PTV-Ch. 1.pdf

Chapter 1 Historical Overview of Victimology and st 21 Century Challenges Objectives After reading this chapter, you will be able to: • understand the context of the historical evolution of victimology, • discuss the impact of social movements on the development of victimology, and • describe t...

Chapter 1 Historical Overview of Victimology and st 21 Century Challenges Objectives After reading this chapter, you will be able to: • understand the context of the historical evolution of victimology, • discuss the impact of social movements on the development of victimology, and • describe the major federal responses to victims since the crime victims’ rights movement. History of Victimology Crime victimization has been a part of society since the beginning of time. Yet, for centuries, society and the criminal justice system virtually ignored the existence of crime victims. Crime victims were first referenced in a philosophical essay by Cesare Beccaria, On Crimes and Punishment, published in 1764. Following Beccaria’s essay, early philosophers and criminologists wrote about the “culpability of the victim” and focused on the role they played in criminal events. Specifically, when these early writings mentioned victims, the emphasis was on victim blaming; in effect, holding them responsible for their own victimization. Thus, crime victims were not portrayed as individuals worthy of empathy and compassion, but as possible partners or contributors to their offender’s behavior. 1 Benjamin Mendelsohn (1900– The first publication that specifically details crime 1998) lived to see the field of victimology mature victimization was Edwin Sutherland’s Principles of through the 1990s. He regularly attended the Criminology textbook, in which he devoted an entire chapter International Symposia on Victimology, and at the on victims (Sutherland, 1924). Sutherland’s work shifted 1979 Symposia he witnessed the formation of attention for the first time toward the study of crime victims. the World Society of Victimology (WSV). In Yet, it wasn’t until the 1930s and 1940s that researchers 1981 he was honored at the WSV meetings with the began to devote considerable focus on studying crime Hans von Hentig Award. Today the WSV, in honor victims, which ultimately laid the foundation for a new field of the pioneer, presents the Benjamin Mendelsohn of study to emerge called Victimology. Young Scholar Award of victimology to individuals One of the first scholars was a German criminologist, Hans who have had made promising contributions to von Hentig. His earliest work explored the victim and victimology. criminal interactions (1941), and he then later published a book on the relationship between the criminal offender and the victim titled The Criminal and his Victim: Studies in the Sociobiology of Crime (1947). Von Hentig’s work laid the groundwork for academic research in the study of victims of crime, which other scholars soon began to build on. The most influential of these wasBenjamin Mendelsohn. Mendelsohn, a French lawyer, published in law journals throughout his career; his first substantive publication on crime victims focused on the rapist and his victim was published in 1937. As an attorney, he encountered victims daily in the courtroom, and believed that there were recognizable personality patterns found in most victims that, he came to believe, contributed to their victimization. Much of Mendelsohn’s early work focused on the victim and offender relationship, and eventually led him to create victim typologies. These typologies described the varying circumstances leading up to a criminal 2 event, the relationship between the victim and the offender, and the actual type of crime itself. Mendelsohn first used the term “victimology” in 1947 in one of his law articles. However, it wasn’t until nearly a decade later when he formally proposed the concept of victimology as a new “science of victims” in his publication titled A New Branch of BioPsycho-Social Science, Victimology (Mendelsohn, 1956). The social movements of the 1960s and 1970s influenced much of Mendelsohn’s later scholarship which lay out a blueprint for developing the science of victimology and detailed the organizational steps necessary for victimology to emerge into a respectable field of science to better understand victims (Mendelsohn, 1976). Given his role in the advancement of victimology as a new field of study, Mendelsohn was subsequently regarded to be the “father of victimology.” Defining Victimology Victimology is a science of the study of the causes of criminal victimization. It studies data that describes phenomena and causal relationships related to victimization. This includes events leading to the victimization, the victim’s experience, its aftermath, and the actions taken by society in response to these victimizations. A victimologist is someone who studies the causes of victimization. Contemporary victimologists are often defined as specialists focusing on a specific category of victimization such as interpersonal violence, child victimization, homicide, sexual assault, street violence, human trafficking, immigrant victimization, cyber-victimization, etc. Some of the more popular typologies of victimization are those that examine lifestyle and routine activities that increase the likelihood of risk. 3 However, it was not for another twenty years after Mendelsohn’s introduction of the field of victimology that scholars began to concentrate on the impact of victimization. While the early concept of victimology focused on the victim’s actions and behavior on their victimization experience, a new theoretical paradigm—cultivated by the social movements of the 1960s and 1970s—shifted researchers focus towards the plight of victims. One of the most significant factors to help shift the paradigm was the institutionalization of the National Crime Victim Survey (NCVS) database in 1972. The principle goals of the NCVS data was to 1) provide more detailed information on victimrelated crime incidents, and 2) provide the field of victimology with its own victimization data source that would drive research, policy, and best practices. This data enabled researchers for the first time to measure the extent of domestic violence and other interpersonal