Introduction to the Study of Victims - Lecture Notes | CCJS 360, Study notes of Victimology

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CCJS360 – Victomology Professor Fisher Fall –‘10 Tues/Thus, 9:30-10:45am Introduction to the Study of Victims 8-31-10 Defendant-centered system :  Victim-centered system:  What is a crime victim?(they aren’t all ‘good’ people) -i.e. of victimization to a mass of people= 9/11, Holocaust, Genocide -There has to be a crime (someone who does something that’s not allowed)(knowing that another human has done that, has a great psychological effect on people) -Core principle is that someone intended to do harm toward someone else -United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power – Persons who, individually or collectively, have suffered harm.  Including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights – Through acts or omissions that are in violation of criminal laws operative within member states  Including those laws proscribing criminal abuse of power  Who is not a crime victim? – Someone who has been injured by the negligent acts of another Criminal/Defendant Why the crime occurred Appropriate punishment Protecting the rights Victim Why the crime happened Determining appropriate response to Restore victim Protecting the rights of the victim HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd Se ll Te xt bo ok s i.e. Driving drunk = reckless (against the law), But speeding then accident = negligent – Someone who has been harmed by natural disasters  Examples Types of Crime Victims: -Direct or Primary = person who is physically injured, target of crime (triggered by details of crimes)(doesn’t usually want to replay crime details) -Indirect or Secondary = people injured because of relation to direct victim, the family, the children of abusive families (more angry than Direct)(generally not present during crime, yet obsessed with crime details) -Indirect have the same psychological (same trauma) impact as the direct, it may just manifest in other ways Who is the victim? 9-2-10 -For the purposes of this class: - All alleged victims are victims of crime - In discussions, we will assume that all allegations of the victim are facts However, the allegations of the victim do not create criminal guilt on the part of any alleged offender. Who is the victim? -Case Study #1 Discussion: Menendez Brothers Two brothers, 18 and 21, barge in upon their wealthy parents as they are watching television and eating ice cream in their Beverly Hills mansion. The sons shoot their mother and father 15 times. After six months of searching for the murderers, the sons admit to committing the crime. The brothers argue that they committed the crime in self-defense, believing that after years of sexual abuse, physical abuse, and psychological abuse, their parents were preparing to kill them to keep the abuse a secret. -Who is the victim? Assuming the children were telling the truth, was the crime justified? ALL Case Study #2 Discussion: Subway Vigilante Two teenagers approach a man riding a subway and ask him for $5. Fearing that he is about to be robbed and injured, as in a previous incident, the man rises from his seat, draws an unlicensed revolver, and shoots the teens and two of their friends. He shoots the two teens in the chest, one in the side and the other in the back. Who was the victim? ALL Case Study #3 Discussion: Mary Kay Letourneau A 34-year-old married, female teacher begins a consensual sexual affair with a 14-year- old former student (Vili Falau). There is no dispute from either party that the sexual affair is HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S ll Te xt bo ok s – Assumptive world (xyz=lock doors, people in house, dog)(abc= walk strong, only go out in the day light)  Characteristics of the victim: Resilience – Resilience refers to one’s ability to return to healthy functioning after a traumatic event by drawing on their personal beliefs, behaviors, skills, and attitudes to regain their assumptive world.  Characteristics of the Victim: Assumptive World 9-23-10 – An assumptive world is a strongly held set of beliefs about the world and our place in the world that is used to recognize, plan, and act. Crime happens, but not to me, because of x, y, and z. We can control and are inherently responsible for what happens to us. If I do a, b, and c, I will never become a crime victim.  Crime shatters the assumptive world… (people will never have the same assumptive world after a crime is committed) – Personal invulnerability → Vulnerability – World is meaningful and comprehensible → Nothing makes sense – Positive view of self → I am a bad person. Good things happen to good people and bad things happen to bad people. Something bad happened to me so I must be a bad person Guest Speaker: Roberta Roper and Margery Patten, 9-28-10 Guest Speaker: Jeanine Cummins, 9-30-10 Response to Crisis and Trauma: 10-5-10 After a crime occurs, the victim immediately begins the process of psychologically processing the criminal event. There are three phases of crisis/trauma response— – Impact – Adjustment – Reorganization, Integration, & Resolution Impact Phase A victim will immediately have a psychological response to the criminal event. This response is the — (days, hours, or minutes after a situation) (human beings need safety before any other need) situational crisis reaction . Situational Crisis Reaction may include: (there is no “normal” way)(most people say they are “off-balance”) (ie. Introverted becoming extroverted)  Denial-Avoidance-Minimization (partner slaps you, you ignore and don’t acknowledge it happening)  Loss of appetite/ Overeating  Vomiting  Insomnia/Excessive sleeping HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks  Shock/Numbness (so in shock that you continue with what you were doing previously)  Crying  Hyperventilation/Inability to breathe  Self-InjuryMood swings  Guilt  Isolation/ Loneliness  Fear  Shame  Self-blame  Withdrawal from social situations/ Need to be with other people  Avoidance of sexual situations/ Hypersexuality Adjustment Phase - rather than stored into long term memory, the trauma is stored on the “desktop” (i.e. computer) and the brain will try and store in a long term) — (weeks  months after trauma) (automatic response)(appears “normal”)  The victim’s body and mind subconsciously begin to adjust, to recreate a new assumptive world. – The victim’s body and mind will begin to process the memories of what happen and systematically begin to “store” or “file” them into long term memory.  