...Victimization in the Criminal Justice System Ian Gallagher CJA/534 May 18, 2015 Lora Terrill Victimization in the Criminal Justice System In ancient times, victims of crimes, and their kin, were responsible for the sentencing and implementation of the offender. This trend did not reappear, in a more lawful form, in modern criminal justice systems until the 1970’s. Recent years have seen growth and attention in victim’s rights and advocacy, but many claim the system is still flawed (Schmalleger & Hall, 2010). This paper will examine how victimization affects each party: the prosecution, the defense , the offender, and the victim in the final stages of sentencing and imposing of sanctions. It will also discuss the sentencing and sanction goals from each perspective. Finally, this student’s victim’s rights ideas will be offered. Prosecution The prosecution has the difficult task of finding the truth even when it is messy and unpleasant. Once a conviction occurs, it then has the burden of seeking sentencing justice, following sentencing guidelines, considering alternative sanctions, and taking the victim’s wishes into consideration. Taking care to note all of these factors, prosecutors must look at the five common goals of a sentence: retribution, deterrence, rehabilitation, restoration, and incapacitation (Schmalleger & Hall, 2014). Under current guidelines, prosecutors have tremendous power in setting the tone for sentencing and can easily increase and decrease the sentences...
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...Is How Crime Measured in the United States Accurate? LT B February 14, 2014 Is How Crime Measured in the United States Accurate? America's system of reporting crime has undergone a number of changes over the years since its inception in the early 1900s. Some would argue that the system data is invalid and does not accurately reflect the crimes committed, reported, or prosecuted, and neither is it indicative of the cause for criminal behavior. Nonetheless, this system is the only source available with any form of useful data relating to crime. Is there a more reliable alternative to measuring crime and collecting pertinent data? In America, law enforcement agencies use criminal statistic reports to measure crime; however, these statistics do not account for crimes that go unreported, reported crimes that did not lead to arrests, and charges reduced through plea-bargaining. When it comes to analyzing crime statistics a person must use his or her own critical thinking skills. Not all crime statistics will be accurate as it is an attempt to provide the American public with general information gathered that may not be in detail. The subject of Information is key, at the basic level a person should have knowledge in the description of the crime. There are a numerous amount of questions a person must take into consideration when it comes to reading and reviewing these reports. For example, 1.) Examine the source and whether or not it is reliable and trustworthy 2.) Acknowledge...
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...among many Americans since the Sandy Hook shooting. Referencing the following article “Congress Takes up Gun Violence” from the New York Times on January 29th, 2013 for increasing more gun laws (2013). We don’t need more gun control laws because there are over 20,000 gun control laws currently on the books in the U.S. Many of the same localities which have strict "gun control" laws also prohibit ordinary citizens from owning and using chemical defense sprays or stun guns, and the rationale is the same. Law-abiding citizens are disarmed of any possible effective means of self-defense because of the possibility of criminals obtaining and misusing these weapons. Ironically, not one of these laws has done a single thing to reduce crime in this country. Quite the contrary, history has shown that with each passing of these laws crime has increased (“A National Crime Victimization Survey Report,” 1992). Had there been one armed citizen at Sandy Hook Elementary School this tragedy may have had a different outcome. Point in fact Connecticut already has a ban on an assault weapons purchased after October 1st 1993 (NRA-ILA), but since an “assault weapon” was not used, which was in fact found locked in the trunk of the car of the shooter and misreported by the media for their own purposes. This current media frenzy is nothing more than an attempt to push through stringent and gun control laws that will only be followed by law abiding Americans who fear reprisal of the government...
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...errors. Any variations in crime levels may indicate modified records procedures, incomplete reporting, or changes in a jurisdiction's boundaries. To identify any unusual anomalies in an agency's crime counts, monthly reports are compared with previous submissions of the agency and with those for similar agencies.This report also includes detailed data on crimes cleared, persons arrested for a wide range of crimes, law enforcement personnel, and the characteristics of homicides such as age, sex, race of victims, and circumstances surrounding the homicides. The UCR presents crime counts for the Nation as a whole, as well as for regions, states, counties, cities, towns, tribal law enforcement, and colleges and universities. National Crime Victimization Survey (NCVS) is created by the Bureau of Justice Statistics (BJS) and provides a detailed picture of crime incidents, the victims, and its trends. They improved the program in 1993 by updating the questions that were used to uncover crime, updated its survey methods, and expanded the scope of crimes measured. This new survey collects detailed information on the frequency and nature of the crimes of rape, sexual assault,...