violence in American society, and explore the socio-political response to the problem. The NCVS enabled researchers to examine the causes of victimization to be explored in an entirely new manner, and help raise awareness among the general public, as well as the criminal justice system, about the impact these crimes have on victims. Ultimately, this research helped to facilitate the development of federal initiatives and agencies, and funding to support more formal victim services for the treatment and protection of crime victims. During the 1990s, researchers continued to explore interpersonal violence, however, they expanded their focus and began to explore all categories of victimization 4 and all victim populations. Feminist criminologists, many of whom had their own personal history of victimization or who have close affiliations with victims, moved into the field of Victimology, and began to highligh specific populations of victimization, including domestic violence, sexual assault, same-sex violence, dating violence, child abuse, immigrant victimization, elder abuse, as well as other populations. Types of victimization that had been ignored in prior generations were now at the forefront of Victimology. Moreover, this era of research included a “solutions-based” focus that searched for ways to enhance support for victims, expand victim services, advance the theoretical foundations of the field, educate those in the victim services profession, promote greater community awareness and collaboration, and advocate for more resources and funding, legislation, and laws. Victimology in the twenty-first century is now a respectable stand-alone discipline with its own data, research, theories, and best practices. The field has matured as new theories are validated, and new sources of crime victimization survey data continue to inform us on the details of victimization. Most importantly, the field of Victimology continues to flourish with a rapid increase of professionals shifting their research portfolios toward crime victims and producing major contributions to the literature. 5 But it is not just today’s scholars that have helped to continue to advance the field of Victimology. A great deal of credit must be given to a small group of powerful and passionate advocates, fondly referred to as the “old buffalos,” who were some of the first advocates during the social movements in the 1960s and 1970s—often volunteers who worked with crime victims prior to when any formal services were in place. These advocates focused their attention on the type and extent of harm inflicted on the victim. These early advocates proposed legislation and contributed to the construction of numerous federal agencies established specifically to address advocacy and support, funding, and resources to victims. Many of these advocates were subsequently appointed to lead many of these agencies at the federal, state, and local level. Today, they tirelessly continue to assist and empower victims, giving them a voice and advocating for them legislatively, as well as mentoring young scholars and victim service providers to empower the next generation of professionals who will lead the charge. Social Movements’ Impact on Victimology As noted previously, Victimology as a field of study was really birthed from the social and political sentiment in the 1960s and 1970s. The social movements of this era in American history —civil rights, Black power, women’s rights, LGBT, children’s rights, and victims’ rights—began to shift scholars attention to crime victims in a more supportive way. Five major concerns emerged from these social movements that renewed the interest of scholars and the public alike to better understand and support crime victims: 6 1) the high rate of child victimization, 2) revelation of the domestic violence and sexual assault incidents, 3) anxiety over the growing crime problem, 4) limited legal and social remedies, and 5) lack of victim compensation funds. The women’s movement and the victims’ rights movement, in particular, played a siginficant role in shifting attitudes and moving the field of victimology forward. Feminists, advocates, and domestic violence and rape victims were the first organizers of victims’ rights, with platforms built around the need for restoration and healing of female victims; and, helped bring greater public awareness to victims (Koss and Harvey, 1991; NOVA, 2019; Young, 1997). The feminist movement focused a great deal on bringing attention to the interpersonal violence occurring behind closed doors, and fought for equal justice that included both gender and victim equality. The leaders of this movement challenged the traditional indifference shown toward female victims, most of whom were victims of interpersonal violence in the household, and rejected the early victimology theories that were based on “victim blaming” concepts. They also gave a voice to many of the silent victims overlooked in society (e.g., domestic violence victims, children who were maltreated by a parent/guardian, and the elderly) and fiercely advocated on their behalf. For example, more than a century prior to the start of the children’s rights movement provisions to the law were added to provide states the right to remove abused or neglected children from the guardianship of their parents. Yet, these laws were rarely used to remove an abused or neglected child; instead, states were more likely to remove an unruly child from the home. However, things began to change after the efforts of the 7 feminist movement and child advocates during the 1970s and 1980s to renew the public’s concern about the welfare of children. Ultimately, their advocacy led states to pass stronger legislation to protect children from abuse and neglect, as well as the creation of Children’s Bureaus and the addition of guardians ad litem to serve as an impartial legal advocate for the child in the courts to better protect and shelter child victims. During this same time period, the victims’ rights movement were focused on raising awareness about victims’ rights, or more accurately, the lack of rights afforded to victims in the criminal justice system. Over the next two decades, these advocates lobbied tirelessl to establish specific rights for crime victims