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  • Analysis & Opinion

Addressing Violent Crime More Effectively

Excessive punishment is the wrong response to rises in homicide rates.

  • David Alan Sklansky
  • Cutting Jail & Prison Populations

This essay is part of the Brennan Center’s series examining the punitive excess that has come to define America’s criminal legal system .

Over the past year and a half, as the United States struggled to address Covid-19, homicides in major American cities have increased sharply, and aggravated assaults appear to have increased, too. The numbers have been frightening : a 30 percent jump in killings in 2020, and a further increase of 16 percent in the first half of 2021. Over an 18-month period, about 33,000 lives were lost to violence in the United States — 8,400 more than would have been killed had homicide rates stayed the same as in 2019.

These numbers pale, of course, beside the more than 600,000 American deaths from the coronavirus over the same period. It’s also true that homicide rates across the United States have stayed far below their peaks in the 1980s and early 1990s, and about the same as what they were in the early 2000s. Still, 8,400 killings — let alone 33,000 killings — is a staggering toll. The numbers are even more devastating for Black Americans and Latinos, who are disproportionately the victims of lethal violence in the United States. For Black men under 45, homicide is far and away the leading cause of death , accounting for nearly a third of all fatalities; for Latino men in the same age group, it is the second leading cause of death .

So, while it’s good that the recent spike in homicides is getting attention, it’s critical not to respond with the kinds of policies that gave us mass incarceration and are helping to perpetuate it — in particular, the aggressive use of decades-long, mandatory prison sentences for “violent” crimes . There are better ways to respond: approaches that have proven effective in reducing extreme violence, without driving prison populations even higher.

For the last half-century, America’s chief strategy for attacking violent crime has been to double down on punishment. About half of all people behind bars in the United States are serving time for offenses classified as violent, many of them with mandatory terms prescribed by “three strikes” laws adopted in the 1990s. A third of all California prisoners, for example, were sentenced under the state’s three strikes law.

These laws are part of a web of punitive policies aimed at violent offenders , who also are commonly excluded from diversion programs, problem-solving courts, eligibility for early parole or humanitarian release, opportunities to expunge or seal convictions, and laws allowing re-enfranchisement. In Oklahoma, for example, defendants charged with violent crimes cannot be diverted to drug courts or mental health courts. If they are convicted and sent to prison, they can be paroled only by special order of the governor, and they generally are ineligible to use the state’s expungement statute.

People charged with violent crimes are also often denied procedural protections provided to other defendants. For example, in Nevada the evidentiary privileges for spouses cannot be invoked by defendants accused of violent offenses. Even before the pandemic, violent crime was something of a third rail for criminal justice reform in the United States, despite the clear, mathematical fact that there is no way to seriously address mass incarceration without radically reducing penalties for violent offenders.

There are three things wrong with these “ brute force ” responses to violent crime.  The first is that they impose massive harm for negligible benefit. There’s no evidence that draconian sentences have done much to reduce violence in the United States. They keep offenders locked up long after they represent any significant threat, and they don’t appreciably increase deterrence, which depends more on the certainty of punishment than on its severity. It’s true that crime plummeted in the 1990s , when imprisonment rates were rising, but imprisonment rates also rose during the 1970s and 1980s, without any change in crime rates. And crime rates during the 1990s — particularly rates of serious violence offenses — dropped just as dramatically in Canada as in the United States, and there was no mass incarceration north of the border. Decades of research have failed to show any beneficial effect of our long prison sentences on public safety. What is certain is that they destroy lives, tear apart families, hollow out communities, and wreck state budgets. 

The second problem, which exacerbates the first, is that “violence” is a morally freighted term without clear boundaries. Calling a crime “violent” is a way of placing it beyond the pale, outside the proper sphere of mercy, redemption, or understanding. Legal definitions of “violent crime” are highly arbitrary, reflecting the vagaries of moral condemnation rather than efforts at descriptive accuracy. Burglary is widely classified as violent, for example, even if no one is hurt or even at home when the crime occurs.  Arkansas and Rhode Island even treat larceny as a violent offense. Bodily assaults, on the other hand, generally trigger the special penalties for violent crimes only when they are “aggravated” by the infliction of “serious” injury or the involvement of a “deadly” weapon, factors that typically reflect the subjective judgment of police and prosecutors.  Whether a crime qualifies as “violent” can also be heavily influenced by racial bias and other forms of prejudice.

The third and final problem with America’s heightened penalties for violent crime is that they treat violence as overwhelmingly a matter of character rather than of circumstances. It takes remarkably few episodes of violence for someone to be labeled a “career” or “habitual” offender — three “strikes,” or in many places only two. In California, for example, a single previous conviction for a “serious or violent felony” doubles the required prison term for a subsequent offense. In many states, similarly, a single conviction for a violent felony, sometimes only a single arrest, can disqualify a defendant from diversion programs. The assumption underlying modern recidivism enhancements, and the eligibility restrictions on diversion programs, isn’t that a small subset of murders, rapes, and aggravated assaults are carried out by people who commit violent offenses again and again; it’s that anyone who commits two or three violent crimes is likely to be inherently violent. Our laws increasingly assume that the roots of violence are in the hearts and minds of offenders, not in the situations in which they find themselves. We tend to neglect the powerful social drivers of violence: from poverty and racism to the wide availability of guns in the United States. 

Covid-19 may be in that category, too. It’s not clear exactly why homicides have spiked in the United States during the pandemic. The same thing hasn’t happened in the United Kingdom or elsewhere in Europe, and there are cities in the United States that have bucked the trend as well. Some of the nationwide increase in killings over the past 18 months may have to do with the disruption of social services, which were already thinner here than across the Atlantic. Some may be due to a surge of gun purchases during the pandemic. Some may be traceable to the erosion of trust between the police and public following the murder of George Floyd in May 2020. (One factor that can be ruled out, though, is the adoption of more lenient criminal justice policies, including the early release of some prisoners, in liberal parts of the country. Killings have risen in all parts of the country , just as much in Republican-led cities as in cities with Democratic mayors, and just as much in counties with and without progressive prosecutors .) There’s good reason to think, though, that bringing the coronavirus under control should be part of any strategy to confront the rising homicide rate. And, in fact, as the worst days of the pandemic have receded in New York City, homicides have fallen as well.

But if Covid-19 has in fact increased homicides, simplistic generalizations about “violent crime” have in turn worsened the public health emergency. It was clear from early 2020 that overcrowded prisons and jails would help the virus spread rapidly. But government officials across the country, Democrats as well as Republicans, have repeatedly balked at releasing “violent” offenders from prisons and jails, even as the death toll from the virus in carceral institutions has surpassed 2,700 , and even as the definition of “violent” remains vague and contingent.

