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50 Cards in this Set

  • Front
  • Back

What do victims expect from police?

quick response to crime report


provide psychological and physical support


assist in filing complaint


regular status reports


apprehension of offender


proper collection of evidence for conviction


quick recovery of stolen property

3 goals for crime victims

retribution


restitution


rehabilitation

How does punishment curb future criminality

specific deterrence


general deterrence


incarceration


satisfies need for revenge


just deserts are morally sound

compstat

a system of police management pioneered by the new york police department during the mid 90's that closely monitors victimization patterns and statistical performance indicators and holds precints commanders accountable for any failure to address problems in their jurisdiction

misprision of a felony

the failure of witnesses to report certain kinds of offenses, especially the abuse of a child, or an elderly person, is a misdemeanor in many jurisdictions.



second wound

after the first injury inflicted by the criminal, victims are particularly susceptible. if officers unwittingly make them feel worse by being dismissive or callous, they will feel rejected and betrayed by those they counted on for support.

burnout

physical and emotional exhaustion caused by stress.

unfounding

a process in which the police reject a persons claim about being harmed by a criminal as unbelievable or at least unprovable in court.

defounding

detectives believe an offense really did take place, but it was not as serious as the complainant described.

clearance rates

the percentage of reported incidents of a particular category of crime, which the police consider to be solved because they have arrested at least one suspect.

criminal justice system response to victims

not all people feel safe and victims still suffer


a functional crj system should be first line of defense vs crime.


failures in system response should be topic for discussion, analysis, reform.


conflict perspective: not all victims are created equal, some crj practices serve interests of crj officials not the victim or community.

what do crime victims want

a sense of empowerment


to feel like they matter


not be a passive recipient


want to restore their dignity and self worth


to hold offender accountable



relationship between victims and police

police are first responders: their responses shape the victims perspective of criminal justice system


victims are most direct, immediate consumers of police services: their opinions can influence police community relations.


police cannot satisfy victim expectations.


police should meet and confer with victims


police need more community outreach


need to do a better job with victims.

reporting incidents to police

police want and need victims to report crimes


a victim who does not report could be seen as endangering others


a crime is a wrong against society


there are variations in reporting rates.


people report to prevent future violence, stop the offender, protect others, not so much to punish.

compounding a felony

victim or witness takes money or has accepted something of value from the perpetrator in exchange for not reporting



factors that may encourage reporting

user friendly departments with good public community relations.


streamlined calling system and complaint filing process helps


law enforcement providing psychiatric support and referrals to counseling or alternative housing for victims of sexual assault or domestic violence.


if cops cared more, people would report more


police community relations good.

interviewing the victim

seeking senstivity, respect, consolation, and compassion, not cold detachment and skepticism.


law enforcement need to avoid inflicting second wound.


law enforcement must give victim time and listen to victim counts without bias or prejudgment.


challenging when some victims file false reports or claims to commit insurance fraud

risk of two possible errors

believe and follow up on false complaint


disbelieve complaints that were actually true.

reasons/incentives for unfounding of cases

pressures from compstat crime analysis and expectation that precinct commanders will reduce crime may lead to dismissal of complaints


little administrative monitoring of middle managment decisions to unfound or dismiss cases.


understaffed departments cannot keep pace with complaints feel pressure to reduce workload


big city departments with history of unfounding cases


rape cases, theft cases involving small amounts of money, where victim and assailant knew each other, where victim was difficult to contact, refused to follow up medical exams or second interviews...typically unfounded.

clearance rates

solved by arrest


solved by extraordinary means such as a dead suspect, outside jurisdiction, victim refuses to cooperate.


tied to crimes not suspects


are measures of police performance, not overall system efficiency.


does not guarantee prosecution or conviction.

victim measures of police performance

arrest, trial and conviction


offenders removed from society and placed behind bars


offender held accountable for harm done to victim


victim recovered stolen property


most victims dissatisfied.

information to victims about case progress

victims do not need to be advised of their rights


victims should learn the case ID number, badge numbers of officers taking complaint and detectives investigating, phone numbers and locations to contact officers involved, case status: arrest made, suspect in custody or in jail.


can generally not get judges to compel police to make arrest or continue investigating.


citizen arrest varies by state and option limited to crimes committed in citizens presence.

progress toward victim oriented police departments

true commitment to community policing by department


regular community forums for opportunities for dialogue.


streamline and asssit victims with complaint process.


administer customer or citizen satisfaction surveys on regular basis to assess performance


meaningful review of citizen complaints


regular updates to victims about case progress


provide same level of response as is given to officers or their families who are crime victims.

victims of juveniles

victims have less input, receive less information, and get less satisfaction in terms of restitution or sense of vindication.


