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9/3/14

Crime Victims: An Introduction to Victimology, 8th Edition Andrew Karmen solutions manual and test bank

Crime Victims: An Introduction to Victimology, 8th Edition Andrew Karmen solutions manual and test bank

clip_image001CHAPTER 2

THE REDISCOVERY OF CRIME VICTIMS

LEARNING OBJECTIVES

Upon completing this chapter the student should be able:

1. To trace how changes in the criminal justice system over the centuries have impacted the role of victims in the legal process.

2. To discover how and why the plight of victims has been rediscovered in recent decades by various social movements and groups.

3. To become familiar with the stages of the rediscovery process.

4. To apply the concept of rediscovery to specific groups of victims mentioned in the news.

KEY TERMS

street crimes

English common law

civil court

tort law

public prosecutors

plea negotiations

law-and-order movement

women’s movement

civil liberties movement

children’s right movement

gay rights movement

elder abuse

self-help movement

sensationalism

self-definition of the victimization process

constructionist approach

conflict approach

stigma contests

moral entrepreneurs

claims-making

typification

trafficking in human beings


CHAPTER OUTLINE

THE DISCOVERY OF CRIME VICTIMS

THE DECLINE OF CRIME VICTIMS

THE REDISCOVERY OF CRIME VICTIMS

Social Movements: Taking up the Victims’ Cause

Major Sources of Inspiration, Guidance, and Support

Additional Contributions by other Social Movements

Elected Officials: Enacting Laws Named After Crime Victims

The News Media: Portraying the Victims’ Plight

Commercial Interests: Selling Products and Services to Victims

VICTIMOLOGY CONTRIBUTES TO THE REDISCOVERY PROCESS

Stage 1: Calling Attention to an Overlooked Problem

Stage 2: Winning Victories, Implementing Reforms

Stage 3: Emergence of an Opposition and Development of Resistance to Further Changes

Step 4: Research and Temporary Resolution of Disputes

REDISCOVERING ADDITIONAL GROUPS OF VICTIMS

CHAPTER OVERVIEW

Each law that prohibits a certain act as being harmful defines the wrongdoer as a criminal subject to punishment and specifies the injured party is a victim deserving some sort of redress. Laws forbidding what are now called street crimes can be traced back to biblical times. When the thirteen American colonies were settled by immigrants from Great Britain, the earliest penal codes were based on religious values as well as English common law.

In past centuries, victims played a leading role in the resolution of criminal matters. To discourage retaliation by victims and their families, societies in simpler times established direct repayment schemes. Over time, however, industrialization and urbanization impacted the traditions and beliefs that were the foundation of victim-oriented justice.

After the American Revolution and the adoption of the Constitution and Bill of Rights, crimes were re-conceptualized as hostile acts directed against the authority of the government. Addressing the suffering of individuals was deemed to be less important than dealing with the symbolic threat to the social order posed by lawbreakers. Prosecutors representing society were given the powers and duties that were previously the responsibility of victims.

For much of America’s history, the penal system focused on the goals of rehabilitating offenders and protecting society by deterring or incapacitating other would-be offenders. It has only been relatively recent victims have received renewed attention. Certain activists, journalists, criminal justice officials, and lawmakers have brought the plight of crime victims to the attention of the public. These activists promoted the message crime victims were forgotten figures in the criminal justice process whose needs and wants had been systematically overlooked.

Aside from suffering harm at the hands of criminals, victims as a group may have little else in common. They differ in terms of age, sex, race/ethnicity, religion, social class, political orientation, and many other important characteristics. These differences have made it difficult for victims to be organized and to emerge into a political force for change. The guiding principle holding this diverse group together is the belief victims who otherwise would feel powerless and enraged can attain a sense of empowerment and regain control over their lives through practical assistance, mutual support, and involvement in the criminal justice process.

The “law and order” movement gained strength in the 1960s as many Americans became alarmed at rising crime rates and dissatisfied with a system that seemed to favor the offenders. In the early 1970s, the feminist movement focused attention on the plight of female crime victims. It was during this time rape crisis centers and safe houses for battered women proliferated. These are examples of social movements and activists calling attention to the issue.

During the 1980s, officials engaged in the political process of enacting new laws helped to rediscover and publicize the plight of innocent victims. They realized naming a proposed new law after someone who suffered terribly in an incident received a great deal of media coverage to build support for its passage. Legislators are unlikely to argue or vote against such bills, for fear of being branded “anti-victim.” Probably the best known example of a law bearing the name of a crime victim is the Brady Bill. Another example is the legislation providing federal funding for the nationwide Amber Alert system, named for a nine-year-old who was abducted and killed in Texas, that enables the authorities to use the media to quickly disseminate descriptions of a kidnapper, the child, and any vehicle they may be traveling in.