Plainly, though, tackling Covid-19 can’t be the beginning and end of our anti-homicide strategy. Even before the pandemic, far too many people were dying violently in the United States. Fortunately, there is growing evidence that gun homicides between non-intimates — the kind of killings that have risen sharply over the past year and a half — can be reduced dramatically by violence reduction programs concentrated on the relatively small number of people, places, and social interactions responsible for most of the street violence in a given city. These programs are not easy to carry out successfully, and they are even more difficult to sustain over the long term. Pairing focused deterrence with social services and peer-to-peer counseling, they require trust and collaboration between police and community groups, close analysis of local patterns of violence, restraint on the part of police and prosecutors, a strong commitment to helping individuals exit cycles of violence, and an institutional framework that can survive leadership changes, budget crises, and the inevitable calls for tougher approaches when, as in 2020 and 2021, homicide rates begin to climb. 

The most famous of these programs, and a model for many of its successors, was Boston’s Ceasefire initiative, which dramatically reduced youth homicides by interrupting cycles of retaliatory gang violence. Ceasefire identified a relatively small number of groups responsible for the bulk of youth shootings in Boston and targeted their members with threats of criminal enforcement along with offers of economic support and social services if they refrained from gun violence. The program relied on consultation and coordination between the police department, a range of other municipal agencies and nonprofit groups, and inner-city clergy. A more recent, successful version of the Ceasefire approach, in Oakland, California , has focused on adult shooters rather than juveniles (reflecting differences between homicide patterns in Oakland and Boston) and has deemphasized the role of the police while expanding the role of peer-to-peer counseling.

It often takes several tries, stretching over years, before a city finds the right approach, appropriately tailored to local circumstances. And even the most successful programs, like those in Boston and Oakland, are not panaceas: both cities have seen increases in gun violence during the pandemic.

Still, we know these programs can work. Boston’s reduced youth homicides by roughly 50 percent. Those gains began to disappear in the early 2000s when the program was discontinued, then were recovered when the program was restarted. The results in Oakland were similarly impressive: both homicides and nonfatal shootings were cut in half. We also know that there are ways to reduce violent encounters between the police and the public, and ways to curtail prison violence , and ways to help victims of abuse within families and intimate relationships protect themselves from getting killed.

None of this is easy. Simpler and emotionally cathartic responses, like longer prison sentences for people convicted of violent crimes, have an obvious allure. But we have been down that road before. It leads nowhere good. Violence is a hard problem, and it cannot be ignored or simply wished away. But even the most pressing of crises can be made worse.

David Alan Sklansky is the Stanley Morrison Professor of Law and a faculty co-director of the Stanford Criminal Justice Center at Stanford Law School.

Related Issues:

  • Cutting Jail & Prison Populations

Hands stick out from behind prison bars

End Mandatory Minimums

Inflexible, harsh sentences exacerbate crime and racial disparities alike.

View of a prison yard through a barred window

Independent Oversight Is Essential for a Safe and Healthy Prison System

Preventive monitoring of conditions in American prisons can help shine a light on what needs to change.

Teens sit in on a group counseling session.

There Is No One Answer to Over-Policing and Mass Incarceration — There Are Many

Examples abound for successful alternative methods that can greatly improve the current criminal legal system.

Informed citizens are democracy’s best defense

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Victims of Crime, Essay Example

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Technology has opened a whole new venue of crime and crime related harassment and attacks. Victims of cyber stalking may be exposed to their personal information going public: such information as their phone number, their address, and their bank information. Once this information is released it is in the public domain and is very difficult to get it private once again. One woman was harassed so badly that she had to change her phone number and have the buzzer to her apartment removed because she was getting harassed by men who answered a sex ad that a cyberstalker posted about the woman online (Crime-Safety-Security, 2014, para. 2-3).

Once personal information is made public it is very difficult to make it private again. Facebook is a main factor in cyberstalking as it offers a person’s personal life on a very public platform. In order to curtail cyberstalking a person has to change their privacy settings. Other ways that stalkers gain access to a person’s life is through emails. Fraudulent emails that are answered by a person often lead to a stalker gaining access to bank accounts and other personal information because the stalker now has access to the person’s home computer through encryption methods (Stalking Resource Center, 2012, para. 6).

State laws have recognized the harm of cyberstalking and have recently begun to curtail such acts through new laws. Cyberstalking, cyberbullying, and cyberharrassment laws have all come into being because of criminal behavior online (NCSL, 2013, para. 3). Each state and territory has their own laws in dealing with, and punishing people caught committing cyber crimes.

Stalking Resource Center . (2012). The use of technology to stalk. Retrieved from http://www.victimsofcrime.org/our-programs/stalking-resource-center/stalking-information/the-use-of-technology-to-stalk

Crime Safety Security. (2014). Cyber stalking faq. Retrieved from http://www.crime-safety-security.com/Cyber-Stalking.html

National Conference of State Legislatures . (2013). State cyberstalking and cyberharassment laws. Retrieved from http://www.ncsl.org/research/telecommunications-and-information technology/cyberstalking-and-cyberharassment-laws.aspx

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Free Essay On Crime Victims

Type of paper: Essay

Topic: Supreme Court , Victimology , Social Issues , Criminal Justice , Discrimination , Violence , Crime , Sexual Abuse

Words: 1100

Published: 03/18/2020

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Victim Presipitation

Insitution Victims of Crimes in the United States

Victims of crime are those persons who have directly been on the receiving end of criminal acts. Such act include but are not limited to rape and other sexual assaults, robbery, burglary, property theft, homicide, aggravated assault, simple assault and motor vehicle theft. Acts of violence like domestic violence and violent victimization where weapons are involved are also included. Victims classification also depend on the state where a crime is committed; some states only classify one as a victim in case of a violent crime. A victim of crime should not be regarded as a secluded individual affected by a crime. A victim becomes a useful asset to the judicial not only as a witness to the crime committed, but also as a base for the prevention of possible future crimes of a similar nature. Victimology is important as the study of the victim informs the judial process and aids in not only the rehabilitation of the victim but also the profiling of the criminal. It is also healthy for a nation or a state to take care of it’s victims for the sake of the sanity of the community and to restore the confidence of the general population after a crime has been committed. Being a crime victim is a terrible experience that often times results to trauma and sometimes even stigma from the community. A victim therefore deserves to be treated right by the justice system and the community. The US had made tremendous strides in this light. It is also commendable that the Office of Justice Programmes has come up with an elaborate plan, Vision 2021, focusing on victims and how they can improve their experience in the judicial process and facilitate their healing after the judicial process. It is also a blue print for handling challenges regarding classification of victims and outreach. The US has accorded legal rights to victims of crime. The rights include their freedom to participate or be excluded in court proceedings, be adequately informed, be given adequate protection. The laws and their excecution depend on the area where the crime is committed and prosecuted. In some cases, victim’s rights can be exercised by close family members on behalf of the victim for example if the victim is a minor or in the case of homicide. The government has shown commitment in not only the prosecution of criminals, but has also ensured that victims of crime are also cared for and assited in their healing process. Office of Justice Programs states that they are commited to improving the nations’ capacity to assist crime victims, advocating for change in attitude, influencing policies and adopting practices that aid victims in their healing process (OJP, 2014).