Without proper counseling, coping mechanisms, and support, this phase could last a lifetime. Flashbacks= total sensory experience of a memory (someone’s body is physically/emotionally experiencing an event) Response to Crisis and Trauma: Response to Crisis and Trauma: Trauma tic Memory (uses all five senses) Response to Crisis and Trauma: (never goes back to where it was before) (not a linear process) 10-7-10  Reorganization, Integration, and Resolution. HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks – The victim will feel as if their life is restabilized. The victim has created a new assumptive world. – Important to recognize that victims will never regain their former assumptive world. Their life will never “return to normal.” The victim’s journey must lead them to a new normal, with a healthy sense of personal invulnerability, world order, and view of self Dissociate Disorder = not knowing how you got somewhere, “auto-pilot”, cause of something you saw along the way (Cocaine is #1 drug for traumatized women) (no sleep, workout, etc)  Post-traumatic or Long-term effects – Alcohol and drug abuse – Eating disorders – Sleeping disorders – Depression – Marital/relationship conflicts – Inability to continue previous life patterns – Anxiety disorders – Suicidal ideation/attempts Disordered responses to criminal trauma— (originally discovered in combat) 10-12-10 Post-Traumatic Stress Disorder (PTSD) (needs 3 months before diagnosed) – There must be a traumatic event. – The event must be persistently re-experienced (intrusion) (memories will constantly infiltrate life) – The victim must persistently try to avoid stimuli (or triggers) associated with the traumatic event (avoidance) (staying away from person/thing similar to that of event) – The victim must display increased arousal (hypervigilance) (constantly on edge) HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks sat the hood for what seemed like an hour. I was really pissed. I was yelling at him, and struggling to get my hands free. Eventually he untied me, put a stereo wire around my neck and tried to rape me again…Then I thought to myself, well, this dirty bastard deserved to die anyway because of what he was trying to do to me. We struggled. I reached for my gun. I shot him. I scrambled to cover the shooting because I didn’t think the police would believe I killed him in self-defense.” Who is the victim?  What happened to Ailleen? – Raised by alcoholic grandparents who were physically and emotionally abusive (Grandfather possibly Aileen’s father) – Began engaging in prostitution by the time she was 11 or 12  “It is vital for this girl’s welfare that she receive counseling immediately…” – Raped at 13 by a family friend, became pregnant, and was kicked out of the house – Attempted suicide between 2 and 6 times, one time shooting herself in the abdomen – Working as a prostitute by the time she was 16  She was raped many times, gang-raped once  Based on Ailleen’s childhood and her past, why wasn’t she provided a greater level of support by victims’ rights advocates?  She was not an appealing victim… – She was angry, abrasive, and hostile – She spoke crudely and with an uneducated voice – Her crimes were not culturally feminine: “It is a frightening prospect: women erupting in violence instead of enduring violence.” (Ailleen had no support (people couldn’t relate to her) i.e. Andrea Yates (drowned her 5 kids) had tons of people coming along side of her to help) “It is hypocritical to embrace people when they are ‘victims’ and blinding declare them to be ‘predators’ and ‘criminals’ when they become perpetrators. Yet, sadly, this is what many prosecutors do. Even more disappointing is when thoughtful critics of the current system, including feminists and advocates for victims—those whose life work is devoted to social reform—do this. They, of all people, should know better.” What do you think? Victims’ Rights in the Criminal Justice System 10-14-10 (without a victim we do not have a criminal justice system) “Without the cooperation of victims and witnesses reporting and testifying about crime, it is impossible in a free society to hold criminals accountable. When victims come forward to provide this vital service, however, they find little protection. They discover instead that they will be treated as appendages of a system appallingly out of balance. They learn that somewhere HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks along the way the system has lost track of the simple truth that it is supposed to be fair and to protect those who obey the law while punishing those who break it.. . . The neglect of crime victims is a national disgrace.” Lois Haight Herrington ~ President’s Task Force on Victims of Crime (1982) (state has: commonwealth and defendant) Evolution of the Criminal Justice System: -Colonial Era criminal justice (informal and based on people) (on you to seek justice) -i.e. cow stolen, so you go out looking for your cow. -making offender accountable to victim (repaying)(retribution) (if rape, then kill them) (rich people got more justice then poor cause they could afford to look for cow) vs. -Constitutional Era criminal justice (framers of constitution took framework and made offender accountable to state) -i.e. crime committed today is against society/state because you broke their laws “The victim’s passionate indignation is commonly viewed as a disruptive force, disturbing the peace of the community that is called on to redress victim’s wrongs. Sympathy for the victim’s plight tends to dissipate quickly, whereas the victim’s memory is long. The victim’s unrequited demand for justice can easily become an embarrassment to the community. It is so much more convenient if the victim can only be persuaded to forgive and forget” Judith Herman (2005) ~ Justice from the Victim’s Perspective President’s Task Force: (99% of criminal justice comes from the state itself) -1982: President Ronald Reagan appoints a Task Force on Victims of Crime -Task force issued 68 recommendations that have become the framework for the advancement and development of new programs -Proposed amendment to the 6th -“The victim, in every criminal prosecution, shall have the right to be present and to be heard at all critical stages of judicial proceedings” Amendment to the US Constitution -“A victim of crime shall be treated by agents of the state with dignity, respect, and sensitivity during all phases of the criminal justice process. (Maryland Declaration of Rights, Article 47) (35 of 50 states have revised their constitutions including Maryland in 1996) (Stephanie Roper Act “Justice for all” 2004. Allows victims to be in all stages of judicial proceedings) (Victim has Due Process, notice and right to be heard) President’s Task Force: -Office for Victims of Crime (mid 1990s) (federal agency) -Victims of Crime Act (VOCA… i.e. speeding ticket on beltway goes to VOCA) -established a fund so every time offender goes to court they pay a court fee (plus fines) (split 50/50 and distributed equally among states, half goes to compensation, half to…) HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a d Se ll T xt bo ok s “The victim, in every criminal prosecution, shall have the right to be present and to be heard at all critical stages of judicial proceedings” “The victim, in every criminal prosecution, shall have the right to be present and to be heard at all critical stages of judicial proceedings” (if you don’t notify them, you better have a good reason for doing so) You cannot appreciate the victim problem if you approach it solely with your intellect. The intellect rebels. The important proposals here will not be clear unless you first confront the human reality of victimization. Few are willing to do so. Unless you are, however, you will not be able to understand. During our hearings we were told by one eloquent witness, “It is hard not to turn away from victims. Their pain is discomforting; their anger is sometimes embarassing; their mutilations are upsetting.” Victims are vital reminders of our own vulnerability. But one cannot turn away… You must know what it is to have your life wrenched and broken, to realize that you will never really be the same. Then you must experience what is means to survive, only to be blamed and used and ignored by those you thought were there to help you. Only when you are willing