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...1. What was the intention of the National Crime Victimization Survey (NCVS) developed to uncover? What does data from the NCVS tell us about crime in the United States today? * The National Crime Victimization Survey (NCVS) is an annual survey of selected American households conducted by the Bureau of Justice Statistics to determine the extent of criminal victimization-especially unreported victimization-in the United States. The data tells us that procedures are based largely on reports to the police by victims of crime. 2. Identify and explain the significant differences between the Uniform Crime Report (UCR), the National Incident-Based Reporting System (NIBRS), and the National Crime Victimization Survey (NCVS). * The URC consists of monthly aggregate crime counts. Records one offense per incident, as determined by the hierarchy rule, which suppresses courts of lesser offenses in multiple- offences incidents. Does not distinguish between attempted and completed crimes. Records rape of females only. Collects assault information of five categories. Collects weapon information for murder, robbery, and aggravated assault. Provides counts on arrests for the eight major crimes and 21 other offenses. The NIBRS is consists of individual incident records for the eight major crimes and 38 other offenses, with detailed on offense, victim, offender, and property involved. Records each offense occurring in an incident. Distinguishes between attempted and completed crimes...
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...WORKPLACE VIOLENCE: Criminology-CJ102-D04 December 3, 2003 THESIS: WORKPLACE AS IT RELATES TO CRIMINAL JUSTICE I INTRODUCTION: • Crime and violence • Workplace violence a major concern • The three entities involved II STATISTICS • The Bureau of Justice Statistics • Statistics from 1992 to 1996 • National Crime Victimization Survey and The Bureau of Labor Statistic III WORKPLACE VIOLENCE A LAW ENFORCEMENT ISSUE • Responsibility of Law Enforcement • The impact and ramification • The direction of Law Enforcement IV WORKPLACE VIOLENCE A CORRECTIONAL ISSUE • Correctional facilities a breathing ground for violence • Domestic violence to workplace violence • Introduction of a new program V WORKPLACE VIOLENCE A PRIVATE SECURITY ISSUE • The direction of Professional security • The scope of Professional security • The challenge of Professional security INTRODUCTION Initially, when we consider crime and violence the average American may envision or think of the inner city streets, area populated by “lower class status”, and poor neighborhoods. They may even think of sub cultural conflict, or conflict overseas. Then when asked what causes violence, the average American may consider poverty, racial disparity, ineffective families, substance abuse, and the list goes on. In most cases the average American maybe right, in their estimate of crime and violence. However, we tend to avoid or exclude the issue of crime and violence in the workplace...
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...Rape: A Modern Crime RAPE: A MODERN CRIME The definition of forcible rape was established in the 1920s and has remained relatively unchanged since that time. According to the FBIs website, rape is narrowly defined as “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” While the FBIs Uniform Crime Reports (UCR) shows that rape statistics have dropped from 2002 to 2010, it’s difficult to verify if these statistics are accurate. There are two major factors that skew the statistics for reported rape cases. First, rape often goes unreported by victims due to embarrassment or fear of reprisal by the perpetrator(s). Secondly, the narrow definition of rape excludes the number of cases reported by would be victims. Fortunately, the definition of rape was revamped in 2012 and has broadened the reporting criteria for this terrible crime. Changes include the perpetrator gender, physical resistance and the instances in which the victim is incapable of giving consent (Affairs, 2012). These changes will undoubtedly change the number of reported rapes committed and impact crime statistics greatly. It was just another ordinary summer day on July 6, 2011 in Stafford, Virginia. The sun was shining, birds sang their songs and children could be hear playing about. For one woman, this ordinary day would turn into...