to ensure the appropriate protection and support for all victims, and give victims access throughout the legal process. The efforts of these advocates led to the creation and passage of a litany of crime victim-related laws. While fewer than 100 such laws were passed in the early days of this movement, by 2019, over 30,000 crime victim-related laws have been enacted and every state has passed victims rights legislation. The efforts of the advocates of the victims’ rights movement also paved the way for national and state constitutional amendments. Today, 32 states and Puerto Rico have passed victims’ rights amendments to their state constitutions. Although a similar amendment was drafted for the U. S. Constitution in the 1984, it has yet to be adopted. In the early 1980s, crime victim reformers and national organizations drew further attention to the problems of interpersonal and domestic violence, highlighting common forms of female victimization in the research. This decade saw victims rights and services begin to significantly expand to better meet the specific needs of female crime victims, as well as target other victim populations, including LGBT, elderly, and undocumented 8 immigrant victims (NOVA, 2019; Young, 1997). Many victims and advocates have banded together to establish national and local support groups, and to continue to raise awareness. For example, domestic violence and sexual assault victims and their supporters joined together to create an annual “Take Back the Night” national platform to restore a sense of safety, power, and freedom; while family members of victims of drunk driving created Mothers Against Drunk Drivers (MADD) to actively lobby for legislative changes. The 1980s also saw the passage of key federal legislation on victims rights and the expansion of victims services that set the standards for the states. Including: • The development of President Ronald Reagan’s National Task Force on Victims and Crime in 1982. Its mission was to 1) increase the rights and protection of victims, 2) investigate issues and concerns associated to crime victimization, 3) raise public awareness of the plight of victims, and 4) establish new legislation to support victims. • The passage of the Victim and Witness Protection Act in 1982 to protect funding for victim-witness protection programs. In 1974, the Law Enforcement Assistance Administration (LEAA) fund was established providing over 50 million federal dollars to victim-witness programs housed in state attorneys’ offices across the country. When the LEAA funds began to dry up in the late 1970s, the Victim and Witness Protection Act was passed to ensure continued funding for these programs. • The passage of the Victims of Crime Act (VOCA) in 1984, which established the 9 Crime Victim’s Fund that is funded by fines collected through federal criminal cases, penalty assessments on convicted persons, and proceeds of all forfeitures in federeal criminal cases. These funds are then distributed via grants to states to help support victims of crime. Today, the fund balance is over $12 billion. • The establishment of the Office for Victims of Crime (OVC), the largest federal agency to support crime victims, in 1988. As part of the U.S. Department of Justice, OVC’s mission is to provide aid and promote justice for crime victims, and is responsible for the management of the Crime Victims Fund. “The criminal justice stystem has long functioned on the assumption that crime victims should behave like good Victorian children – seen but not heard. The Crime Victims’ Rights Act sought to change this by making victims independent participants in the criminal justice system.” Kenna v. District Court (2006) [435 F.3rd 1011, 9th Circuit] Many more laws and initiatives have followed in the three decades since – each of which has continued to advance the field of Victimology and expand the rights and services for all victims of crime. However, advocates, survivors, and scholars alike express there is still a great deal that needs to be done. Overview of 21st Century Challenges in Victimology and Victim Services 10 Despite all of the progress made in the field of Victimology and in victim services over the past century, we are still not yet where we need to be. Some of the challenges we face in the 21st Century include: 1) We still have limited data sources for accurately and consistently measuring the full extent of crime victimization, studying the causes of victimization, and expanding the depth of research needed to improve our understanding and response to crime victimization. 2) Very few victim service programs have been evaluated. While data may be collected anecdotally, and agencies may maintain client data, overall, we have limited knowledge of which programs attain their intended goals and objectives. Without the necessary outcome evaluation research, the field has minimal evidence on what services are a best practice. 3) Changing victim populations are also a challenge; agencies may be designed for a specific victim population, and may not have the resources needed to change their target population. 4) Competing for external funding to stay viable is an ongoing concern for most programs. The financial dependency many agencies have on external funding makes them vulnerable. Most community-based agencies are nonprofit, dependent on federal dollars via grant programs. Public victim service providers are often the lowest priority in criminal justice budgets; victim service units in police department and corrections are always in jeopardy of being cut before public safety officers are eliminated. Moreover, public funds are competitive, and agencies do not always receive ongoing funding from 11 year to year. Some grant years may be more prosperous than others, and in other years the funding source may dry up, forcing an agency to close its doors despite a continued demand to serve victims. Although VOCA and VAWA funds are both at the highest dollar amount since their inception, many smaller agencies don’t have the resources or the expertise to apply for competitive funding. Many service providers in law enforcement and corrections work alone, and they have no other staff to assist with grant writing. Hence, the search for external funding is always a source of worry for many agencies. 