to confront all these things will you understand what victimization means. The beginning of due process… What is due process? -What is due process? -notice and a right to be heard -a right so fundamental that, for the state to take that right away, the state must demonstrate a compelling state interest Core Rights of Crime Victims (six core rights… which make sure criminal justice is providing due process) -Information and Referrals -Notification -Attendance -Participation -Financial Reimbursement -Compensation -Restitution HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks 2) third party liability – entity or person that has responsibility to protect or warn a person and that person was injured (i.e. against school for crimes occurring in that school, or Catholic church things… priests molesting children)(based on theory of negligence) (victim controls this case (unlike criminal cases) (still get verdict of liability and allowed to question offender) Clearly Act: notify victims or potential victims of crime If victim cooperates with criminal justice system, state has duty to protect them: -common for victims to be intimated -state has to have victims concerns heard (bail hearing and parole) -protection means victim has to be taken apart of every part of the case How our 6 core rights are implement: 1) first access to criminal justice system = police (victims need to report the crime) (immediate disconnect cause victims wants police to fix problems but police are taught to be disconnect and they aren’t handy men) Another concept: -concept/practice of police unfounding: police are supposed to unfound a certain number of cases (they haven’t been given enough information to make them want to pursue this case) (doesn’t mean they don’t believe a crime has been committed) (don’t want you to arrest suspect unless your gonna get a conviction) 2) law enforcement needs to provide information to family/victim 3) prosecution of case: 3 general options (many cases interest of prosecutor and victim meet) (prosecutor is most powerful player in the modern criminal justice system) 1) dismiss – don’t prosecute 2) plea agreement (97% of all cases are resolved by plea)(negotiate agreement between state and defendant regarding the case) 3) take case to trial (needs to weigh whether they have good victims or witness (no matter how great the evidence is) 2 Types of plea agreements: -Alford plea – defendant (agree to sentence but not to the conviction) says “I know you have enough evidence to convict me, so I plead no contest” -ABA plea – once struck cannot vacate it. Defendant handed over significant resources to state (i.e. Aaron Hollandsowrth (i.e. 30 years for giving information instead of life) Plea agreements aren’t all bad for victims: -quicker -secures conviction Drawbacks: HTTP://NOTES.BOOKHOLDERS.COM B kH ol de rs .c om Bu y a d Se ll Te xt bo ok s -can be offensive (i.e. rape  2nd -takes away victims chance of having facts aired degree assault) -Plea is most common option for prosecutor -trial is least common option for prosecutor -some evidence is not allowed, i.e. “previous offender’s bad acts” -prosecutor is the primary source of protection for the victim (needs victim cooperation and survival) (witness protection act goes through prosecution) Protection: -protection: Victim has the right to receive protection from the offender, the offender’s family, and the offender’s friends Certain organizations are required to protect you: college/highschool, prisons/jails, hotels/motels, planes/trains, land boarders Implementation of Victims’ Rights in the Criminal Justice System 10-19-10 Victims’ Rights and Law Enforcement -The victim needs to report the crime -Law enforcement needs to respond to and resolve the crime -evidence collection -interrogation -investigation -arrest -Law enforcement needs to provide notification and information to the victim Victims’ Rights and Prosecution: -The prosecutor needs to act on behalf of the state -Dismissal to resolve the case -Plea -Trial -The prosecutor needs to provide protection for the victim Victims’ Rights and Corrections: -There are two types of corrections – -Community corrections (77,000… offenders serving parole or probation in the community are legally incarcerated. Just in the communities) -Institutional Corrections (they are in jail, locked up, away from community) Victims’ Rights and Corrections: (victim has right to be notified, also of the offenders terms and conditions (victim can state what they want) (it is public information) (any violation can cause offender to go right to prison) HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks -Trends in corrections: -Victim Impact Panels -non-interactive, not facilitated program, where victim comes to person/group to tell of impact on them (common in prisons and jails)(offender doesn’t need to give consent) -Victim-Offender mediation -a facilitated interactive process between victim and offender where victim asks questions and offender answers (offender has to give consent) (not recommend in intimate partner DV or sexual assault) (what was describe as Jessica Harris) -Son of Sam Laws -(David Berkowitx serial killer in New York, signed letters of Son of Sam)(in prison painted pictures of clowns, made lots of money) gets at the money from ^, captures % of offenders money and goes back to the victim’s family Enforcing Compliance with Victims’ Rights Enforcing compliance -Victim Representation - victim obtains independent counsel for related and collateral proceedings (gets lawyer to sue in civil court) (next to criminal justice proceeding, but not in it) -Victim Litigation - victim secures counsel within the criminal justice system (victim intends to assert certain rights, so victim has prosecutor and another lawyer making sure victim’s rights are secured)(Proactive**) -Administrative compliance -most states have system set up to investigate prosecutors denial of your rights (Reactive**… solution)(tattle-telling on prosecutor) Application of victims’ rights: Megan was raped on Friday evening by Jason. On Saturday morning, Megan reported to the Health Center to receive emergency contraception. After speaking with the Health Center staff, Megan decided to report the crime to the police and allow evidence to be collected. The UM police were called and sent a detective to the Health Center to interview Megan. The police interviewed her and then took her to the Prince George’s County Sexual Assault Center for evidence collection. The exam revealed that sexual intercourse did take place, that minimal vaginal trauma did result, and that there was no external bodily bruising. While Megan was at the Sexual Assault Center, the UM police reported to Jason’s house to question him. Although he admitted to having sex with Megan, he denied that the sex was not consensual. Jason agreed to submit to a male sexual assault exam. The exam revealed that sexual intercourse did take place but was inconclusive as to the issues of consent and force. Three weeks later, after thoroughly questioning Jason’s friends and Megan’s friends, the police arrested Jason and filed an application for a statement of charges at the District Court Commissioner’s office. The District Court Commissioner issued a statement of charges and sent the case to the Prince George’s County Sex Crimes Unit for review and prosecution. HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S ll Te xt bo ok s -Can the community be counted on in