In New York State, Jenna’s Law honors a twenty-two-year-old college student murdered by a parolee. Kathy’s Law is in memory of a comatose woman in a nursing home who was raped and impregnated by a healthcare worker and then died after childbirth. Lee-Anne’s Law is a regulation that prohibited imprisoned fathers who killed their spouses from demanding visitation rights to see their children. Kendra’s Law is named in memory of a young woman who was pushed in front of a speeding subway train by a man who had not taken his prescribed medication for schizophrenia. This law empowered courts to impose compulsory treatment on mentally ill patients. Stephanie’s Law is named for a woman whose peeping-tom landlord placed a hidden camera in her apartment. This law made it a felony to secretly videotape a person in a place where there is reasonable expectation of privacy. VaSean’s Law is named in honor of an eleven-year-old child who was run over by a drunk driver. This law stiffened penalties for serious injuries and deaths caused by intoxicated motorists.

The news media deserve a great deal of credit for rediscovering victims. In the past, offenders received the lion’s share of media coverage of a crime. Due in part to media attention, those who are on the receiving end of criminal behavior are no longer “invisible” or forgotten. Details about injured parties are now routinely included in coverage to inject some human interest into crime stories. Balanced accounts can vividly describe the victims’ plight.

In highly publicized cases, interviews carried out by journalists have enabled victims to have a voice in how their cases are resolved in court and about other issues of importance to victims and others concerned about crime in our society. The media has given victims a public forum and allowed them to use their first-hand experiences to campaign for wider societal reforms.

The process of rediscovery usually unfolds through a series of steps and stages:

· Stage 1: Attention is called to an overlooked problem. Often this role is played by activists who lead campaigns to change laws and win people over to their point of view. These activists usually have firsthand experience with a specific problem as well as direct, personal knowledge of the pain and suffering that accompany it.

· Stage 2: Some victories are won and reforms implemented. For instance, after activists created shelters and rape treatment centers, some local governments began funding safe houses where women and their young children could seek refuge, and hospitals organized their own 24-hour rape hotlines and crisis-intervention services.

· Stage 3: Opposition emerges and resistance to further changes develops. This opposition comes from people or groups who maintain that the changes taking place in Stage 2 have gone too far or are too one-sided.

· Stage 4: Research is conducted and temporary resolution of disputes occurs. Neutral parties conducting scientific research (such as victimologists) can provide data and offer objective recommendations.

MEDIA SUGGESTIONS

M.A.D.D.

The story behind Mothers Against Drunk Drivers

Without Warning

The James Brady Story

DISCUSSION TOPICS

1. How has the modernization of society impacted the decline as well as the re-emergence of victims?

2. Discuss a group of crime victims not covered in the book. Describe the kinds of secondary victimization this group might be experiencing from the media.

3. Argue that victimology would be enriched by expanding its boundaries to includes global studies of victimization, including, but not limited to, victims of war crimes, government repression of political dissidents, and torture of prisoners of war.

STUDENT ACTIVITIES

1. Research a proposed or recently passed law in your state named in honor of a crime victim. Write a mini-policy proposal where you analyze whether this current legislation offers specific redress or assistance for victims (outside of increased penalties for offenders). After your analysis of the current policy, offer suggestions for how this policy could be rewritten to address the harm experienced by these crime victims.

2. Choose a group from the list in Box 2.2 whose plight is currently being rediscovered. Pose questions researchers ought to examine. Provide a summary of the group including its composition, the nature of its losses, and efforts underway to address the harm.

3. What social movements are in your local area that address crime victimization? Using the steps in this chapter on the process of discovery, illustrate how this particular social movement came to frame the issue of victimization.

TEST BANK

clip_image001[4]

MULTIPLE CHOICE

1. When the thirteen American colonies were settled by immigrants from Great Britain, which of the following (in addition to religious beliefs) were the earliest penal codes based on?

a. tort law

b. Ben Franklin’s memoirs

c. English common law

d. Native American law

ANS: C LO: 1 REF: p. 37

2. After the American Revolution and the adoption of the Constitution and the Bill of Rights, how were crimes conceptualized?

a. as hostile acts directed against the authority of the government

b. as acts that instilled public fear

c. as acts that cost the new taxpayers money

d. all of these

ANS: A LO: 1 REF: p. 37

3. After the American Revolution, addressing the suffering of individuals in criminal matters was:

a. foundational to the nation’s system of justice.

b. deemed to be less important than dealing with the symbolic threat to the social order posed by lawbreakers.

c. required of the judge in every criminal case.

d. addressed under civil law.