Victim Statistics

The National Crime Victimization Survey measures crimes commited whther they have been reported and prosecuted or not. The data provided fromsample households is used to rate crimes and to collect statiscs on victims and nature of crimes committed. It also provides details based on particular ethnicity, state and areas of residence. Such statistics anables the government to come up with intervention measure based on the crime estimations. OJP (Office of Justice Programs, Victims of Crime, 2014) reported that there was an overall increase in crime rate between 2012 and 2013. The increase in violent crime rate was 22.8% while the increase in violent crime rate was 13.8%. The following are the highlights from The Bureau of Justice statics are as follows: - The rate of violent crime declined slightly from 26.1 victimizations per 1,000 persons in 2012 to 23.2 per 1,000 in 2013. - No statistically significant change was detected in the rate of serious violent crime (rape or sexual assault, robbery, and aggravated assault) from 2012 to 2013 (7.3 per 1,000). - The rate of property crime decreased from 155.8 victimizations per 1,000 households in 2012 to 131.4 per 1,000 in 2013. - In 2013, 1.2% of all persons age 12 or older (3 million persons) experienced at least one violent victimization. About 0.4% (1.1 million persons) experienced at least one serious violent victimization. (Langton and Truman, 2013).

Victim Precipitation

Victim precipitation refers to how an individual may influence his victimization through his behavior. Theories have been advanced to explain this concept, with the argument that a victim may act in a certain way that provokes the victimizer to act in a certain manner in response to the victim’s actions. The idea of victim precipitation is, however, very controversial. As much as there is no general agreement on victim precipitation, the law does recognize it and it usually informs the prosecution process of some crimes like in the case of homicide. Determination of victim precipitation involves an assessment of the factors around the victim, i.e. the environment and circumstance.

Insufficient details to determine precipitation.

Despite the controversy surrounding this, it is important to study victim precipitation. It may aid in enlightening the community in the interactions between victim and offender. This, in a small way can create public awareness, making people more careful and more deliberate in their interactions so that they do not become future victims. It also aids investigations. This is especially applicable in serial crimes. It can help investigators in profiling the criminal based on his interactions with the victims, which might aid in his capture since it helps investigators to narrow down to particular social networks where the perpetrator most likely interacts with his victims. It also impacts the future of the general community since when a pattern is established, the authorities can put some measure to deter future crimes of a similar nature.

The National Center for Victims of Crime (NCVC). 2014. Victims' Rights. http://www.victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime victims/victims%27-rights. Accessed 30 November 2014. Langton, L. & Truman, .J. 2014. Criminal Victimization, 2013. Bureau of Justice Statistics (BJS). http://www.bjs.gov/index.cfm?ty=tp&tid=9. Accessed 30 November 2014. Office of Justice Programs (OJP). 2014. Victims of Crime. http://ojp.gov/programs/victims.htm. Accessed 30 November 2014.

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Book cover

Trust and Legitimacy in Criminal Justice pp 65–91 Cite as

Empowering the Victims of Crime: A Real Goal of the Criminal Justice System or No More Than a Pipe Dream?

  • Witold Klaus 3 ,
  • Konrad Buczkowski 3 &
  • Paulina Wiktorska 3  
  • First Online: 01 January 2014

1037 Accesses

This chapter discusses victim empowerment from a victimological perspective on three levels. The first concerns legislative issues. Selected Polish statutes aimed at giving greater protection to victims of crime are analyzed, along with their most recent amendments. The justifications for these amendments (i.e., the aims and assumptions that guided the legislature), which include compensation for victims of crime, the rights and safeguards for victims in criminal proceedings, and the situation regarding victims of domestic violence, are the main object of this study. The second level involves verifying how these legislative assumptions actually work in practice in the justice system. Assessing whether, and to what extent, victims of crime have been able to exercise their rights, i.e., the extent to which the justice system takes the interests of victims of crime into consideration and ensures that they are supported and protected and not subjected to secondary victimization, has been made possible by analyzing a variety of victimological studies. The third level involves analyzing discourse. Some of the public debate on signing the Convention on preventing and combating violence against women and domestic violence, which was recently held in Poland, is elucidated and explained. The sometimes heated arguments that broke out among those both for and against show that the attitude to victims of crime and the necessity of ensuring them legal protection is a difficult subject in Poland. The very question of protecting and assisting victims is often pushed aside in favor of ideological contentions. The issues raised allow for an evaluation as to whether the rights of victims have been incorporated into the real aims of the Polish justice system or whether they remain no more than a pipe dream.

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For more on punitiveness in Poland, see Klaus, Rzeplińska, and Woźniakowska-Fajst ( 2011 ).

The “Victims’ Rights Charter” ( www.elblag.policja.gov.pl/p_d_f/karta _praw_ofiary.pdf) is a Ministry of Justice initiative. Although it has no legal effect, the Charter lists the rights to which the victim is entitled, as well as information on the entities from whom or what they can be claimed.

The authorisation of the court is given effect in imposing the obligation set out in CC Art. 72 § 1 Pt. 7a and Pt. 7b. This concerns the obligation to refrain from making contact with the victim or other persons in a specified manner or approaching the victim or other persons, as well as the obligation to vacate premises jointly occupied with the victim.

Some of the most important changes include inserting a prohibition on parents and guardians administering corporal punishment to children into the Act of 25 February 1964—the Family and Guardianship Code (J.L. No. 9, Item 59 with amendments). On the other hand, two new penal measures were inserted into the Criminal Code, constituting a milestone in safeguarding the rights of victims of domestic violence: (1) the option of ordering a prohibition on approaching specific people for 1–15 years; and (2) the option of ordering the vacation of premises occupied jointly with the victim for 1–10 years.

This change also brought about a change in the title of the Act by striking out the term “intentional.”

In one case, the victim was examined 8 times as a witness, subjected to a medical examination, and made to participate in 3 line-ups with a witness and in 2 with a suspect. Moreover, a single examination of a rape victim is rare. Two are the norm and there are often three—and that is just in the preliminary proceedings (Dudka, 2012 ).

Such activities should be the exception—especially in the cases surveyed. Being subjected to examinations has become tantamount to illegal deprivation of freedom. Presumably, the trauma that such a crime causes the victim and his/her reluctance to meet the offender again are not trivial.

Data from the General Prosecutor to the Deputy Marshall of the Senate dated 23 January 2013 (No. PG II P 070/1/13).

Although in the overwhelming majority of cases involving property damage, the offender repaired such damage either prior to judgement or by order of the court (together, this occurred in 94 % of cases) when the court ordered a conditional stay of proceedings (Jankowski, Momot, & Ważny, 2011 : 32).

The inordinately complicated form that has to be filed for compensation is also worth noting. This is incomprehensible to many victims. The courts have ordered applicants to put additional information in the form in 73 % of cases. This means that it must be completely incomprehensible to the public (Mazowiecka, 2012 : 225).

While Poland pays approx. 140,000 PLN p.a. in compensation, the Netherlands (to take one example) paid 12.7 million EUR to some 8,000 people in 2013 alone (Criminal Injuries […], 2014 ). The amounts paid have been increasing every year since 1995 (Moolenaar, 2006 : 31).

Lawyers have seldom appeared in compensation cases. However, the courts have awarded the victim the monetary relief claimed in 68 % of the cases where they were present (Mazowiecka, 2012 : 227–228).