all crimes? -Power imbalances in gendered crime tend to make restorative justice not an option for those populations -Painful and emotional process for the victim -Is this justice-lite? -Is it better as a parallel process? Children as Victims 10-21-10 History of Advocacy for Child Victims: -Missing, Exploited and Abused Children’s Movement -1974: Child Abuse Prevention and Treatment Act -passed by Congress in 1974 (defined child abuse and neglect) -largely an effort of doctors (emergency room) (particularly orthopedic) -up until 1974 no child abuse laws -child abuse = physical injure or harm to a child -1978: ABA Center for Children and the Law -established children as a subspecialty within the legal process -now there will be lawyers trained in this area -1984: Missing Children’s Assistance Act -largest legislation passed for kids -John Walsh’s son Adam Walsh was abducted -reformed deferral policy and procedure for child recover -no waiting period (mandated)… instead of waiting 48hrs, immediate (cause 48 hours found to be most critical) (NCMEC) -established National Center for Missing and Exploiting Children (does main work, not FBI) -1990: Victims of Child Abuse Act -sought to reform court system as relate with children -provides for Gaurdian ad litum -attorney for child -provides funding for CASA (Court appointed special advocates) -makes it so child doesn’t testify with offender in room -1990s: Homicide by Abuse -different from state to state -allows prosecutors to change 1st (if they can establish pattern of abuse) degree (needs intent to kill) murder when afflicted by child abuse (very rarely does parent “intend” to kill child) Child Abuse: Neglect, Physical Abuse, Sexual Abuse (children are treated the best in the criminal justice system)(system/rule set up for children are best)(children are most sympathetic* so better time, … NOT true for 12-18 year old female children though, when talking about sexual crimes, treated like an adult) Child Abuse: caretaker or guardian as offender (term of ‘art’), usually pattern too HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a d Se ll Te xt bo ok s Child Neglect: -Child neglect is the failure to provide care for a child for whom you have a responsibility of care -Abandonment: leaving child -Inadequate supervision: failing to provide supervision (more with alcohol and drugs) -Failure to provide adequate medical care: incredibly complicated cause not everyone has money to provide care, also some types of religions disallow medical care -DoNoA : emotional abuse, failure to provide baseline of N and A Physical abuse of a child: -Physical abuse is defined as any assault or false imprisonment of a child by a caregiver -Punching -Kicking -Shaking -Burning -Extended confinement -Shaken Baby Syndrome Sexual abuse of a child: -Sexual abuse of a child is any sexual relations with a child by a caregiver (parent, teacher, babysitter, etc.)(any -incest sexual act)(a child can never consent to a sexual act): -fondling -oral, vaginal, or anal sex -rape -commercial exploitation (prostitution, pornography) (age of consent is 18. MD has Romeo and Juliet law… age of consent is 16, if under 14 can have sex with 14,15,16,17) Crimes Against Children Not Involving a Caretaker: Kidnapping, Child Sexual Assault Kidnapping: -Long-term abduction of children by non-family member (least common but most attention, (keeping or selling child to black market) -child taken usually by unknown person away from person -intent: keep child or sell child or human trafficking. -Short-term abductions by non-family member -intent: purpose of sexual assault and killing (family member or not) -most common (no intention of keeping child) -75% of these victims are girls 12 years and older (16?) -Long-term abduction by family members (should have custody agreement t0 help prevent) -kidnapping when legal, non-custodial parent takes child (dad picks up kid for weekend and doesn’t return) -parent feels like they deserve the child or getting back at them -parent feels child is being abused by other parent Child Sexual Assault: HTTP://NOTES.BOOKHOLDERS.COM Bo ok H ld er s.c om Bu y a nd S el l T ex tb oo ks -Child sexual assault is any sexual activity with a child by person not a caregiver to the child -any sexual act -consensual or non-consensual (was cooperative or foreseeable) -with a child -by some who is not a caretaker Psychological Impact of Child Victimization (more traumatizing in under age of 25)(more traumatizing if perpetrator is caregiver)(children very rarely openly discuss their abuse) -Guilt -Shame -Anxiety -Fear -Depression -Anger -Low-Self Esteem -Helplessness -Need to please -Loss of Appetite -Sleep disruptions -Bed wetting -Shortened attention span -Trouble concentrating -Hostile-aggressive behavior -Tantrums (kids are not normally aggressive) - -Withdrawal Delinquency -Self-injury - (**number 1 way child ages of 10-14 will show abuse)(top three are: cutting, pulling out hair, and burning) Age-inappropriate sexual knowledge, talk, and involvement Psychological Impact of Child Victimization: -Stockholm Syndrome (Sweden, 1973, bank robbery, people held 6 days, when out they “loved” captors)(victim emotionally bonds with captor to help coop/survive situation) -Perceived - threat to survival Belief -Perception of small kindnesses from the captor (and hold onto them, i.e. food) that the captor is willing and able to act on the threat -Isolation of perspectives other than those of the captors -Perceived (many times the victims are left alone) inability to escape (have to have to diagnose) -Long-term Effects of Victimization -Battered Child Syndrome -child so accustomed to violence that they always believe they’re in danger and may strike at any time without immediate danger -Personality disorders -bipolar, pscsophrenia, depression, parsositic. -Disassociative Identity Disorder -occurs very rarely, and usually when a person is severely abused preverbal (age 3). What happens is child’s personality fractures and they create another person and become that person when abuse states (can be many, people, animals) -System Response to Child Victims: -Children’s Advocacy Centers -multiple disciplinary team, set up to investigate child abuse HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks -Victims are interchangeable ** (i.e. James Burr Jr wasn’t attacked because he was James Burr, but that he was black)(one is not different to the other) -Immutable characteristics (cannot be changed) (can be disputed because you can change religion for example) -Secondary victims extend into the entire community (sends message to those alike that “there is a war on us”) -Level of brutality is extreme or excessive -Offenders often act as part of a group (very rarely is it one person attacking another) -Legislation on hate crimes: Responses of the Criminal Justice System -Hate Crimes Sentencing Enhancement Act of 1994 -Bill Clinton -1st -Does piece of legislation signed into federal law not -Hate Crimes Prevention Act of 1999 create a separate crime for hate crime, but it allows you to be sentenced more harshly if the crime is based on hate (group that you targeted must be protected by the act: i.e. religion)(not all jurisdictions protect sexual orientation as a class through) -hate crimes are now federal rights violation act (only if those people are protected by that statute)(14th -Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (October 28, 2009) Amendment)(so federal is