ANS: B LO: 1 REF: p. 37

4. After the American Revolution, the powers and responsibilities formerly exercised by crime victims were taken over by whom?

a. victim’s families

b. the public at large

c. public prosecutors

d. public defense attorneys

ANS: C LO: 1 REF: p. 37

5. For much of America’s penal history, which of the following was not a primary goal?

a. deterring crime through punishment

b. rehabilitating transgressors through treatment

c. protecting society by incapacitating dangerous persons in prisons or through executions

d. ensuring the restoration of crime victims’ financial, emotional, and physical health

ANS: D LO: 1 REF: p. 37

6. Victims lost their last opportunity to actively participate in the process of presenting their experiences due to:

a. public prosecutors not calling victims as witnesses at trial.

b. prosecutors and defense attorneys settling most cases through plea negotiations.

c. judges not considering the experiences of victims as key evidence.

d. all of these

ANS: B LO: 1 REF: p. 38

7. The criminal justice system marginalizes victims by not:

a. having them as witnesses at trial.

b. letting them talk to the offender.

c. informing the victim of the outcome of the case.

d. letting the victim’s family be witnesses at trial.

ANS: C LO: 1 REF: p. 38

8. Which groups brought renewed attention to victims?

a. self-help advocates.

b. social scientists.

c. Journalists

d. all of these

ANS: D LO: 2 REF: p. 38

9. Victims can attain a sense of empowerment and regain control over their lives through:

a. practical assistance.

b. mutual support.

c. involvement in the criminal justice process.

d. all of these

ANS: D LO: 2 REF: p. 47

10. The first community organizations to empower victims were:

a. police.

b. information clearinghouses.

c. courtroom workgroups.

d. rape crisis centers and shelters for battered women.

ANS: D LO: 2│3 REF: p. 47

11. Who normally begins the rediscovery process by bringing attention to a problem?

a. courts and judges

b. police agencies

c. visitors from other countries

d. activists

ANS: D LO: 2│3 REF: p. 47

12. The law-and-order movement raised concerns about:

a. surging crime rates.

b. tolerance of too much misbehavior.

c. ‘soft on crime’ policies

d. all of these.

ANS: D LO: 2 REF: p. 39

13. How many stages are in the sequential model used to examine the development of the victim’s movements?

a. one stage

b. two stages

c. three stages

d. four stages

ANS: D LO: 3 REF: p. 46-49

14. Which stage in the sequential model of rediscovering victims involves the process of typification of victim categories and identifying classic cases?

a. Stage 1

b. Stage 2

c. Stage 3

d. Stage 4

ANS: A LO: 3│4 REF: p. 46

15. Which stage of the sequential process of rediscovering victims involves the emergence of an opposition and development of resistance to further change?

a. Stage 1

b. Stage 2

c. Stage 3

d. Stage 4

ANS: C LO: 3│4 REF: p. 48

16. The most common argument made by opponents in Stage 3 of the rediscovery process is which of the following?

a. We have not gone far enough in protecting victims.

b. We have gone too far in protecting victims.

c. Victims are not defined correctly.

d. The Victims’ Movement has been exaggerated by advocate groups.

ANS: B LO: 3│4 REF: p. 48

17. The feminist movement focused on female victims because:

a. domestic violence and rape victims failed to receive support by the criminal justice system.

b. there was a need to develop organizations to address female victims needs, like safe houses.

c. women needed alternative places to seek help.

d. females cannot count on privileged males a the helm of criminal justice agencies to the lead the struggle.

e. all of these.

ANS: E LO: 1│2 REF: p. 39

18. Children’s rights groups succeeded at:

a. stricter reporting requirements of cases of suspected abuse.

b. awareness of the special needs of children as witnesses

c. better protection and prevention services.

d. all of these.

ANS: D LO: 1│2 REF: p. 41

19. Sensationalism refers to how:

a. politicians use victim’s to their advantage.

b. criminal justice system embellishes victim experiences.

c. the media exploits victims to earn better ratings.

d. how non-profit agencies use tragic victim stories to enhance funding.

