In the context of crime, victimization, and immigration in the United States, research shows that people are afraid of immigrants because they think immigrants are a threat to their safety and engage in many violent and property crimes. However, quantitative research has consistently shown that being foreign born is negatively associated with crime overall and is not significantly associated with committing either violent or property crime. If an undocumented immigrant is arrested for a criminal offense, it tends to be for a misdemeanor. Researchers suggest that undocumented immigrants may be less likely to engage in serious criminal offending behavior because they seek to earn money and not to draw attention to themselves. Additionally, immigrants who have access to social services are less likely to engage in crime than those who live in communities where such access is not available. Some emerging research has shown that communities with concentrated immigrant populations have less crime because these communities become revitalized. In regard to victimization, foreign-born victims of crime may not report their victimization because of fears that they will experience negative consequences if they contact the police or seek to avoid legal mechanisms to resolve disputes. Recently, concern about immigration and victimization has turned to refugees who are at risk of harm from traffickers, who warehouse them, threaten them, and abuse them physically with impunity. More research is needed on the relationship among immigration, offending, and victimization. The United States and other nations that focus on border security may be misplacing their efforts during global crises that result in forced migrations. Poverty and war, among other social conditions that would encourage a person to leave their homeland in search of a better life, should be addressed by governments when enforcing immigration laws and policy.
Victim participation in common law has evolved across history and jurisdictions. Historical developments within conceptions of crime, harms, and victims in common law as well as the different victims’ movements provide an understanding of the ways that victim participation has been shaped in more-recent common law criminal justice systems. Victim participation in the criminal legal process has also given rise to various debates, which suggests that providing active forms of engagement to victims remains controversial. The forms of victim participation are also diverse, and the literature has provided typologies of victim participation. Forms of participation also vary across jurisdictions and the different stages of the criminal justice process, including prosecutorial decisions, pretrial and trial proceedings, sentencing, parole, and clemency. Finally, research that focuses on victim participation in legal traditions beyond the common law would provide an additional and important contribution to the field.
Bianca Fileborn and Rachel Loney-Howes
The development of social media, and Web 2.0 more broadly, has revolutionized all aspects of our social, cultural, and political lives. Notably, social media and online platforms have opened up space for resisting gender-based violence (GBV) in a way that, in some respects, was not possible “offline.” Some authors, drawing on Nancy Fraser, have conceptualized online spaces as a form of “counter-public”—a site in which collective and individual resistance to, and contestation of, dominant norms is enabled. Given the well-documented trajectories of victim-blaming and the perpetuation of various myths and misperceptions in relation to gender violence, social media spaces can function as a counter-public or countercultural forum in which victim-survivors can give voice to their experiences in their own words, and in doing so challenge persistent norms and stereotypes. Such practices have been documented across the Global North and South, with the potential of social media as a space of resistance and contestation most recently evidenced by the #MeToo global phenomenon, which was preceded by a string of digital activist efforts such as SlutWalk, Hollaback, #WhyIStayed, and #EndRapeCulture.
Yet the use of digital platforms to resist gender violence brings with it a range of concerns and limitations. While some activists and victim-survivors are able to harness social media to share experiences and be heard, the ability to do so continues to be shaped by factors such as age, (dis)ability, sexuality, socioeconomic status, race, and geographical location. Online resistance has likewise faced critique for actively reproducing certain myths and stereotypes about gender violence, or for providing a limited or partial picture of what this violence “is.” This suggests that only certain victim-survivors and experiences are recognized and validated as such online. In addition, online disclosure and the “naming and shaming” of perpetrators raises serious concerns regarding due process and “vigilantism.” Moreover, social media spaces can themselves be sites of gender violence, with the routine harassment and abuse of (particularly) women online increasingly well documented. Together, such perspectives illustrate the complex, nuanced, and deeply political role of social media as a site of resistance to gender violence.