1/4 of states (15) juvenile proceedings closed to public.


21 states have proceedings open with restrictions.


some states close juvenile records


states allow expungement of juvenile records.

move to development of victims rights

survivorology


unigue remedies fashioned by concerned criminal justice officials in positions of authority.


state courts and USSC case decisions


state constitutional amendments


state and federal laws.


creation of state and federal offices for victims of crime.


state victims rights advocates or victims bill of rights.


establishment of victim advocate programs


updates on case progress


protection from physical injury, harm or threats.


creation of victim compensation programs.


victims voice laws


restitution and sentencing


notification of offender release

approaches to achieving victims rights

its a zero sum game: gains made by one party comes at the expense of losses experienced by the other party.


means by which victims can secure greater rights


at expense of offender: deny bail, relax rules of evidence, require incarceration for violent crimes, limit defenses available.


at expense of social and criminal justice system: payment for both economic losses as well as physical injury or death, expand leave time from work for victims suffering trauma or requiring counseling, restrict plea bargaining or allow victim input at plea bargaining.


at expense of offender, system or both: give victim participatory role in trial process, ensure that victims are fully advisesd of their rights, victim interest must always be factor in sentencing, provide victims with not only advocate by also legal assistance.

prosecutor and victim

prosecutors represent the community


what can prosecutors do for victims:


keep victims informed of case status


inform court about victim wishes or concerns


protect victims from intimidation or harassment by defendant


try to resolve cases quickly


aid victims in property recovery


in conflicts between state interest and priorities and victim, victim typically loses.

emergence of victims witness advocate programs

national association of district attorneys began in 1970's in california, illinois, utah, connecticut, kentucky, las angeles, pennsylvania, and new york. all states have today, mostly staffed by one person.


what they do:


increase cooperation between victims, witnesses, and state


good public community relations for prosecutors office


restore public confidence in justice system


get victims access to emergency shelter and mental health services


regular updates on hearing schedules and last minute adjournaments


help victims with transportation and access to court proceedings and child care so victims can attend.


special waiting areas for state witnesses.


victim eligibility for victim compensation: aid in filling out forms


intercession with victim employers for missed work while attending court.

info about victim intimidation

NCVS data indicates it is less frequent than might be suspected. 10% of rape victims, less in property crime.

steps prosecutors can take to protect victims

request high bail or denial of bail


restraining order, relief from abuse or stalking orders


order police protection


bring obstruction of justice charges

dropping and dismissing cases: plea bargaining

victims often feel betrayed by this


prosecutors consider:


strength of evidence


seriousness of charge


prior record of accused


v iolation of restraining order


can plea lead to convictions of superiors in criminal organization


community and offender needs


officer resources and priorities


alternqative paths of prosecution: concurrent jurisdiction cases.


alternatives for victim: special prosecutor, return to private prosecution.

the nature of plea bargaining

takes a variety of forms: count bargains, charge bargains, sentence bargains,


it is pragmatic, it saves time, resources, ensures conviction and state punishment or supervision of offender and eliminates trial uncertainties.


considerations or concessions are necessary: provides incentive for defendants to waive trial rights and plead guilty


victims see it as too lenient: but for most serious crimes, penalties are consistent


going rate and likely sentence if case went to trial


bedsheeting or overcharging as prosecution strategies.

other criminal justice system actors and victim

defnese counsel: delay and challenges to credibility


judges: bail, approval of pleas, excess leniency,


juries: voir dire


corrections: notifications.