ANS: C LO: 1│2 REF: p. 43

20. What is one negative effect of the attention victims receive from business?

a. businesses tap an underserved population

b. businesses may over-protect victims

c. commercial exploitation

d. publicity often worsens a problem

ANS: C LO: 1 REF: p. 45

21. Stage 3 of the victim rediscovery process is marked by which of the following?

a. the emergence of positive role models for victims

b. a change in legislature

c. the emergence of opposition to the victims movement

d. the emergence of compromise by those involved

ANS: C LO: 3 REF: p. 48

22. Victimologists can make their most valuable contributions during which of the following stages of the rediscovery process?

a. Stage 1

b. Stage 2

c. Stage 3

d. Stage 4

ANS: D LO: 3 REF: p. 49

23. Which of the following laws mandates convicted sex offenders register with their local police department?

a. Lee-Anne’s Law

b. Megan’s Law

c. Kathy’s Law

d. Jenna’s Law

ANS: B LO: 4 REF: p. 42

24. Which of the following laws mandates that community residents be notified of the arrival of formerly incarcerated sex offenders into their communities?

a. Lee-Anne’s Law

b. Megan’s Law

c. Kathy’s Law

d. Jenna’s Law

ANS: B LO: 4 REF: p. 42

25. False memory syndrome applies to:

a. robbery victims.

b. domestic violence victims.

c. victims of the drug trade.

d. incest survivors.

ANS: D LO: 2 REF: p. 49

TRUE/FALSE

1. Robbery is classified as a street crime.

a. true b. false

ANS: T LO: 1 REF: p. 37

2. When the thirteen American colonies were settled by immigrants from Great Britain, the earliest penal codes were based on Native American law.

a. true b. false

ANS: F LO: 1 REF: p. 37

3. After the American Revolution and the adoption of the Constitution and the Bill of Rights, crimes were re-conceptualized as hostile acts directed against the authority of the government.

a. true b. false

ANS: T LO: 1 REF: p. 37

4. After the American Revolution, the powers and responsibilities formerly exercised by crime victims were taken over by public prosecutors.

a. true b. false

ANS: T LO: 1 REF: p. 37

5. Victims’ demands to be restored to financial, emotional, and physical health were eventually overshadowed by the goals of deterring crime through punishment and protecting society by incapacitating dangerous persons in prisons or through execution.

a. true b. false

ANS: T LO: 1│2 REF: p. 38

6. One outcome of the law-and-order movement was that it raised concerns that offenders were being mistreated by police.

a. true b. false

ANS: F LO: 1│2 REF: p. 38

7. Conservative crime control advocates envisioned punishment that would be swift and sure.

a. true b. false

ANS: T LO: 1 REF: p. 39

8. Some feminists view crime against women as a consequence of inequity in society.

a. true b. false

ANS: T LO: 2 REF: p. 39

9. Black and white victims have always been treated the same by the criminal justice system.

a. true b. false

ANS: F LO: 1 REF: p. 40

10. One form of hate crimes are those motivated by the offenders’ disdain for the victims’ presumed sexual orientation.

a. true b. false

ANS: T LO: 4 REF: p. 48

11. Laws named after victims was an effort to by politicians and legislators to gain favorable media attention.

a. true b. false

ANS: T LO: 2│4 REF: p. 48

12. The civil liberties movement contributed to furthering police professionalism.

a. true b. false

ANS: T LO: 4 REF: p. 41

13. The public’s right to know via the media does not conflict with the victim’s right to privacy.

a. true b. false

ANS: F LO: 4 REF: p. 43

14. Commercial exploitation can be a consequence of the attention injured parties are given by businesses.

a. true b. false

ANS: T LO: 2│4 REF: p. 45

15. Megan’s Law mandates that community residents be notified of the arrival of formerly incarcerated sex offenders into their communities.

a. true b. false

ANS: T LO: 4 REF: p. 42

16. Victimologists who take a conflict approach view clashes between opposing interest groups as an influence on legislation.

a. true b. false

ANS: T LO: 2 REF: p. 46

17. The rediscovery process is in its final stage when activists make headway toward their goals.

a. true b. false

ANS: F LO: 3 REF: p. 45

18. During stage three of the discovery process, backlash may arise if the demands of victims are perceived as excessive.

a. true b. false

ANS: T LO: 3 REF: p. 48

19. American feminists joined with a coalition of conservative evangelical Christians to address human trafficking.

a. true b. false

ANS: T LO: 4 REF: p. 50


ESSAY QUESTIONS

1. Discuss how the importance of victims and their role in the criminal justice system has changed over time.

ANS: In early societies, harm was redressed through direct payment schemes. During the Industrial Revolution, the sense of community changed and with that victims lost control over how the harm they experienced would be resolved. The punishment of offenders became the obligation of the local government through judicial proceedings. Instead of restoring the victim through redressing the harm, the crime was now a crime against the state. Recovery of damages was not as important as the symbolic gesture of establishing social order through punishment of the offender. Obligations of the victim have dwindled down to filing a complaint to initiate the investigation and being a witness in the state’s case.