This has brought about enormous variation in the circumstances of victims. For example, wealthy people, who can afford a dental implant after losing a tooth as a result of a crime, will have their costs reimbursed, while poor people, who cannot meet these expenses upfront are left without any support. Some examples of the compensation that has been allowed in different cases: 2,525 vs. 86 EUR for having a tooth knocked out; 1,635 EUR for having two front teeth knocked out and sustaining a fractured skull; and 35 EUR for a disabled person who sustained multiple injuries, a fractured skull and a broken tooth (Mazowiecka, 2012 : 323–325).

It has to be stressed that even in cases where applications are dismissed as unfounded by virtue of being inconsistent with the Act, these proceedings take 5 months on average and the longest has taken almost 30 months. Additional work is frequently demanded from victims in these proceedings, even though a declaration that their applications are unfounded would be extremely simple in most cases, as the provisions of the Act make this plain (Mazowiecka, 2012 : 228 and foll.).

This compares with 55.3 % of convicted robbers receiving prison terms and 44.5 % receiving suspended sentences in 2012.

These obligations mainly consist of refraining from alcohol (95 % overall) and rarely involve protecting the victim. The court has imposed an obligation to “improve behaviour towards the victim and desist from quarrelling” in 42 % of cases but has only ordered an apology to the victim in 4 %, prohibited contact in 2.5 %, and ordered the offender to vacate jointly occupied premises and not approach the victim in 1 % (Budyn-Kulik, 2009 : 50).

Judges have made similar appraisals in cases of women victims of human trafficking, assessing their way of life prior to falling victim to this crime and using such terms to describe them as “goods,” “prostitutes,” “young ladies” and “people in search of adventure” (Koss-Goryszewska, 2013 ; Namysłowska-Gabrysiak, 2010 ).

Barely 1 in 19 men who use violence against women were punished for it (Gruszczyńska, 2007 : 119–120).

Amir, M. (1967). Victim precipitated forcible rape. Journal of Criminology, Criminal Law and Police, 58 (4), 493–502.

Article   Google Scholar  

Bieńkowska, E. (2012). Wiktymizacja wtórna – geneza, istota i rola w przekształcaniu polityki traktowania ofiar przestępstw [Secondary victimisation: Its origin, its essence and its role in reforming crime victim policies]. In L. Mazowiecka (Ed.), Wiktymizacja wtórna – geneza, istota i rola w przekształcaniu polityki traktowania ofiar przestępstw [Secondary victimisation: Its origin, its essence and its role in reforming crime victim policies] (pp. 53–79). Warsaw: Wolters Kluwer.

Google Scholar  

Błachnio-Parzych, A. (2009). Samoistny środek karny jako instrument racjonalnej polityki karnej [The independent penal measure as a rational penal policy tool]. In J. Jakubowska-Hara & J. Skupiński (Eds.), Alternatywy pozbawienia wolności w polskiej polityce karnej [Alternatives to custodial sentences in Polish criminal policy] (pp. 142–169). Warsaw: Wydawnictwo Naukowe Scholar.

Borkowska, O., & Płatek, M. (2011). Skala przestępstwa zgwałcenia w Polsce [The scale of rape in Poland]. In J. Piotrowska & A. Synakiewicz (Eds.), Dość Milczenia. Przemoc seksualna wobec kobiet i problem gwałtu w Polsce [Enough silence: Sexual violence against women and the issue of rape in Poland] (pp. 10–22). Warsaw: Fundacja Feminoteka.

Budyn-Kulik, M. (2009). Przemoc w rodzinie – analiza wiktymologiczna oraz prawnokarne środki przeciwdziałania [Domestic violence: Victimological analysis and criminal law preventive measures] . Warsaw: Instytut Wymiaru Sprawiedliwości.

Budyn-Kulik, M. (2012). Oddziaływanie na sprawców przemocy w rodzinie przez sądy poprzez nakładanie obowiązku uczestnictwa w programach korekcyjno-edukacyjnych [The effect of court orders to participate in correctional and educational programs on domestic violence offenders] . Warsaw: Instytut Wymiaru Sprawiedliwości.

Buzawa, E. S. (2013). Victims of domestic violence. In R. Davis, A. J. Lurigo, & S. Herman (Eds.), Victims of crime (pp. 29–56). Los Angeles: Sage.

Criminal Injuries Compensation Fund pays out € 12.7 million. (2014). Retrieved from http://www.government.nl/news/2014/03/17/criminal-injuries-compensation-fund-pays-out-12-7-million.html .

Dudka, K. (2006). Skuteczność instrumentów ochrony praw pokrzywdzonych w postępowaniu przygotowawczym w świetle badań empirycznych [The effectiveness of legal measures to protect victims in preliminary proceedings in light of empirical studies] . Lublin: Wydawnictwo UMCS.

Dudka, K. (2012). Podstawy umorzenia i odmowy wszczęcia postępowania karnego w sprawach o przestępstwa zgwałcenia [Grounds for discontinuing and refusing to initiate criminal proceedings in rape cases] . Warsaw: Instytut Wymiaru Sprawiedliwości.

Dudka, K., & Artymiak, G. (2012). Sytuacja pokrzywdzonego w procesie karnym, ze szczególnym uwzględnieniem roli oskarżyciela posiłkowego i powoda cywilnego [The status of the victim in a criminal trial with a focus on the roles of auxiliary prosecutor and civil plaintiff] . Warsaw: Instytut Wymiaru Sprawiedliwości.

Gardocka, T. (2012). Skazanie bez rozprawy w kontekście praw pokrzywdzonego [Judgement without trial in the context of victims’ rights] . Warsaw: Instytut Wymiaru Sprawiedliwości.

Gardocki, L. (2011). Prawo karne [Criminal law] . Warsaw: C.H. BECK.

Garland, D. (2001). The culture of control: Crime and social order in contemporary society . Oxford: Oxford University Press.

Gąsior, M. (2014). Pracuje w rządzie i przy episkopacie, napisał książkę z apb Hoserem [He works for the government and the episcopate, and wrote a book with abp. Hoser] . Retrieved from http://natemat.pl/85903,pracuje-w-rzadzie-i-przy-episkopacie-napisal-ksiazke-z-abp-hoserem-kim-jest-wiceminister-sprawiedliwosci-michal-krolikowski

Gawlik, P. (2013). Polacy nie zdaja sobie sprawy z zakazu bicia dzieci [Poles do not understand the prohibition on striking children]. Gazeta Wyborcza . Retrieved from http://wyborcza.pl/1,75478,14974844,Polacy_nie_zdaja_sobie_sprawy_z_zakazu_bicia_dzieci_.html .

Grabowska, M. (2011). Pomiędzy wiedzą a stereotypem: Instytucje publiczne i organizacje pomocowe wobec problemu gwałtu: Raport z badań [Between knowledge and stereotype: Public institutions and aid organisations on rape: Research report]. In J. Piotrowska & A. Synakiewicz (Eds.), Dość milczenia: Przemoc seksualna wobec kobiet i problem gwałtu w Polsce [Enough silence: Sexual violence against women and the issue of rape in Poland] (pp. 121–190). Warsaw: Fundacja Feminoteka.

