship between contact with the judge and psychological effects. The findings indicate that victims in the Netherlands report a significant relationship, where contact with the judge is predictive of a less negative impact on psychological effects, while a non-significant relationship is found for victims in NSW.

Victims' needs and participation in justice: is there a role for vengeance?

This article begins with a critical examination of populist phrases such as ‘victims have a natural right to revenge'; it also discusses the ‘zero sum rhetoric’ in populist discourse (‘his suffering is my healing’). Are there any plausible arguments supporting this claim? The article goes on to deal with the question whether victims of serious crimes might benefit from expressing revenge feelings in two types of justice proceedings: victim impact statement schemes (VIS) and restorative justice conferences (RJC). Could the expression of vindictive feelings contribute to the wellbeing of victims (raise their moral status; bring therapeutic relief)? It is argued that advocates of both types of justice proceedings sometimes raise expectations that cannot be met. VIS-proponents tend to ‘privatise’ justice, whereas RJ-proponents tend to neglect retributive needs. It is concluded that a civilised expression of vindictive feelings should have a legitimate place in justice proceedings because it communicates the victim's worth (‘not deserving to be harmed’). However, the question is whether justice proceedings should explicitly promote therapeutic benefits at all.

The Effect of Retributive and Restorative Sentencing on Psychological Effects of Criminal Proceedings

Retribution and restoration have been cited as two goals of sentencing for victims. Furthermore, there is a perspective that acknowledges the overlap of these two aims, seeking to obtain restoration through retribution. Achieving these goals may have implications for the victim's psychological well-being. The current study examines 101 victims of serious crime and how different outcomes may impact their perceptions of psychological well-being. Incarceration, community service, compensation from the offender, and compensation from the state, in addition to acquittals, are included as predictors of the dependent variable. After reviewing the literature on retributive and restorative sentencing, also making a distinction between compensation from the offender and compensation from the state, hierarchical regression analysis finds that compensation from the offender is the only sentencing option significantly associated with psychological effects.

An evolutionary concept analysis of school violence: From bullying to death

School violence has evolved into an identifiably pervasive public health problem. Adverse consequences of school violence vary from bullying to death. In 2007, 457,700 youth (ages 12-18) were victims of serious crimes with 34% occurring on school grounds or on the way to school. A concept analysis of school violence can expand and enhance awareness of the pervasive phenomenon of school violence. Rodgers and Knafl (1993) evolutionary concept analysis method was used to provide a guiding framework for examination of school violence. Related manuscripts from the extant interdisciplinary school violence literature were obtained from relevant health science databases, the Education Resources Information Center, and various governmental and specialty websites within the contemporary time frame of 2000-2010. Analysis revealed the enormous scope and complexity of the problem of school violence including bullying, physical fighting, weapon carrying, alcohol/substance use and street gang presence on school property, school-associated violent death, safe schools legislation, and violence prevention strategies. Forensic nurses across practice settings are uniquely positioned to intervene to improve health of these youth through identification, assessment, treatment, and referral.

Evolving the face of a criminal: how to search a face space more effectively

Witnesses and victims of serious crime are often required to construct a facial composite, a visual likeness of a suspect’s face. The traditional method is for them to select individual facial features to build a face, but often these images are of poor quality. We have developed a new method whereby witnesses repeatedly select instances from an array of complete faces and a composite is evolved over time by searching a face model built using PCA. While past research suggests that the new approach is superior, performance is far from ideal. In the current research, face models are built which match a witness’s description of a target. It is found that such ‘tailored’ models promote better quality composites, presumably due to a more effective search, and also that smaller models may be even better. The work has implications for researchers who are using statistical modelling techniques for recognising faces.

Evolving the memory of a criminal’s face: methods to search a face space more effectively

Witnesses and victims of serious crime are often required to construct a facial composite from their memory, a visual likeness of a suspect’s face. The traditional method is for them to select individual facial features to build a face, but often these images are of poor quality. We have developed a new method whereby witnesses repeatedly select instances from an array of complete faces and a composite is evolved over time by searching a face model built using Principal Components Analysis. While past research suggests that the new approach is superior, performance is far from ideal. In the current research, face models are built which match a witness’s description of a target. It is found that such ‘tailored’ models promote better quality composites, presumably due to a more effective search, and also that smaller models may be even better. The work has implications for researchers who are using statistical modelling techniques for recognising faces.

Improving the quality of facial composites using a holistic cognitive interview.

Witnesses to and victims of serious crime are normally asked to describe the appearance of a criminal suspect, using a Cognitive Interview (CI), and to construct a facial composite, a visual representation of the face. Research suggests that focusing on the global aspects of a face, as opposed to its facial features, facilitates recognition and improves composite quality; also, that the CI enables more effective use of a composite system. The current study evaluated a novel "holistic" Cognitive Interview (H-CI). This comprised a descriptive phase, using a CI, followed by a recognition-enhancing phase, involving the attribution of seven holistic properties. Participant-witnesses watched a video of a target, then 3 to 4 hours later received either a CI or an H-CI and constructed a single composite with a standard system, PRO-fit. Composites constructed after the H-CI were correctly named more than four times as often as those after the CI, attributable to an improvement in the quality of both the internal and external parts of the face. In police work, the H-CI offers the possibility of substantially improving the identification of criminal suspects.

An evaluation of US systems for facial composite production

Witness and victims of serious crime are normally requested to construct a facial composite of a suspect's face. While modern systems for constructing composites have been evaluated extensively in the UK, this is not the case in the US. In the current work, two popular computerized systems in the US, FACES and Identikit 2000, were evaluated against a ‘reference’ system, PRO-fit, where performance is established. In experiment 1, witnesses constructed a composite with both PRO-fit and FACES using a realistic procedure. The resulting composites were very poorly named, but the PRO-fit emerged best in ‘cued’ naming and two supplementary measures: composite sorting; and likeness ratings. In experiment 2, PRO-fit was compared with Identikit 2000, a sketch-like feature system. Spontaneous naming was again very poor, but both cued naming and sorting suggested that the systems were similar. The results support previous findings that modern systems do not produce identifiable composites.