allowed to punish for crimes that are in different religion) -Protection for sexual orientation (gender, gender identity, disability) on a federal level -Requires FBI to track crimes -no state before had protected gender Controversies in hate crimes: (we do not want to be treated differently based on race, gender, religion, etc in our country) (crimes against women are not hate crimes) -if you committed a hate crime it is worse -Why do we distinguish between hate and non-bias crimes? (because you are not just killing a person, but you are sending a message) -Free speech -you cannot in this country tell someone how to think… the problem comes when you state acting on your speech, you cannot do it)(you many think/complain/march your thoughts but you cannot act on them) -Moral decision -example: hate crimes against women -Proving a hate crime -very difficult to prove (not as hard with religion/burning a cross) but is for example sexual orientation -the day a crime is committed is important (is it a particular holiday?) -past behavioral problems -words or phrases you used Terrorism: (hate crimes = bias… terrorism = political) HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks -Unlawful use of force against people or property intended to coerce or intimidate a government or segment of the public to surrender to a social or political objective What is terrorism? (very big hate crime in a lot of circumstances)(not number of casualties, but objective) (for terrorism, there’s a particular objective: party you are attacking to change) -Victims often have little or no connection to the motives of the terrorist groups Characteristics of Terrorism: -Phases of Recovery: (usually victims have little to no connection to the motives of the terrorist groups) (mass attention is brought when there is a terrorist act) -Heroic Phase = sense of peace with victims death because you are associated with them (i.e. Flight 196 guy “let’s roll” who helped on 9/11 to take down on of the places… wife wasn’t sorrowful because husband died an American Hero)(has profound effect on how they recover) -Honeymoon Phase = people pampering you, etc -Disillusionment -Reconstruction Controversies of terrorism: -Should murders by terrorist groups be taken more seriously than murders caused by street crimes? (Compensation for terrorist victims is way higher than regular street victims) -Should compensation be higher for victims of terrorism than for victims of street crimes? -Should the victims of certain terrorist crimes be treated differently than victims of other terrorist crimes? -Will our government guarantee the same level of financial assistance as 9/11 victims to victims of future terrorist attacks? Homicide: 11-2-10 (all too often forgotten) Victims of Homicide: -Spontaneous Murder = someone is killed because of their immediate interaction to someone else (i.e. road rage, fight in bar) Types of homicide: -Gang-Related Murder = someone is killed because of a relationship to a street gang (33% of people involved in gang related murders are not part of a gang (mistakes identity, or initiation) -Felony Murder = someone is killed during commission of another felony (murder is not primary attempt, i.e. rape, robbery, arson, etc) (i.e. kidnap, gag them, they suffocate and die) -Serial Murder = someone who kills three or more people over a span of time (*very different from mass and spree*) (incredibly rare, smartest of all, category all by themselves… narcissistic) (*Victims chosen carefully)(victims usually have very little connection to serial killer, with the exception of a certain characteristic)(want to get caught after time because of their ego) HTTP://NOTES.BOOKHOLDERS.COM B ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks -Mass Murder = a lot of people in short time (hrs), (no concern with how to get our or cover up, they intend to die)(most victims are unrelated, but sometimes 1 or 2 victims that were targeted)(i.e. VA Tech, Columbine, Fort Hood) -Spree Murder = killing 3 or more people often a period of days or weeks (i.e. DC Snipers)(generally don’t know victims, and victims don’t have connections to each other)(usually addiction to drugs/alcohol and on binge or diagnosed with bipolar and off meds to manic) -Intimate Partner Murder = #1 killer of women between ages 25-44 -Vehicular Homicide = i.e. drunk driving Special Issues Facing Homicide Victims: -Desire to know the details. Whereas details of the crime may trigger a direct or primary victim, secondary victims often have a need to know the details (not same as direct survivors of other crimes: homicide want to know everything, other crimes don’t)(survivors often told that they cannot bring pictures into the court room)(attached to details and that those details are heard by the court) -Homicide victims are the one group of victims that we are discussing in this class where the direct or primary victim is not involved in the crime. For that reason, homicide victims are incredibly interested in making sure that the victim is included in the trial 11-9-10 -Grief Special Issues Facing Homicide Victims: -Complicated grief – prolonged period of grieving characterized by an immediate outward adjustment to world (i.e. showing up to work acting like nothing happened) OR obsessed with details of the crime (can get stuck) -Family Issues -Contested custody – (i.e. mother’s parents get kids) -Complicated family situations -Guilt -Survivor Guilt (i.e. Debra Puglisi) – very harmful, no useful properties -Mother Guilt – parents blaming themselves -Financial complications -burial (in MD ~ $13,000) – if that person was breadwinner, or if they were paying child support, shock trauma unit (~$80,000 -Media (traumatizing family) -Criminal Justice System Implications -Death penalty (takes focus off victim)(allows offender to become “victim” in society) -doesn’t let victims put homicide away in memory (not easy and not clear cut) Victims of Sexual Violence 11-11-10 -“dark figure” of crime Rape in the United States: HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks -Inability (or difficulty) to trust or commit to relationship -Codependency on abusive relationships -Sexual disorganization -Tunnel vision -Eating disorders (it’s all about power) Spiritual reaction to sexual violence: -Depends on the victim’s religion, culture, values, social norms (if not a person of faith, than doesn’t really matter) -Common spiritual/cultural reactions: -Guilt, If bad things happen to bad people, then what does this crime say about me? -Shame, The rape victim as “dirty” or “spoiled” -Forgiveness -Crisis of faith, Do I believe what I was raised to believe? Should I have believed more? -The victim will lose most of her friends Psychological impact on secondary victims: -an intimate person is the most impacted (besides the victim) -mirror image of victims response, but just quicker -victims’ friends tend to ‘disappear’ -why? Cause it scares them half to death The Law of Sexual Violence 11-18-10 -Rape is… What is rape and sexual offense? -Vaginal intercourse -Without affirmative and freely given consent or while a person is substantially incapacitated -With force or threat of force -(With an aggravating factor: more than one perpetrator, threat of death or serious bodily harm, suffocation/ strangulation) -Sexual Offense (1st or 2nd -Anal intercourse, oral intercourse, or penetration of the vagina or anus with an object degree) is… -Without affirmative and freely given consent