5) In addition to funding, agencies struggle with reaching victims; programs located in the more remote or rural areas struggle with accessibility. Agencies also struggle with being known as a resource in the community; if they don’t have a networking resource, getting the word out to victims may be difficult. 6) Also related to the more remote or rural communities is a lack of referral resources and ancillary services for victims. Most victim service providers can not provide all-inclusive services (e.g., medical, clinical, or behavioral health services), therefore they rely on referral agencies. In the more remote communities, there may be a limited source of necessary recovery services for victims. This challenge may be an issue for heavily populated communities as well, due to the limited services to support large volumes of victims. 7) Service providers working in remote or rural areas may not have a network of providers to rely on for support and sharing knowledge and expertise, and 12 professional support. Collaboration and community partnerships are essential to the successful recovery and well-being of crime victims. 8) In addition to a lack of networking, isolated service providers may not have easy access to training or professional development opportunities. 9) Victim services is a transformative field that has a substantial role in the successful recovery and safety of victims. The changes in law, policy, and practices in the criminal justice system, and the nature and scope of victimization, continuously shift the demands and redefine the role of service providers, requiring ongoing training and professional development. Limited training, university education, certification, and credentialing is still an issue in many communities. 10) A final challenge for many service providers is keeping up with the complex and multifaceted long-term recovery needs of victims. The field is frequently required to change the service modalities to ensure that the most effective resources are available. Service models may no longer fit the needs of current victim populations. Providers should listen closely to the victims they serve. Some agencies attempt to be all things to all victims, and it’s a monumental task to have resources centered in one place. The best source for reevaluating the mission, goals and practices are to hear from clients who are willing to identify their explicit needs and concerns. Agency assessments and process evaluations should be an ongoing course of action for all agencies to remain relevant and viable in a competitive and changing field. Qualitative surveys are essential to agencies that truly want to learn from their clients and provide 13 the most suitable services. To assist communities with addressing each of these challenges, the Office for Victims of Crime [OVC] is committed to “transforming Victim Services” in the 21st century through a comprehensive and systematic delivery approach; as well as, is committed to more flexible funding, filling the research gaps, and changing the way in which victims’ needs are addressed and met. Ultimately, the goal for Victimology and victim services in the 21st century is to be vigilant in creating a safe place for victims to step forward and report their victimization, promoting a more unified effort to reach all underserved populations, and ensuring safety, support, and access to recovery services for all crime victims. Overview of this book This book provides the reader with a comprehensive overview of the evolution of Victimology and victim services, detailing the major events in history that led to the development of the field of victimology, and offers insight into the changing social and political ideologies that have influenced the way crime victims are treated within the legal system as well as in the community. Landmark legislation and cases are reviewed, as well as on the many political decisions that have influenced the support and development of crime victim services. Advancements in both research and victim services are highlighted, and a candid assessment of the gaps that remain in our collective response to victims of crime help to identify the path forward to to recovery. 14 Chapter 2 provides a statistical overview of how crime victimization is measured, the challenges such measures present, and how that information is used to guide policy and practice. Our knowledge about the consequences and seriousness of victimization is dependent on the extent of reported incidents of victimization. However, many victims are reluctant to report their experiences to law enforcement. Thus, we must find alternate sources to help capture this information. One of the most important sources of information on crime victimization comes from the National Crime Victimization Survey (NCVS). It provides a more detailed view of the precipitating factors of interpersonal crime victimization; explains the victim-offender relationship; and, reveals more accurate rates of incidents, as data originates from actual victims’ reporting. However, it is not without its limitations. Thus, researchers have worked diligently to improve the quality and quantity of crime victimization data by seeking our more participants and expanding the scope of the types of victimization, re-examining the type of survey instruments used, and amending the data collection process. Each of these efforts have helped to increase the reliability and validity of the data, and as a result, we have a more complete picture of the nature and scope of victimization. Chapter 3 provides a thorough overview of the typologies and theoretical developments in exploring and explaining the causes of victimization. Many theories did not have the original intent of specifically studying victimization, rather evolved from studies that focused on criminal behavior, law, or practice. This chapter describes the predictors of victimization, and explores the research based on individual demographics and characteristics of offenders, and the multidimensional role of victims in the criminal 15 event. It addresses the limitations of the theoretical research used to explain and describe victimization, and how research should be used to develop appropriate services. Chapter 