LO: 1 REF: p. 37 – 42

2. Discuss the rediscovery of crime victims during the 1950s and early 1960s. Be sure to include a discussion on the impact of the various social movements of the time period.

ANS: The rediscovery of crime victims was instigated through the work of social movements. The focus of the movements was to increase victim’s rights, services, and programs. The women’s movement worked diligently to increase awareness of rape and domestic violence, crimes that impact women disproportionately compared to men. The result of their hard work was the creation of rape crisis centers, battered women shelters, and ultimately policy changes—such as recognizing domestic violence as a violent crime. The law-and-order movement increased awareness of violence and theft as crime rates were increasing during this time period of the 1960’s. The main focus was on increased punishment and more social control over deviant behavior. Finally, the civil rights movement centered their energy on the disparity in the representation of people of color throughout the criminal justice process. In addition, they focused their attention on threats of racial violence such as lynch mobs.

LO: 2 REF: p. 38-42, 45-49

3. During the 1980s, elected officials engaged in the political process of enacting new laws named after specific individuals. How/why did this practice arise? What was significant about the individuals for whom legislation was named? Provide examples.

ANS: Salient issues raise public awareness and public officials have long used this approach to address other social issues. Starting in the 1980’s, people running for office realized application of this approach might help their election or re-election if they applied it to their ‘get tough on crime’ stance. A known example of this is through the Brady Handgun Violence Prevention Act. Named after James Brady, President Reagan’s press secretary, who was shot in the head during an attempt to assassinate the president. The law required a background check on any person seeking to buy a firearm. Though the act of selling a handgun to persons who were deemed dangerous had been illegal since 1968, this new law was seen as being tougher on crime. Other victims, such as Jeannae Clery, Emmett Till, Matthew Shepard, and James Byrd Jr, all suffered heinous crimes and had legislation named after them. Thousands of laws have been enacted in the name of a victim, but the response to this approach has been mixed. Some believe it is a great avenue to bring attention to a serious crime and to mobilize the public around it. Others argue it is another means for politicians to exploit the media for their own personal gain.

LO: 2│4 REF: p. 42-49

4. Outline and discuss the role of the news media concerning the victim’s plight. Provide both negative and positive aspects.

ANS: The role of the media in regards to victims has had mixed reactions. The harm done to the victim and their family has been brought to the public’s attention after years of neglect by the media. In addition, how the criminal justice process treats victims and how the case was resolved have been important observations made available to the public via the media. However, victims have complained about the media sensationalizing the crime to increase their viewership. Victim complaints have also centered around the media intrusion into their privacy. Media coverage tends to be drawn towards crimes serving as ‘attention grabbers’ as opposed to the more common or harmful crimes. Crimes were a stranger was the offender or crimes that were particularly violent receive publicity, whereas these are the types of crimes that are the least likely to happen to members of society.

LO: 4 REF: p. 43-45

5. The process of rediscovery usually unfolds through a series of steps and stages. Outline and discuss the sequential model proposed in the text. Use another “rediscovered” group as an example.

ANS: The process of rediscovery will be discussed through the recent re-emergence of children who have been sexually abused by clerics. The first step in the process was when the cases were brought to the attention of the media by a group of adults who were molested by a priest when they were young. This caused other victims from other priests to step out and make the public aware of their similar victimization. Activists and other groups undertook the campaign to get the priests removed and to increase public awareness and education. The next stage in the process is when the group starts to get closer to their goals. This stage occurred when various religious groups developed their own committees to examine child sexual victimization within their own religious organizations. Other clerics were charged with sex crimes against children and some organizations developed programs to help the victims. Next the emergence of opposition or resistance to further changes occurs. With the discovered group of child victims by clerics, opposition came from higher up as top officials within the various religious organizations argued against this type of crime being systemic problem within their organizations. Some organizations settled out of court with monetary damages being paid to the victims without publicizing any wrongdoing. Others argued the charges were unfair and could have been induced through false memory syndrome.

LO: 3 REF: p. 46-55

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