or while a person is substantially incapacitated -With force or threat of force -(With an aggravating factor: more than one perpetrator, threat of death or serious bodily harm, suffocation/ strangulation) What is rape and Sexual Violence? HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks -Consent must be… What is consent? -Affirmative (may I borrow that? Yes AND you may… don’t have to say ‘no’, but do have to say ‘yes’ not necessarily verbal) -Freely given (not threatened) -Capacity: -Substantial incapacitation (if you don’t have it, then cannot give consent)(not intoxication, but further… a person doesn’t have substantial capacity… unable by law to consent. Physical test – take off own clothes, get to point AB by self, not vomiting all over the place. Cognitive test – who, what, when, where, why? (be able to answer)) -Drug Facilitated Sexual Assault (DFSA) -Voluntary -Involuntary -Age (in MD under 16) -Mentally defective -Physically helpless The concept of Drug-facilitated sexual assault often challenges the definition of consent. Drug-facilitated sexual assault (DFSA): -Drugs or alcohol often influence the victim’s ability to give consent. -Traditional concept of consent—Consent as the default position -Victim may have appeared “drunk” just prior to the assault so no one believes her -Lab may not be properly equipped to test for all possible drugs -Victim may not report crime in enough time to collect evidence -Victim may not be willing to submit to a drug test -Hospital/police may not immediately identify or recognize a potential DFSA or authorize testing -Victim not able to give accurate or comprehensive account of what happened; May not be able to id offender or all offenders Legal issues: -difficult for victims to prove they were drugged without their consent -victims don’t have clear memory of crime -hospital only tox. screens for top 3 drugs (roofers, GHB, K/P), not Nyquil etc -How is this different for the victim? -Recovery is very difficult because the victim often has to imagine the rape as opposed to deal with the reality -Reality is often vicious, e.g. gang rape What is force or threat of force? -Actual Force: (more than necessary or overcomes victims resistance)(i.e. hitting, struggling, holding victim down, twisting arms, covering mouth)(common law, victim had to fight to death) (third element of rape is force) HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks -Actual force means that the perpetrator used more physical force than necessary to accomplish the act of penetration, or the force was sufficient to overcome the victim’s resistance or will to resist -Threat of force: (i.e. Mike Tyson)(no particular action of actual force) -Threat of force means that actual force was not used but that there was a threat to the victim of actual force if the victim resisted. - Threat of force may be actual (verbal) or implied or inherent in a situation… -Location = where? Was victim familiar with it or the perpetrator (if perpetrator then qualifies for threat) -Aggressiveness -Size = between victim and offender -Power differential = social, political, etc -Intoxication = not substantial incapacitation, but victim is and perpetrator isn’t -Age = not if victim is below consent, but if perpetrator is a lot older than victim -Access to a weapon (most states are working toward removing force from definition of rape) The Criminal Justice System Response to Sexual Violence 11-23-10 (only 10% of people convicted of sex crimes are actually convicted. Why? Because of us, and society, rather than laws, policies and procedures in place) (rape victims have a very low level of false reporting)(CJS takes control right out of rape victim’s hands) -Reporting: Only 95,136 rapes were reported to police last year out of 683,00 – Why? -Lila’s story: I’m stopping it now. I’m not going to pursue it, Lila said. It’s too much, Lila said. I want my life back. I watched what it did to you. -Police response: Unfounding (if police unfound a rape, it doesn’t mean they think you are lying) -Which cases tend to be unfounded? -“Difficult” victims -Victims who knew their offenders -Victims who were not physically injured -But, what about Alice? Her case was unfounded -Evidence Collection (SAFE) Exam (S-sexual, A-assault, F-forensic, E-exam) (preformed by a SANE)(PERK- physical evidence recovery kit)(within 120hrs after sex assault occurs (sooner better than later)(victim doesn’t need police report to have SAFE… January 1 Evidence Collection: st -Collection of clothing , 2009-federal law)(in MD SAFE is set up by county) -External physical exam for trauma (40% have external trauma) -Collection for foreign matter present (gives DNA evidence)(usually not important cause not trying to prove sex happened, but that there wasn’t consent)(20% of perpetrators don’t leave semen on victim) -Internal exam for trauma (most important cause if not consent… the muscle contracts and there will be tearing and cuts along vaginal wall and cervix… 87% of rape cases)(no other way a women will sustain these injuries besides non-consensual sex (biological HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks -The SAFE revealed vaginal injury, vaginal bleeding, bruising on her neck, arms, and legs, and semen belonging to Kobe Bryant. An examination of his clothing revealed a small amount of her blood on his shirt as well. -What does Kobe Bryant say happen? -In the statement given by Kobe Bryant to the police officers, Kobe Bryant admitted to all facts alleged in the victim’s complaint but contended that the incident was consensual. He admitted to engaging in vaginal intercourse, holding her from the back, holding her around her neck, asking her if she wanted him to come on her face, and stopping intercourse when she said that she didn’t want him to come on her face. In contradiction to her statement, Bryant added that the victim performed oral sex on him. -If Kobe Bryant did it, why didn’t the criminal justice system prosecute? -They did… -July 4, 2003: Kobe Bryant surrendered to authorities and was arrested. -July 18, 2003: Kobe Bryant is charged with one felony count of sexual battery September 2, 2004: The victim refuses to take the stand to testify in the criminal trial against Kobe Bryant -If she wasn’t lying, why did she stop cooperating with the police? -July 24, 2003: The victim’s name was released in a national radio program, aired in over 60 markets. -September 5, 2003: Kobe Bryant’s defense issues a subpoena for all records relating to the victim that were kept as a result of the victim’s care at the local rape crisis center. -September 19, 2003: A Swiss bodyguard is arrested for offering to kill the victim. -December 11, 2003: Kobe Bryant’s defense subpoenas the victim’s mother and motions the court to disregard Colorado’s rape shield statute. Bryant’s defense claims that the victim had sex in the 18 hours between the sexual assault and the SAFE -February 24, 2004: A second man was arrested for planning and attempting to kill both the victim and the prosecutor. -March 3, 2004: The victim testifies that she did not have sex with someone between the sexual assault and the SAFE. The victim conceded to having sex with someone 2 days prior to the sexual assault. Seven of the victims friends and suspected former intimate partners were subpoenaed to testify. -April 14, 2004: The office of the Eagle County prosecutor is evacuated due to a bomb threat related to the Kobe Bryant case. -May 28, 2004: Two former