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...“crisis” and the restructuring of the University? d. Education as a gatekeeper: funding, resources, knowledge, success. Terms: No Child Left Behind, Race to the Top, credentialism, Output efficiency: How many people can u graduate standardized testing, grassroots, astroturf, business model, quality education, tracking, Ability grouping: also called tracking standardized testing Rodriguez v. San Antonio: says that quality education is not guaranteed by the us constitution only a desk Property tax: taxes on residential and commercial property in a school district to fund the school, Foundations: A way to funnel private money into a school The Houston Miracle: the basis for no student left behind, ended up being a lie 2. Crime and the Criminal Justice System. a. Types of crime (and examples) and extent of crime: UCR, NCVS, comparison, trend, resources/cost. b. Street crime: perception and treatment and pressure on CJ system, consequences. c. CJ system and the poor: public defenders, contract system, court appointed lawyer, plea bargaining. d. CJ system and race: racial profiling, disproportionate arrests and convictions,...
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...v) Bivariate Analysis (up to 300 words) Using appropriate statistical and/or graphical techniques examine how each of your IVs is associated with the DV. Use appropriate tests of statistical significance to see whether it is reasonable to infer these associations to the population represented by the survey. Obtain and consider strength of association statistics and reflect on what these show / mean. Succinctly summarise these two analyses in one paragraph. When looking at this crosstabulation of data from the British Crime Survey regarding the relationship between gender and fear of being raped (see Appendix 1) it seems clear that women are much more worried than men. This is exemplified by the fact that over 90% of women stated that they are worried about being raped compared to the 9.8% that admitted to being worried. In fact, almost 70% of men said they are not worried at all whereas only 30.1% on women claimed to have no concerns. When evaluating the crosstabulation of data from the British Crime Survey regarding the relationship between social class and fear of being raped (see Appendix 2) it seems a lot more evenly spread than that of the one concerning gender. In terms of being the most worried, it seems that people in higher technical occupations have a higher fear of being raped. What is interesting however is that this category also holds the highest number of people who are not worried about being raped. In order to analyse this effectively, it...
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...Nikki Jones CRSJ 405- Unit 1 DB July 24, 2013 The ways the data is collected through surveillance in the observation of what is happening this can also eliminate those who are afraid to speak out on the abuse or wrong doing of their actions. (Draper, & Swift, 2011) For those who do come forward, there is a process to go through of interviewing as a way to recreate the situation and the even as it happened. There is a story that has to unfold allowing the law enforcement to place them self in the scene and solve the problem as the best of their abilities. In the start of the interview, there are questions asked to make the person more comfortable this lets the official learn how the person will react to the information and look into the person’s ways. Having the victim to open up and build a relationship with the law enforcement member doing the interview, A brief history of the person such as marriage, family, and location of extended family, additionally this allows the In the event of suspect or danger to the partner, mom, dad, sisters, brothers, and children. The place of employment to not the route and routine the victim goes through each day. Items out of the ordinary for the day are pieced as a probable cause of the action being more likely to occur than a typical day. Once the basics are outlined the story or capturing of the ordeal this can be compared with a painting, to writing a story as there need to be information on who was involved. What was around and...
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...women have distinct pathways to initial crime and recidivism compared to men, is improved mainly by qualitative methodologies. In the current study: Gendered Pathways: A Quantitative Investigation of Women Probationers’ Paths to Incarceration, featured in the Journal of Criminal Justice and Behavior, authors Emily J. Salisbury and Patricia Van Voorhis quantitatively investigate women’s possibilities of ongoing criminal behavior (2009). Although some implications did arise, this study is important to the field by offering explanations of female offending which can offer proper interventions to help reduce recidivism. Throughout this paper I will be summarizing and critiquing the above article. The mentioned study uses a path analytic statistical procedure with a sample of 313 newly convicted women probationers selected by the Missouri Department of Corrections according to a stratified sample, to investigate three gendered pathways to women offenders’ incarceration: 1) a pathway beginning with childhood victimization that contributed to historical and current form of mental illness and substance abuse; 2) a relational pathway in which women’s dysfunctional intimate relationships facilitated adult victimization, reductions in self-efficacy, and current mental illness and substance abuse; and 3) a social and human capital pathway in which women’s challenges in the areas of education, family...