Gruszczyńska, B. (2007). Przemoc wobec kobiet w Polsce: Aspekty prawnokryminologiczne [Violence against women in Poland: Legal and criminological aspects] . Warsaw: Wolters Kluwer.

Grzegorczyk, T., & Tylman, J. (2003). Polskie Postępowanie karne [Polish criminal procedure] . Warsaw: Lexis Nexis.

Jankowski, M., Momot, S., & Ważny, A. (2011). Warunkowe umorzenie postępowania [Conditional stay of procedure] . Warsaw: Instytut Wymiaru Sprawiedliwości.

Jordan, J. (2013). From victim to survivor – and from survivor to victim: Reconceptualising the survivor journey. Sexual Abuse in Australia and New Zealand, 5 (2), 48–56.

Kamińska-Szmaj, I. (2001). Słowa na wolności [Words at large] . Wrocław: Wydawnictwo Europa.

Kania, S. (2014). Kempa: nie dyskryminuję ideologii gender [Kempa: I do not discriminate against gender ideology] . Retrieved from http://www.wprost.pl/ar/432321/Kempa-Nie-dyskryminuje-ideologii-gender/ .

Klaus, W., Rzeplińska, I., & Woźniakowska-Fajst, D. (2011). Development of punitiveness in Poland. In H. Kury & E. Shea (Eds.), Punitiveness: International developments (pp. 245–268). Bochum: Universitaetsverlag Brockmeyer.

Koss-Goryszewska, M. (2013). Wizerunek ofiary handlu kobietami w krajowym orzecznictwie karnym na podstawie analizy wyroków w sprawach o handel ludźmi w latach 1997–2009 [The image of the victims of trafficking in women in Polish case law based on an analysis of the judgments in human trafficking cases 1997–2009]. Archiwum Kryminologii, 35 , 156–187.

Łagodziński, S. (2011). Praktyka przyznawania świadczeń na podstawie ustawy z 7. 7. 2005 r. o państwowej kompensacie przysługującej ofiarom niektórych przestępstw [The practice of admitting testimony on the basis of the Act on state compensation for victims of selected crimes of 7 July 2005]. Prawo w działaniu, 9 , 119–141.

Marczewski, M. (2008). Powody niezadowolenia ofiar z przyjęcia zgłoszenia przestępstwa [Why victims are dissatisfied with the reception they receive when they report a crime]. In A. Siemaszko (Ed.), Geografia występku i strachu: Polskie Badanie Przestępczości’07 [Geography of crime and fear: Polish crime studies 2007] (pp. 53–60). Warsaw: Instytut Wymiaru Sprawiedliwości.

Mazowiecka, L. (2012). Państwowa kompensata dla ofiar przestępstw [State compensation for victims of crime] . Warsaw: Wolters Kluwer.

Ministry of Justice. (2013). Dorośli prawomocnie skazani wg rodzajów przestępstw i wymiaru kary w latach 2008–2012 [Finally sentenced adults by type of crime and size of penalty 2008–2012] . Warsaw: Ministry of Justice. Retrieved from http://isws.ms.gov.pl/pl/baza-statystyczna/opracowania-wieloletnie/download,2577,1.html .

Monkos, A. (2008). Ćwiąkalski nie chce zakazu bicia dzieci [Ćwiąkalski does not want to prohibit the striking of children]. Dziennik.pl . Retrieved from http://wiadomosci.dziennik.pl/polityka/artykuly/134195,cwiakalski-nie-chce-zakazu-bicia-dzieci.html .

Moolenaar, D. (2006). Expenditure on crime in the Netherlands . The Haag: WODC. Retrieved from http://wodc.nl/onderzoeksdatabase/me2006-1-expenditure-on-crime-in-the-netherlands.aspx .

MSU. (2008). Polacy podzieleni w kwestii bicia dzieci [Poles divided on the issue of striking children] . Retrieved from http://wiadomosci.onet.pl/kraj/polacy-podzieleni-w-kwestii-bicia-dzieci/ttp02 .

Namysłowska-Gabrysiak, B. (2010). Analiza orzeczeń sądowych za lata 1999–2009 w sprawach dotyczących handlu ludźmi z art. 253 k.k. oraz wybranych losowo spraw z art. 204 § 4 k.k. [Analysis of judgments in human trafficking cases decided under CC Art. 253 and randomly selected cases decided under CC Art. 204 § 4 1999–2009] . Warsaw: Instytut Wymiaru Sprawiedliwości.

Niełaczna, M. (2007). Kompensata dla ofiar przestępstw – prawo a praktyka: Raport z monitoringu działania ustawy o państwowej kompensacie dla ofiar niektórych przestępstw umyślnych [Compensation for victims of crime – law and practice: Monitoring report on the working of the Act on state compensation for victims of selected crimes] . Warsaw: Stowarzyszenie Interwencji Prawnej.

O’Sullivan, C. S. (2013). Sexual violence victimization of women, men, youth, and children. In R. Davis, A. J. Lurigo, & S. Herman (Eds.), Victims of crime (pp. 3–28). Los Angeles: Sage.

PAP. (2013). Burza po wpisie Guziała o gwałcie na Kabatach [Storm over Guział’s Kabaty rape comments] . Retrieved from http://tvp.info/informacje/polska/burza-po-wpisie-guziala-o-gwalcie-na-kabatach/12308702 .

Piotrowska, J., & Synakiewicz, A. (2011). Wstęp [Admission]. In J. Piotrowska & A. Synakiewicz (Eds.), Dość Milczenia: Przemoc seksualna wobec kobiet i problem gwałtu w Polsce [Enough silence: Sexual violence against women and the issue of rape in Poland] (pp. 4–9). Warsaw: Fundacja Feminoteka.

Płatek, M. (2011). Przestępstwo zgwałcenia w świetle prawa i perspektywy osób pokrzywdzonych [Rape as viewed by victims and the law]. In J. Piotrowska & A. Synakiewicz (Eds.), Dość Milczenia: Przemoc seksualna wobec kobiet i problem gwałtu w Polsce [Enough silence: Sexual violence against women and the issue of rape in Poland] (pp. 23–43). Warsaw: Fundacja Feminoteka.

Protest przeciw ustawie [Protest against statute] . (2010). Retrieved from https://pl-pl.facebook.com/pages/Protest-przeciw-ustawie-u%C5%82atwiaj%C4%85cej-urz%C4%99dnikom-odbieranie-dzieci-rodzinom/352958063948 .

Ratyfikujmy Konwencję Rady Europy w sprawie zapobiegania i zwalczania przemocy wobec kobiet i przemocy domowej! – Petycja [Poland ratifies Convention on combating violence against women and domestic violence! Petition] . (2013). Retrieved from http://www.niebieskalinia.pl/4862-ratyfikujmy-konwencje-rady-europy-w-sprawie-zapobiegania-i-zwalczania-przemocy-wobec-kobiet-i-przemocy-domowej-petycja .

