Summary LPC Notes Advocacy Revision Notes and Script with Chronology 2021 (BPP and ULaw Competent)

Victim Justice System - Mala in se – totally unacceptable acts; agreed upon wrongs; bad by definition; everybody knows it’s wrong - Lex Talionis – an eye for an eye - Restitution (Payment) vs. Retribution (Punishment) - Few written laws - Victims took matters into their own hands Criminal Justice System - Individuals in power saw financial opportunities in restitution - Urbanization brought about higher crime rates - The new focus because punishment and deterrence. Hans Von Hentig (1940s) - Criminal –victim dyad - Possibility of the victim as an agent provocateur - 13 categories of victims. Key features; • Easier target due to physical, social and/or psychological disadvantage • Focus more on situations rather than actions Benjamin Mendelssohn (1950s) - Observed a trend – victims and offenders were often close - Six step classification system for victims: 1. Completely innocent victim 2. Victims with minor guilt or ignorance 3. Guilty victim/voluntary victim 4. Victim more guilty than offender 5. Most guilty victim 6. Imaginary victim - Credited with coming up with a lot of terms used today; anything with victim in it. Marvin E. Wolfgang (1950s) - Victim precipitation can be active or passive - Analyzed homicide records - This study was important because he was the first to actually use data to support the idea of victim precipitation. - Philadelphia from 1948 – 1952, 26% of homicides were due to victim precipitation. - Typical factors: • Victim and offender had prior relationship • Homicide starts out as a small altercation • Alcohol consumption (by the victim) Stephen Schafer (1960s) - Wrote a book called “The Victim and His Criminal” - Returned to studying the victim responsibility - Functional responsibility 1. Unrelated victims 2. Provocative victims: shared responsibility with offender who is reacting to behavior of the victim. This study source was downloaded by from CourseH on :34:45 GMT -06:00 ADVOCACY REVISION NOTES AND SCRIPT WITH CHRONOLOGY 3. Precipitative victims: inappropriate dressing & rape 4. Biologically weak victims: old & very young 5. Socially weak victims 6. Self-victimizing: victimless crimes (e.g. drug use) 7. Political victims Manachem Amir (1971) - Controversial empirical analysis of rape - Philadelphia from 1958 – 1960, 19% of forcible rapes were victim precipitated - Victim-precipitated situations: 1. Victim agreed then retracted 2. Did not react strongly enough against the suggestion of sex 3. Displays sexual indecent language or gestures or something else that could lead to or be interpreted as an invitation. - Victim-precipitated situations often included:  Alcohol consumption (by the victim)  Seductive acts  Wearing revealing clothing  Using risqué language  Having a bad reputation  Being in the wrong place at the wrong time  Offender may simply be ‘misleading’ the signals Victim Precipitation Backlash 1. Amir’s methods were flawed; theories were too speculative 2. New victim-precipitation research needed to be sensitive and thorough and more objective and less subjective. Franklin and Franklin (1976) Four assumptions: 1. The victim’s behavior can explain the act 2. The offender is reacting and not planning 3. Victim’s behavior is necessary and sufficient to trigger the act 4. Intent of the criminal is gauged by the extent of the victimization. (Intent is not equivocal to action) General Victimology Victims are of five sources (Mendelsohn): 1. A criminal 2. One’s self 3. Social environment 4. Technology 5. Natural environment Smith and Weis Four major areas of study: 1. Creation and definition of victims 2. Application of the definitions 3. Victim’s reaction and post victimization behavior 4. Societal response Victim Movements This study source was downloaded by from CourseH on :34:45 GMT -06:00 Women’s Movement: Responsible for changing a lot of the laws in sexual assault cases making it easier to prosecute. Children’s Rights: Child abuse laws; runaway shelters Crime as a political issue: Crime rates rose and officials were adding victim programs to ‘law and order’ proposals. Victim Compensation: Funds were established, legislation enacted. Legal Reforms: - Statutes protecting rape victim’s character - Suspected cases of child abuse must be reported - Victims need to be informed of court proceedings - Victim impact statements in sentencing and parole hearings.