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...Evaluation Omar Diaz CJA354 March 17, 2015 Mr. Dale Jenereaux Victims and Crime Evaluation Victims of crimes often suffer from various aspects of the criminal acts that were committed against them. The criminal justice system can also contribute to victimization against victims. Lipmann (2010) noted, victims also suffer post crime or secondary victimization. This includes but it not limited to loss of wages, medical expenses, property loss, disability and/or the need to relocate due to safety issues and/or inhabitable living quarters after the crime (Lippman, 2010). Over the year’s inauguration of victim’s rights and victim’s assistance, victims can often relive the horrible experiences that they went through by either having to testify in court or something as simple as nightmares. This is commonly known as pain and suffering. In the adversarial criminal justice system, the prosecution develops a case against the defendant by usually working with the local district attorney’s office. The evidence presented in a case inevitably involves the victim through law enforcement investigations, the identification of the defendant, medical examinations and victim reports. Both the prosecution and the defense have certain obligations to the victim. Each party within the criminal justice system can contribute to victimization. The defense has the responsibility to prove that their client was innocence and did not commit the crime. This can portray that the victim is making up stories...
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...In this paper the student will describe the roles and functions of the prosecutor, defense attorney, criminal, and victim in the criminal justice system. The student will then summarize the affects of victimization on each role. Also, the following questions will be answered by the student: What are the goals of sentencing associated with each role, and what are the goals of alternative sanctions? Finally, the student will discuss personal recommendations regarding victims’ rights. The main role of the prosecutor is to get a state conviction in criminal proceedings. At times of private practice, present a case in defense of the victim and other parties wronged by a criminal. Also, the prosecutor must prove without question that the defendant is the one at fault. The prosecutor at times, seeks to resolve the case with a plea bargain. The plea bargain is a prosecutions best tool. The plea bargain closes the case as quickly as it opened, and the prosecution team gets win without having to rely on a jury or argument. The main role of the defense attorney is to come to the aid of the accused and provide a competent defense or defenses to prove the innocence of the accused. During the plea bargain the defense attorney is trying to get the best deal for the client being represented by the defense. The plea bargain is a good tool for the defense as well. Even though the pea bargain can count as a lose the defense attorney secures two objectives with it. First objective is the...
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...of all social sciences. As long as statistics has been collected, they reflect that men are more likely to engage in illegal activities than women. The basis of feminist criminology is that criminal behavior by females. The goal of feminist isn’t the oppression of masculinity but equality of women to men. There are many advocates who argue that the inequality in wealth, political, economic and social power are the main cause of female criminal behavior. The radical criminologist, believe that there is no equal treatment of the poor, minorities and the females in the criminal justice system. There are many psychological factors to the differences in the way men and women are treated in the criminal...
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...Crime Evaluation In the United State the criminal justice system is comprised of agencies. The justice system is established to protect people and to impose penalties on those who violate laws. There are several different agencies within the criminal system in the United States. Agencies are similar but different, because each county, state and federal or military installation has their own jurisdiction. Each jurisdiction has different levels of managing criminal justice processes. Military has their own jurisdiction but depending on the crime they are still part of the two main systems: State criminal justice systems handle crimes committed within their state boundaries and Federal criminal justice system handles crimes committed on federal property or in more than one state. In the criminal justice system there are five components law enforcement officers, prosecution, defense attorneys, courts, and corrections. Each of the five components plays a key role in the criminal justice process. Far more importance is how victimization affects the roles of the prosecutor, defense attorney, criminal and victim. Prosecutor is to prosecute criminal within their jurisdiction. They are the administrator of justice, an advocate, and an officer of the court who representing the people in a trial. Prosecutor works with their local law enforcement agencies to prosecute criminals and to provide legal advice on functions and duties in a criminal matter. If there is any conflict of interest...
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