Spurek, S. (2012). Komentarz do ustawy z dnia 10 czerwca 2010 r. o zmianie ustawy o przeciwdziałaniu przemocy w rodzinie oraz niektórych innych ustaw: Przeciwdziałanie przemocy w rodzinie: Komentarz [Commentary on the Act on changes to the Act on countering domestic violence and certain other acts: Countering domestic violence: commentary] . Warsaw: Wolters Kluwer.

Szulc, A. (2013). Żona nie krzyczy [My wife doesn’t shout]. Newsweek Polska , (40). Retrieved from http://polska.newsweek.pl/zona-nie-krzyczy-malzenstwo-gwalt-przemoc-maz-zona-newsweek-pl,artykuly,271465,1.html .

Trojanowska, M. (2013). Konwencja Rady Europy o zapobieganiu i zwalczaniu przemocy wobec kobiet i przemocy domowej furtką do wprowadzenia gender? [Council of Europe Convention on violence against women and domestic violence paving the way for gender ideology?] . Retrieved from http://www.fronda.pl/a/konwencji-rady-europy-o-zapobieganiu-i-zwalczaniu-przemocy-wobec-kobiet-i-przemocy-domowej-i-gender,31638.html .

Ula. (2013). Odbieranie dzieci rodzicom – prawo i rzeczywistość [Removing children from their parents – the law and the reality] . Retrieved from http://www.familie.pl/artykul/Odbieranie-dzieci-rodzicom-prawo-i-rzeczywistosc,6586,1.html .

van Dijk, J., van Kesteren, J., & Smit, P. (2007). Criminal victimisation in international perspective: Key findings from the 2004–2005 ICVS and EU ICS . Den Haag: WODC.

Walklate, S. (2009). Victims and the state. In R. Coleman, J. Sim, S. Tombs, & D. Whyte (Eds.), State, power, crime (pp. 174–184). London: Sage.

Chapter   Google Scholar  

Walkowiak, W. (2011). Prawa ofiar przestępstw [The rights of victims of crime]. Homines Hominibus, 7 , 115–126.

Wiktorska, P. (2013). Nowelizacja ustawy o przeciwdziałaniu przemocy w rodzinie – w kierunku racjonalizacji czy biurokracji [Reforming the Act on countering domestic violence – towards rationalisation or bureaucratisation]. In A. Rzeplinski, I. Rzeplinska, M. Niełaczna, & P. Wiktorska (Eds.), Pozbawienie wolności – funkcje i koszty: Księga jubileuszowa Profesora Teodora Szymanowskiego [Custodial sentences – functions and costs: Volume in commemoration of professor Teodor Szymanowski] (pp. 419–437). Warsaw: Wolters Kluwer.

Wittenberg, A. (2013). Nowa polska obelga zastąpiła żyda, pedała, komunistę [New Polish insult replaces Jew, homo, communist] . Retrieved from http://natemat.pl/31767,nowa-polska-obelga-feministka-zastapila-zyda-pedala-i-komuniste .

Wrona, G. (2011). Obowiązki nakładane na osoby skazane z art. 207 § 1 k.k. w orzecznictwie sądów rejonowych [Obligations imposed on people sentenced under CC Art. 207 § 1 in the regional courts]. Archiwum Kryminologii, 33 , 213–226.

Wybranowski, W. (2013). Urzędnicy odbierają rodzinie dzieci [Officials remove children from family]. Tygodnik Lisieckiego Dorzeczy.pl . Retrieved from http://dorzeczy.pl/urzednicy-odbieraja-dzieci/ .

Zaduminska, B. (2006). Sytuacja ofiar zgwałcenia w postępowaniu przygotowawczym: Raport z monitoringu [Status of rape victims in preliminary proceedings: Monitoring report] . Kraków. Retrieved from http://www.ekologiasztuka.pl/pdf/f0037zaduminska.pdf .

Zedner, L. (2002). Victims. In M. Maguire, R. Morgan, & R. Reiner (Eds.), The Oxford handbook of criminology (pp. 419–456). Oxford: Oxford University Press.

Zweig, J., & Yahner, J. (2013). Providing services to victims of crime. In R. Davis, A. J. Lurigo, & S. Herman (Eds.), Victims of crime (pp. 325–347). Los Angeles: Sage.

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Klaus, W., Buczkowski, K., Wiktorska, P. (2015). Empowering the Victims of Crime: A Real Goal of the Criminal Justice System or No More Than a Pipe Dream?. In: Meško, G., Tankebe, J. (eds) Trust and Legitimacy in Criminal Justice. Springer, Cham. https://doi.org/10.1007/978-3-319-09813-5_4

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Victims of Crime Act: History and Development Essay

Victims of crime act.

This paper will focus on the Victims of Crime Act and its importance. The historical background of this act is explained in great detail because it is essential for the understanding of the law. The necessary part of the paper is the information about changes to the original policy. Also, this essay describes the legislation of this policy. Scholarly sources on this topic were researched to provide more comprehensive answers. A personal opinion on this subject is also presented. The discussion of this act and how necessary it is for the criminal justice system in The United States is important. It has impacted the country and its citizens.

It is highly necessary to understand that victims of offense require different kinds of help. Some need financial support and protection, and some require counseling after events that may have damaged the psyches. The government is obligated to assist individuals that are in need of help.

This policy has a long history. First of all, the task force that was created by the 40th President of the United States, Ronald Reagan, described many problems of the criminal justice system in 1982. The primary goal of this unit was to recognize victims of various crimes to provide them with support. It has proposed numerous ideas that would help to solve the situation. Some of those recommendations were used as a core of the Victims of Crime Act (VOCA) that was adopted in 1984.

Congress has made several changes to this act since it was established

There have been several amendments to reduce the funding for training. The government made sure that victims of crime can receive public assistance in 1996. It was imperative because it was previously denied most of the time. The funding was reduced after 2000. However, the need for such programs was later recognized, and the annual cap was increased. Several changes were made to the victim’s rights through State legislation.

The legislation was extremely necessary because of numerous protests in 1982

Sufferers of offenses were disappointed by the lack of support from the side of the government. Most states have changed their constitutions, and VOCA was signed this year. Programs that assist victims of crime were introduced with this Act (Davis, Lurigio, & Herman, 2012). The government has provided all the necessary funding. Assistance was essential for those individuals because they felt helpless, and the health and well-being of citizens are paramount for the government of the United States. The establishment of The Crime Victims Fund was critical. Such expenses as funeral costs, medical expenses were compensated to those who have been offended. The difference between the sizes of deposits was huge each year.

Office for Victims of Crime (OVC) is active since 1988. It was created through an amendment to an existing policy. It is one of the divisions of The United States Department of Justice (DOJ). This organization is currently working on the development of methods that should increase the effectiveness of data collection and is making changes to reporting requirements. Nowadays, the government can raise close to $1B each year, thanks to fines to help victims of crime (Waller, 2011). The government plans to increase the funding in 2015 significantly. It will be used to help witnesses, children, and guarantee state compensation. Funds are also used for training and different programs that are necessary to provide victims of crime with the best possible services. The significant stage of the development of the criminal justice system was the passing of the Crime Victims’ Rights Act in 2004. It has expanded the ideas that were established in VOCA. The details about compensations, assistance grants, services to victims are described in Chapter 112 of the United States Code.