4 provides a comprehensive overview of legal and social remedies afforded to crime victims, dating back to the American Revolution and tracing them forward to the present day. A chronological summary of landmark developments in the treatment and ideology of victims over several hundred years illustrates the evolution of society’s responses to crime victims, and the socio-political perspective of each major time period is described to explain the defining factors that determined the way in which victims received support and whether they were treated with legitimacy. This historical overview illustrates how much work is still needed to ensure that remedies for crime victims are inclusive to all victims. Chapter 5 presents the landmark legislation that have marked the Victims Rights’ Movement, starting with the 1982 Presidential Task Force on Victims of Crime and traces the movement to the present. Select legislation and case-law are discussed, based on their impact in the development of victimology and more importantly on the growth of the field of victim services. Each of which were essential in helping to establish victim rights, victim related laws, the reintegration of victims into the criminal justice system, and the development of the field of victim services. Chapter 6 guides the reader through each stage of the criminal justice system to help them better understand each phase of the criminal justice proceeding. In the late 1990s, for the first time victims’ rights dictated that the criminal justice system allow victims to be integrated into the various stages of the criminal justice process. Thus, it is essential that victim service providers acquire a sound understanding of the criminal 16 justice process in order to better prepare the victim for the experience and reduce their likelihood of being retraumatized. Chapter 7 presents contemporary legal remedies available to victims to support them through the complex legal proceedings and guide them toward their recovery. The chapter is divided into three parts; the first part describes the restorative model of justice and its role in repainring the harm caused by criminal behavior. It describes the complex roles of the victim, offender, and community in the restorative justice approach, and provides a summary of the many approaches currently used to provide reparation, as well as support services available to assist victims through the criminal justice process. The second part discusses the relationship of the media to crime victimization, and how the media can be utilized for victim advocacy and community awareness. And, the final section describes the use of technology to support crime victims and victim service providers, particularly through its ability to facilitate the networking and sharing of services, knowledge, and expertise. Several examples are provided to illustrate how technology has benefited victims and contributed to the advancement of the collection and preservation of evidence. Chapter 8 provides a comprehensive summary of model programs and best practices in victim services in context with the contemporary needs of victims, survivors, their families, and the community. This chapter demonstrates how far the field of victim services has evolved and the complexity of the service industry that has been designed specifically to address the critical care and support needed by a widely diverse victim population. The range of services presented may not capture all the resources available to 17 victims, but it captures several of the most multifaceted and complex categories of support essential to the recovery of many of the most serious forms of victimization. Chapter 9 provides an overview of vicarious traumatization, also known as secondary trauma, which is caused by the indirect exposure to traumatic events through the firsthand account or narrative of that event. Vicarious traumatization is a very real outcome for victim service providers. They experience this form of secondary trauma when working with crime victims and listening to their traumatic victimization experiences day after day. This chapter provides various resources and tools to support victim service providers struggling with vicarious traumatization, and lends guidance for how to avoid secondary trauma, and on-the-job burnout. Chapter 10 provides an overview of the diverse and complex field of victims services and traces its efforts at professionalizing the field. The chapter summarizes the standards that have been established, and provides an overview of model trainings, certifications, and educational programs that help victim service providers, programs, and agencies put those standards into practice. The chapter concludes by providing a roadmap for how victim services needs to move forward in the 21st Century to achieve the level of professionalization it requires to better meet the needs of all crime victims. Conclusion Although the role of the crime victim was a focus of research for more than fifty years (1920s–1960s), it wasn’t until the 1970s that a rediscovery of crime victims occurred. American society finally began to recognize that the indifference toward the plight of victims was directly related to the preceding research that held them 18 “responsible” for their own victimization. Although many find the early victimology research offensive because of its undertones of victim blaming, its basis is critical to understanding the long and arduous evolution of Victimology and society’s slow acceptance of crime victims. Had it not been for the large number of victims and their advocates speaking out in the 1960s and 1970s, revealing the full impact of victimization, society may not have turned its sights toward the plight of the victim, and the field of Victimology may not have evolved, at least not as we know it today. Most importantly, the momentum and energy has continued to increase over the past fifty plus years, and the support from advocates, victims and survivors, and concerned citizens grows each year. Discussion Questions 1. Describe the major events in the evolution of victimology. 2. Discuss the impact of the various social movements on the development of victims’ rights and victim services. 3. 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