boyfriends of the victim are subpoenaed to testify about their sexual relationship with the victim and to provide DNA samples. -July 26, 2004: A judge rules that the sexual history of the victim is admissible “so that the jury can determine her credibility” Why does it happen? (and) How do we stop it? 11-30-10 -Passed in 1994 as part of the Violent Crime Control and Law Enforcement Act. VAWA authorized more than $1 billion in funding for programs to combat domestic violence, sexual assault, and stalking Violence Against Women Act (VAWA) (rape is not a mistake) HTTP://NOTES.BOOKHOLDERS.COM Bo kH ol de rs .c om Bu y a nd S ll Te xt bo ok s -Motivations of rapists: Perpetrators of sexual violence: -Entitled or Opportunistic = (most common)(believes sex is ‘owed’ to them and that everyone wants it)(person is often good looking and popular)(people that you never really believe are a rapist) -Power = (person needs to assert his authority over victim)(often disempowered in real life)(going to do what needs to be done; doesn’t want to hurt victim, but will if need be)(person usually quiet and nerdy)(victim usually known, but may or may not be) -Anger = (intent to punish victim) (force is usually excessive)(offender using victim as a symbol for someone else)(usually unknown to victim) -Sadistic = (least common)(victims usually don’t live)(intent is to inflict fear, pain and death)(keeps victim alive for several days before killing them)(victim not known, but is targeted) -Dr. Lisak’s research: 1,882 men in college (done must research for sexual violence) Perpetrators of sexual violence: Entitlement – the undetected rapist “The Undetected Rapist” -Rapists in college -Non-rapists (the majority) (most men do not commit rape, however those that do (6%) do it many times (76%) and of those 76%, 70% of them committed other violent acts as well) (5.8 rapes per person) -Single act rapists -Multiple act rapists (problem is that those who do it once, they do it again)(most of them were entitled/opportunistic) -Characteristics of the Rapist: -Identifies and targets his victims based on his need or the victim’s perceived vulnerability -Isolates the victim -Uses intimidation and instrumental violence to subdue the victim -Plans and premeditates the attack -Does not use a weapon -Has access to consensual sex -Not mentally ill -Often display narcissistic or antisocial personality traits -Do not specialize, i.e. are often batterers, child molesters, rapists -Have often committed tens of rape -Interviews revealed that: -Man feels anger, not empathy as the victim resists -Women are targets; sex is a conquest -Man minimizes the violence, recreates it as a sexual encounter rather than a violent encounter -Rapes were preceded by: -Following the victim -Gathering information about the victim -Surveillance/watching the victim -Post-Assault Contact: HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks -Threatens victim, either implicitly or explicitly -Attempts to frame the incident as something other than violence -Maintains social contact with the victim -Sexual Assault: Before assault: -Approach/engagement of the victim -Calling, texting, emailing, IM’ing -Showing up at class, apartment/house, work -Gathering information from friends, social networking sites After assault: -Calls/emails/texts/IMs the victim, acting as if nothing is wrong -Implicitly or explicitly threatens the victim… “I don’t want to cause any drama. I’m sorry that happened. Let’s just let it go.: -Attempts to reframe what happened… “Do you remember what happened last night? We were so drunk.” (Given what we know about the victim’s psychological response to sexual trauma, how might the victim frame the post-assault contacts?) Perpetrators and Prevention of sexual violence: How to prevent: -core sex offender – 1 out of 12 (cannot change them -facilitators – have same beliefs as core sex offenders and doesn’t mind helping them (never themselves going to rape though)(they support them) -Bystanders – majority believe it’s wrong but aren’t going to do anything about it 12-2-10 Relationship Violence “Abuse is not a slap, a punch, or a curse. Abuse is a campaign. A vigorous, concerted effort to accomplish a purpose.” (it’s dangerous and often lethal)(it spans across race, class, age, etc… it’s not bias) (most under reported and under recognized problem) Domestic and Relationship Violence in the United States: -1 in 3 women will be in an abusive relationship in her lifetime… Yet, there are 3 times as many animal shelters in the United States as there are shelters for battered women. HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd Se ll Te xt bo ok s (1 in 4 victims report use of technology to stalk) -40% of victims went to the police… of those victims: -about 20% had no police action taken -about 8% of police asked the victim to collect evidence -about 9% of police actually arrest the offender -about 55% of police only took a report of the incident -While not all stalking cases are related to relationship violence, stalking cases that are related to a violent relationship tend to be more lethal: -More likely to physically approach victim -More insulting, interfering and threatening -More likely to use weapons -Behaviors more likely to escalate quickly -More likely to reoffend 12-7-10 -76% of females murdered by their intimate partners had been stalked by that offender at least once in the year prior to the murder Lethality of Stalking: -85% of female attempted homicide victims where the offender was a current or former intimate partner were stalked by that offender at least once prior to the attempted murder -67% of females murdered by their intimate partner had been physically abused by that person in the 12 months prior to the murder. -89% of those same victims (the 67%) had also been stalked in the 12 months prior to the murder. (videos of Peggy Klinke… was stalked. She documented all of the interactions; contacted police constantly, even moved and changed names many times. Her stalker ended up killing her) -Emotional Abuse: Elements of Power and Control -unpredictable and angry behavior -name calling HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks -intense jealousy -humiliation -making her feel guilty -Isolation: -Process by which one party shuts off the other party from other outside influences and support (The key component to maintain an abusive relationship!) (Huge reason is they have nowhere else to go… and abuser isolates them quickly) -Happens in two ways: 1) Abusive partner isolates abused party from family/friends 2) Abused party doesn’t confide in friends because friends have stated their opinions of hatred toward their intimate partner (i.e. “he’s a jerk” …“but, you don’t know him”) -Minimizing, Denying, Blaming: -convincing the person that the incident didn’t happen -telling her that the incident wasn’t as bad as she remembers -telling her that the incident was her fault -accusing her of being overdramatic (if you are told something enough times, you start to believe it) -Children -wanting to keep the family together for the children -fearing losing the children -fearing abuse of the children Reasons: 1) cultural (might be seen as negative to ‘break-up’ home 2) abused party often believes abuse will transfer to children -Family Pressure: -want to keep the relationship together because the family likes the partner (your family loves -fear of “failing” in front of the family your partner) -Male Privilege: -the use of traditional sex roles to create a relationship of imbalance, i.e. one party does all the housework, doesn’t work outside the home (keeping mother tethered to home) -Economic Abuse: -the use of finances to control the actions of the party, i.e. one party controls all the money (makes a person dependent and also ‘obligated’) (if not economic abuse, then usually social pressure) HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks -Social Pressure: -feeling a need to keep the relationship together because of social networks, i.e. your friends are friends with the other party’s friends Power and Control v. Equality (violence occurs in a cycle (a pattern, not just isolated events)) -Battered women will leave and return five-eight times, on average before leaving for good. Maintained by a pattern of coercive and controlling tactics -Honeymoon  Tension building  Acute Crisis/Battering … then repeat (the longer the length of a relationship, the higher the lethality rate) (every time that person leaves, lethality goes up; and the last time they leave lethality is the highest) (abuse can show a lot of control… but it’s not always about anger) (honeymoon phase is what the abused party will remember… ‘the good ‘ole days’) Tension building: -in healthy: dissipates through negotiation, give-and-take -in abuse: explodes, name calling, property damage, increase ‘stalking’, emotion/physical abuse (as soon as explosion happens, everything goes back to honeymoon phase) (the longer the relationship continues, the faster and more dangerous each acute phase becomes) Cortney’s example of Amy and Brad’s relationship: abuse or not? -Brad and Amy began dating in October of their freshman year in college. Everything was going really well. They lived in neighboring dorms and had many of the same interests. By the end of Power and Control Coercion and Threats Intimidation Emotional Abuse Isolation Minimizing, Denying, Blaming Children Male Privilege Economic Abuse Equality Negotiation And Fairness Non- threatening Behavior Respect Trust and Support Honesty and Accountability Responsible Parenting Shared Responsibility Economic Partnership HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T ex tb oo ks -Financial dependence -Lack of confidence Fast forward 5 years. Brad and Amy both graduated from college and, two years ago they got married. About 8 months ago, they had their first child. Over the last 5 years, their relationship has been much the same as it was when we last left them—periods of happiness and contentment, followed by periods of tension and, ultimately, a period of crisis. Although there were several broken cell phones, punched walls, and instances of angry name-calling, Brad had never pushed or hit Amy. Escalating Violence: The Role of the Criminal Justice System Last night, however, both Brad and Amy came home from work after a really bad day. Their baby has been sick and, as a result, has been crying constantly. During a nasty argument over who was and should be taking care of the baby at night, Brad grabbed and twisted Amy’s wrist and pushed her up against the wall, screaming at her and threatening to leave. Fearing for her personal safety, Amy called 911. -Why did Amy call 911? -What are the police going to do when they get there? -Mandatory arrest -What is the prosecution going to do? -No-drop -Spousal privilege Brad a probation before judgment, contingent on his entering a batterer’s intervention program. He apologized several times to Amy and to the court for what happened, completed his program, and resumed his life with Amy. For about a year, everything was fine in their relationship. Brad and Amy had another child. Amy believed that things were better. However, about 4 months after their second child was born, tension started to build up again. Brad and Amy were fighting pretty regularly and the fights would often end with some broken or damaged property. None of it was something that Amy wanted to call the police about—the first experience was emotional and embarrassing. Something was different this time though. Amy sensed that Brad was staying angrier than he usually did after their fights. She was scared of being hurt physically—maybe worse than a sprained wrist and bruises. She was afraid that the kids would get hurt or would see the fight. Understanding the cycle that was typical in her relationship now, Amy took the kids to her parents’ house and, when Brad came home from work, provoked a fight with him. The fight became pretty violent, with Brad hitting Amy several times and Amy hitting back and throwing things at him. The neighbors called the police. -What do the police do now? -Who is the aggressor? -Retaliatory violence -Why would she start this fight? -Battered Woman’s Syndrome -Most states have mandatory arrests: which requires a police officer to arrest on site when there is probable cause that an illegal action has taken place (but it takes control away from the victim) -A restraining order is a Peace and Protection (Civil orders, not criminal) order in MD, need clear and convincing evidence (80%), most states need preponderance (51%) HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el l T xt bo ok s -Peace and Protection are effective at helping to prosecute the offender, not effective at protecting the victim (it’s just a piece of paper) -if a person has firearms, they are required to turn them over -if officer then they need to turn over badge -value of peace and protection is that it creates a criminal charge out of any contract (recidivism goes down after arrest)(arresting is most useful way to reduce future crime) -Prosecution -No-drop = A no-drop prosecution policy requires the prosecutor to continue with the prosecution of an offender if there is sufficient and independent evidence of the abuse or violence, regardless of the victim's stated wishes or cooperation with the case. : -Spousal privilege: when people are married they have a privilege that can prevent a spouse from testifying against their spouse, but can only be used one time (i.e. Brad can say “Amy can’t say that”) -Retaliatory violence (not to get back, but trying to gain control) -Battered Woman’s Syndrome (not Amy!) (can be used as affirmative defense in court if proven) -based on psychological theory of learned helplessness (Lenore Walker 1984) -abused party have learned to identify all sorts of signals and signs that they’re in danger -their life is lived in state of legally “present danger”, they live in real fear that they can be killed at any time -State v. Stuart (she was abused severely, left husband and went to hospital, 3 days later released her to care of husband, she shot her husband while he slept) -Mood changes Signs of an Abusive Relationship -Missed appointments and work -Frequently fleeing home -***Difficulty making decisions -Protecting abuser -Pregnant with injury -Withdrawal -***Isolation from friends and family (tell tale sign) -Looking to partner to give answers -Changes in dress -Concern about children’s welfare -Delaying treatment of injuries -Signs of anxiety, depression, suicide -Onset of alcohol or drug abuse -Reports of abuse by close friend -Flashbacks, nightmares Long-term effects of domestic violence: -Constantly seeking faults in yourself -PTSD/Other anxiety disorders -Need for autonomy, refusal to get married -Repeat of pattern FINAL EXAM, December 14th 2010 HTTP://NOTES.BOOKHOLDERS.COM Bo ok Ho ld er s.c om Bu y a nd S el T ex tb oo ks