In conclusion, the importance of this act cannot be overlooked. It has helped numerous victims and their families. The passing of this policy was necessary because various current laws are based on it. Overall, the legislation was necessary, and the rights of victims of crime were increased through changes to an existing policy.

Davis, R., Lurigio, A., & Herman, S. (2012). Victims of crime (4th ed.). Los Angeles, CA: Sage Publications.

Waller, I. (2011). Rights for victims of crime: Rebalancing justice . Lanham, MD: Rowman & Littlefield Publishers.

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EssayEmpire

Victims’ rights movement essay.

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The victims’ rights movement refers to the convergence of events and social movements that resulted in efforts to change social and legal policies that were harmful to victims of crime and to create new policies that acknowledged the impact of crime on individuals and their families. These policies created new services for crime victims to help them recover from the aftermath of crime and to involve them in the criminal justice system proceedings to successfully pursue and prosecute the perpetrators of crime.

Historical Influences

The idea that victims of crime are entitled to certain rights has its origins in the Code of Hammurabi (2000 BC). The Code of Hammurabi set forth rules regarding the role of the state in holding offenders responsible for their behavior and the restoration of persons who had been wronged by a crime. The code also addressed rules regarding interpersonal violence, including the rights and duties of married couples and children. At the core of these rules was the notion that weaker individuals should be protected from stronger persons.

Early Roman law, the Judeo-Christian Bible, and English law including common law and Magna Carta also provided guidelines regarding the rights of victims to seek compensation or revenge for personal wrongs committed against them. Over the centuries, as governments codified crimes and punishments, the notion of personal wrongs became transformed into crimes against the state. In this paradigm, the role of the victim became secondary to the pursuit of punishment by the state.

The Modern Movement

The modern victims’ rights movement was influenced by the civil rights and antiwar movements of the 1960s and 1970s with their emphasis on drawing public attention to marginalized populations and questioning unjust policies of the government. However, it was the rising crime rates in the 1960s, the feminist movement’s attention to the issue of violence against women, early victim compensation programs, and political activism by victims that led more directly to the victims’ rights movement.

Rising Crime Rates

A rise in crime rates in the 1960s sparked a “get tough on crime” attitude by politicians and the general public. In what can also be called the law and order movement, the criminal justice system, state and federal policymakers, and victim advocacy groups worked together to increase penalties for offenders. The treatment of crime victims by the criminal justice system also came under scrutiny. Early crime victimization studies identified a large gap between the number of crimes reported to police and the number of self identified crime victims. The often insensitive treatment of crime victims and witnesses by police, prosecutors, and judges was a major reason why victims were reluctant to ask law enforcement for help or to participate in prosecution. Law enforcement and prosecutors also began to recognize that addressing victims’ problems resulting from the crime may increase victims’ cooperation, thereby increasing the quality of evidence needed for successful prosecution.

The Feminist Movement

The feminist movement of the 1960s and 1970s drew attention to the crimes of sexual assault and domestic violence. Law enforcement and prosecutors often did not take these crimes seriously and often blamed the victims for abuse. In 1972, the first community-based programs—rape crisis centers— were opened. In 1976, the National Organization for Women established a task force on battered wives, thus initiating the battered women’s movement. The feminist movement is credited with laws protecting the rights of sexually and physically assaulted women and the development of rape crisis programs and shelters for abused women and their children.

Early Crime Victim Compensation Programs

In 1965, California was the first state to establish a victim compensation program. Within 5 years, five additional programs were established in New York, Hawaii, Massachusetts, Maryland, and the Virgin Islands. These programs recognized that victims also bear financial consequences of crime and provided reimbursement for some of their expenses. Today, all 50 states plus the District of Columbia and the Virgin Islands have funded compensation programs. A special victim compensation program was developed in response to the attacks on the World Trade Center on September 11, 2001.

Political Activism By Crime Victims

In addition to the community-based advocacy fueled by the feminist movement, other groups, such as Mothers Against Drunk Driving, Parents of Murdered Children, and the National Organization of Victim Assistance, advocated for local, state, and federal policy changes. Law enforcement and prosecutor based victim assistance programs were developed to assist crime victims in coping with the aftermath of crime and to participate in the criminal justice process.

Major Accomplishments

The victims’ rights movement has amassed an impressive resume of accomplishments, including both state and federal laws, ongoing public education efforts, and funding to support community-based and institution based programs and services.

In 1982, recommendations of the federal Task Force on Victims of Crime provided the foundation for the Victims of Crime Act (VOCA), passed 2 years later. This act provided funding to qualified victim assistance programs and for state crime victim compensation programs. Congress amended the Victims of Crime Act in 1988 to establish the Office for Victims of Crime located in the U.S. Department of Justice. This office administers the grant programs, provides training and technical assistance to local and state programs, and sponsors an annual Crime Victims’ Rights Week and Crime Victim Academies for advocate training.

In 1994, the Violence Against Women Act (VAWA) was passed (and reauthorized in 2000 and 2006), providing federal funding for shelters for battered women, sexual assault programs, and a variety of other measures to combat violence against women. Other accomplishments include victim-witness notification systems at federal, state, and local levels; funding for programs in Indian country and for special populations such as elders and persons with disabilities; hate crime and ant stalking legislation; campus sexual assault reporting requirements; sex offender registries; and community mobilization programs via Megan’s Law.

All 50 states have passed legislation establishing victim rights, and 33 states have passed constitutional amendments requiring the provision of certain services to crime victims. Although the rights of crime victims may differ from state to state, there are four basic types of rights: (1) the right to notification of various aspects of the stages of criminal justice proceedings, including arrest, prosecution, parole, and release; (2) the right to be present at the trial; (3) the right to be heard through victim impact statements and when bail is being set; and (4) the right to restitution from the offender and to compensation for expenses incurred as a result of the crime.

Controversial Issues

One of the most controversial issues is an attempt to pass a federal victim rights constitutional amendment. Proponents of a constitutional amendment argue that persons charged with a crime have federally protected constitutional rights, while victims have rights protected by individual states. As federal law supersedes state law, they argue that federal constitutional rights are needed to establish parity between the rights of the victim and the rights of the accused. However, the National Clearinghouse for the Defense of Battered Women and other groups oppose this constitutional amendment. An unintended consequence of fighting back in self-defense is the arrest of abused women. Abusive partners may use their special status as “victims” to further manipulate the system to keep women in jail and from their children. Groups who oppose the proposed constitutional amendment believe the state level initiatives are better suited to address the complexity of problems that result from a lack of parity between the rights of victims and the accused.

Another controversial issue facing the victims’ right movement is the death penalty. While victim rights organizations have often advocated for increased penalties for crimes against persons, support for the death penalty is not universal. Although the families of some homicide victims support the death penalty, others, including the group Murder Victims’ Families for Reconciliation, actively oppose the death penalty. Families opposed to the death penalty have complained that prosecutors do not actively involve them in the murder trials and especially in the penalty phase when a successful conviction has been won.