Karmens suggestions for victim centered justice

eliminate differential treatment of victims due to race, ethnicity, socioeconomic status, prior history and respectability.


create parallel justice process: victims rights as important as defendants


victims deserve from society:


to help them heal


restore a sense ofsecurity or safety


protect them from future crimes


reintegrate back into life experienced prior to crime.

possible methods or strategies to achieve parallel justice system

post adjudication conferences


case managers to provide post crime assistance


ombudsman:

vitimization rates

realistic assessments of threat levels that criminal activities pose to a particular individual or group. or a threat in a given area.

patterns

can reflect predictable relationship or regular occurences that show up during an analysis of the data year after year

statistical trends

demonstrate how situations have changed over the years.

planning purposes

to predict the workload

statistical profiles

can be assembled to yield an impression of what is usual or typical about victims in terms of their characteristics.

what do statistics tell us

reveal important information


official statistics compiled and distributed by government agencies.


victimization rates


patterns


trends


costs and losses imposed by criminal behavior


planning purposes


evaluate policies


statistical profiles


prevelence


geogrphy of victimization


weapons that were used


victim behavior


satisfaction with outcome.

hate crime statistics act of 1990

authorized by congress


amended twice in 1994 and 1997 to collect new data on crimes vs mentally and physically disabled.


added to UCR reporting system


since 1996 FBI also collects data on church arsons.



definition of hate crime

a criminal offense committed against a person, property, or society that is motivated in whole or in part, by the offenders bias against victims race, religion, disability, sexual orientation or ethnicity or national origin.

campus crime and security act of 1990

requires college and university campuses across US to submit information about criminal activity on campus life.

Uniform crime report

collected by FBI since 1930


based on crimes that are reported or known to police


provided by participating law enforcement agencies. 97% participations.


summary data with information expressed as crime rate.


established in 1927


divided by type of crime



types of crime part I index crimes

murder


forcible rape


robbery


aggravated assault


burgulary


larceny


motor vehicle theft


arson (added in 1979)


this is the crime index.

types of crime part II crimes

21 assorted offenses


some cause injuries to individuals


UCR publishes separate data on hate crimes and officer killed on duty.


under reporting is a problem


no information about complainant except for murder victims


combines attempted and completed crimes.

UCR relevant information

compiles information about number of incidents reported to police


the total estimated losses in billions of dollars due to property crime


proportion of solved cases


some characteristics of the guilty party


no information about victims.


counts incidents directed against all kinds of targets, adding together all crimes


observes the hierarchy rule.


observes hotel rule: if mutiple burglaries occur in hotel and are reported to law enforcement by the hotel manager it is counted as one burglary,.


collects weapon information only on murder, robbery and aggravated assault.


little control over agency reporting practices


police effectiveness traditionally measured y clearance rates


few details gathered by UCR about criminal event.

national crime victimization survey

collected by census bureau in cooperation with BJS since 1972. semi annual survey of 76,000 randomly selected households over 3 yr period.


a 20 page survey


number of violent and property crimes


extent of physical injury and financial losses


location and time of incidents


age, sex, race, ethnicity, mental status, income level, place of residence.


perceptions of the perpetrators.


weapons used


self protective measures taken


relationships with offender


focuses on crimes of violence


focus on theft pickpocketing and larceny


burgulary, larceny, motor vehcile theft.


2013/ 160,000 individuals in 90,000 households.


reports 2 times the amount of crime


more details about geography of incident


victims asked to evaluate cjs response to crime


measures only 6 crimes


can have telescoping


memory decay


falsification


confusion over terms


precipitation or provocation not reported.


76,000 households


covers past 6 months


measures


larceny/theft


burglary


aggravated assault


motor vehicle theft


robbery


rape

National incident based reporting system

began in 1988.


slated to eventually replace UCR


data collected by FBI based on detailed information forwarded by cooperating federal state and local law enforcement.


no hierarchy rule


46 group A offenses derived from 22 categories of crime


victim oriented data for


simple assault


vandalism


blackmail


fraud


forcible sex crimes


non forcible sex crimes


kidnapping


nonpunishable justifiable homicides


approximately 6300 law enforcement agencies now participate in 33 states.


15 states including vt use as sole reporting method.


8 index crimes, and 38 other offenses in 22 categories


records all criminal incidents occurring in criminal event, as well as collecting data on relationship linkages between victims and offenders.


collects weapon data on attempts and completed crimes


expanded definitions of assault and sexual assault.


distinguishes between attempted and completed crimes


more crimes measured


expanded data on arrests.