Future Directions

The victims’ rights movement is faced with myriad challenges influencing its future directions. These challenges include differential responses to victims by the criminal justice system with regard to race and ethnicity, age, socioeconomic status, gender, sexual orientation, citizenship status, and (dis)ability. There is also a lack of consistency across local, state, and federal jurisdictions with respect to implementing victims’ rights. Some believe that one way to address this lack of consistency is to develop standards for victim assistance programs. Although research has focused on the mental health trauma associated with violent crime, research into pathways to resiliency for crime victims has received less attention. More research exploring linkages between mental health outcomes and victim rights is also needed.

Bibliography:

  • Walker, S. D., & Kilpatrick, D. G. (2002). Chapter 1: Scope of crime/historical review of the victims’ rights discipline. In A. Seymour, M. Murray, J. Sigmon, M. Hook, C. Edmunds, M. Gaboury, et al. (Eds.), National Victim Assistance Academy textbook. Victims’ Assistance Legal Organization. Retrieved from https://www.ncjrs.gov/ovc_archives/nvaa2001/chapter1.html
  • Young, M., & Stein, J. (2004). The history of the crime victims’ movement in the United States: A component of the Office for Victims of Crime Oral History Project. Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Retrieved from https://www.ncjrs.gov/ovc_archives/ncvrw/2005/pdf/historyofcrime.pdf

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Essay on Crime

Students are often asked to write an essay on Crime in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

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100 Words Essay on Crime

Understanding crime.

Crime refers to acts that violate the law. They are considered harmful and punishable by a governing authority. Crimes can range from theft to murder.

Types of Crimes

There are various types of crimes. Violent crimes include actions like assault, while theft falls under property crimes. White-collar crimes involve fraud or embezzlement.

Consequences of Crime

Crimes have severe consequences. They can lead to imprisonment, fines, or even death penalties. Moreover, they harm communities and individuals, causing fear and damage.

Preventing Crime

Preventing crime involves law enforcement, education, and community programs. Everyone can contribute to a safer society by obeying laws and reporting suspicious activities.

Also check:

  • Paragraph on Crime
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250 Words Essay on Crime

Introduction.

Crime, a pervasive aspect of society, is an act that violates a law and is punishable by the state. It disruptively breaches societal norms, creating a sense of insecurity and fear. This essay delves into the nature of crime, its causes, and the role of law enforcement.

The Nature of Crime

Crime is a complex phenomenon, varying across cultures and societies. It ranges from minor offences like theft to severe ones like homicide. The nature of crime reflects societal values, as what is considered criminal is determined by the prevailing legal and moral code.

Causes of Crime

The causes of crime are multifaceted, involving biological, psychological, and sociological factors. Biological theories suggest genetic predispositions towards criminal behaviour. Psychological theories focus on the individual’s mental processes and their interaction with the environment. Sociological theories, on the other hand, emphasize societal structures and inequalities as major crime contributors.

Law Enforcement and Crime

Law enforcement agencies play a crucial role in maintaining order, preventing crime, and ensuring justice. They function as a deterrent, keeping potential criminals in check. However, their effectiveness is contingent upon their ability to adapt to evolving criminal tactics.

In conclusion, crime is a societal issue with deep roots in individual and social structures. Understanding its nature and causes is key to formulating effective strategies for prevention and control. As society evolves, so too must our approach to understanding and combating crime.

500 Words Essay on Crime

Crime, a social and legal concept, has been a part of human society since its inception. It refers to the actions that violate the norms and laws of a society, leading to harm or potential harm to individuals or the community. The study of crime, its causes, effects, and prevention, is a crucial aspect of sociology, psychology, and criminology.

Crime is a complex phenomenon, varying across societies and times. It is not static but evolves with societal norms and legal frameworks. What may be considered a crime in one society may not be in another, and similarly, what was a crime in the past might not be so today. For instance, homosexuality was once criminalized in many societies, but it is now widely accepted and decriminalized.

Types of Crime

Crimes are generally categorized into personal crimes, property crimes, inchoate crimes, statutory crimes, and financial crimes. Personal crimes involve direct harm or threat to an individual, such as assault or robbery. Property crimes involve interfering with another person’s property, like burglary or theft. Inchoate crimes are those that were started but not completed, while statutory crimes are violations of specific statutes. Financial crimes, such as fraud or embezzlement, involve the illegal conversion of property ownership.

The causes of crime are multifaceted, often interwoven with societal, psychological, and economic factors. Poverty, lack of education, substance abuse, and family violence are some common societal factors leading to crime. Psychological factors include personality disorders, low self-control, and aggression. Economic factors, such as unemployment or income inequality, also contribute significantly to crime rates.

Effects of Crime

Crime affects society in numerous ways, from creating fear and insecurity to damaging social cohesion. It impacts the economy by diverting resources towards law enforcement and away from other sectors. On an individual level, crime can lead to physical harm, psychological trauma, and financial loss.

Crime prevention strategies are as diverse as the causes of crime. They include social strategies, such as improving education and employment opportunities, and legal strategies, such as effective law enforcement and fair judicial systems. Psychological interventions, like counseling and therapy, can also play a significant role in crime prevention.

Understanding crime is essential to creating a safe and harmonious society. By examining its nature, types, causes, effects, and prevention, we can develop effective strategies to reduce crime rates and mitigate its impact on individuals and communities. It is a collective responsibility that requires the concerted efforts of individuals, communities, and governments.

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Victims of Crime - Essay Example

Victims of Crime

  • Subject: Law
  • Type: Essay
  • Level: Masters
  • Pages: 3 (750 words)
  • Downloads: 4
  • Author: ashleekoss

Extract of sample "Victims of Crime"

Therefore, those dealing with such victims ought to interact with them in a sensitive way. At this stage, the victims try to come to terms with reality gradually. They accept the occurrence of the crime over time, and then try to live with the reality, though the process takes some struggle. Some victims deny any feelings associated with the crime, while others expressly display feelings associated with the crime, such as sadness, anger, guilt, and self pity. Some, in a bid to continue with their normal lives obsess themselves in activities that make them forget the situation.

On the other hand, some focus on finding help in institutions, such as the judicial and social systems (Wallace & Roberson, 29). Given the passage of time, the victims get to reexamine the happenings of the crime with an emotionally stable perspective. Anger towards the criminal grows, and feelings of revenge heighten as they seek to get an answer for their victimization. This can be referred to as a stage of maturity. The victim usually experiences a better balance of emotions. They develop resilient mechanisms that strengthen them to accept the past, and focus on the more important future.

Fear diminishes as they develop immunity to accept, and live with the consequences of the ordeal. Therefore, life becomes easier at this stage, and the victim attend to their daily activities in a normal way as they work on reenergizing themselves to move on, and accept what happened. This refers to the process of making it easier for a criminal to commit a criminal act. It involves an act of negligence or omission on the part of the victim, which induces the criminal to behave in an unlawful manner (Karmen, 124).

An example of victim facilitation could include; ignoring the advice of the halls administrator in a hostel to use anti janitors, given the compatibility of the various keys used in the halls of residence. Therefore, any theft that occurs in a room without an anti janitor can be

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