1-16 of 16 Results

  • Keywords: victims x
Clear all

Article

Social Engineering  

Kevin F. Steinmetz and Cassandra Cross

This entry reviews the concept of social engineering, the use of deception to circumvent information security measures. While the term social engineering traces its roots back to attempts in the late 19th and early 20th centuries to manipulate social groups, the contemporary use of the term is rooted in the mid-20th century and its use among telephone enthusiasts or “phone phreaks.” Despite its associations with contemporary information and computer security, social engineering is fundamentally a social process that parallels the kinds of deceptive strategies and relational practices found in other forms of fraud and deception. As such, it involves the exploitation of human psychology and the rules governing social interactions. Social engineering may have significant impacts on victims beyond financial damages including emotional, psychological, relational, lifestyle, and employment harms. Relying on law enforcement to prevent these crimes is fraught with challenges. To prevent social engineering attacks, organizations may consider adopting a variety of policies and practices including providing education for organizational members on proper security practices, creating clear and strong policies to guide member decision making, ensure onboarding procedures for new employees involve security awareness training and related protocols, creating an organizational culture that values security, employing technologically based fraud prevention measures, and regularly engaging in social engineering penetration testing.

Article

International and Comparative Legal Perspectives on Victim Participation in Criminal Justice  

Marie Manikis

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.

Article

Victims’ Rights in Plea Agreements Across Different Legal Systems  

Dana Pugach and Michal Tamir

The juxtaposition of two major recent legal developments—the emergence of victims’ rights, and the increasing prevalence of plea bargains in the criminal process—raises profound dilemmas. Ever since the end of the 18th century, criminal proceedings have been conducted by states against defendants, based on the traditional view that crime is an offense against the state. Hence, victims’ participation has been curtailed under different legal systems. In adversarial (Anglo-American) systems, based on common law, the parties dominate the proceeding, and the onus is on the prosecution to prove its case; while in inquisitorial systems (continental), the judge dominates the proceedings, thus reducing the responsibilities of the parties. Although most states display mixed adversarial and inquisitorial characteristics, three systems exemplify different approaches to victims’ rights in plea agreements. The federal US system—the adversarial legal system in which the victim movement began its first steps; the French system—a civil law system, where victims are allocated a formal, albeit limited role; and the Israeli system—a juryless common-law-based system, where professional judges make both legal and evidentiary decisions. In the Anglo-American systems, victims were marginalized, and this lack of standing resulted in one of the more important legal developments of the 20th century—the struggle for victims’ rights. The victims’ movement is a grassroots movement, a social phenomenon that has led to significant legal changes. Consequently, a new perception has seemingly been incorporated into adversarial criminal law systems, whereby victims’ interests should be taken into account. The federal U.S. law enshrined victims’ rights in 2004, and in Israel the major legislation of victims’ rights took place in 2001. In the French system, since the early 20th century, victims have been formally recognized as partie civile—the civil side to the criminal process. The victims have a standing and they can claim compensation. The question of victims’ role in plea agreements is of particular importance, since in recent years, plea agreements have become the rule rather than the exception in Anglo-American criminal proceedings. In 2004, the French law also created a mechanism akin to plea agreements. In the federal U.S. system, victims can express their opinion regarding a plea agreement, and they can apply for a writ of mandamus, should any of their rights be disregarded by the prosecution. Under the Israeli system, victims of severe sexual and violent offenses may speak to the prosecutor and express their views, albeit not in court. In the French system, the victims’ role in plea agreements is limited to claiming compensation. Despite these developments, victims’ rights in plea agreements may still be partial or ineffective. For example, under both U.S. and Israeli law, the victims’ objection to such an agreement may have a very limited effect on the criminal process. Moreover, the prosecution has been granted immunity from any civil lawsuit following infringement upon victims’ rights. Under the French system, the victims’ involvement is limited to an appeal regarding the compensation she has been awarded.

Article

Identity Theft  

Dylan Reynolds

Identity theft commonly refers to the illegal theft and misuse of another person’s identity information, resulting in a benefit to the offender or harm to the victim. With the rise of technological payment systems, identity theft increased dramatically in the 1990s and 2000s and impacts almost 1 in 10 adults annually. Identity theft can be difficult to measure, in part because few victims report it to law enforcement and government agencies and because victims often have limited knowledge about how their information was obtained and misused. Identity theft can involve the misuse of existing bank, credit, or other accounts, the creation of new accounts, or other fraudulent misuses of personal information. Moreover, the methods of acquiring identity information vary and include hacking, phishing, and stealing physical documents. While identity theft’s rise results from increasing technological reliance, the relative prevalence of online and offline forms remains unknown. The limited research on identity theft offenders finds that their motives and techniques vary, but that committing identity theft is usually a rational choice and that offenders often use techniques to neutralize identity theft behaviors. More research exists on identity theft victims, due, in part, to identity theft victimization surveys, which find that victims face a range of consequences and reporting options. Globally, both criminal and consumer protection laws have been implemented or modified to respond to identity theft, although victims must typically advocate for themselves to resolve identity theft’s consequences.

Article

Neighborhood Context and Media Representations of Crime  

Shea Cronin

Neighborhoods are central to popular and news media portrayals of crime and theories of social control. By setting agendas and framing crime problems, news media in particular are an important part of the policy process. Media representations influence public perceptions and attitudes about crime as well as public responses to crime, which are known to vary across neighborhoods. Media representations of crime are thus likely to have important implications for the distribution of social control across neighborhoods. Media and crime literature has focused primarily on the social construction of crime by examining victim, offender, and situational characteristics of crime. Concerns about over- or underrepresentation of racial groups or genders have driven attention to these characteristics. Research finds consistently, for example, that “normal crimes” and “deserving victims” are differentially present in media accounts of crimes. In addition to the normative consequences, there are methodological reasons for taking more seriously the study of neighborhoods for the broader media and crime literature. Few studies have contributed to the understanding of neighborhood context in the study of media and crime. The findings of the research are mixed and are limited in a variety of ways, although there is evidence that disadvantaged communities and communities of color are underrepresented in news media accounts of crime. These findings confirm expectations from theories typically applied to individual characteristics. Research on the intersection of media, crime, and neighborhoods is of importance to the study of crime and social control, but can be expanded upon in a number of ways. Focusing research on qualitative differences across neighborhoods, expanding the scope of variables connected to common theoretical perspectives used in the literature, accounting for neighborhood dynamics, and drawing upon a wider array of variables connected to concepts of community power, interest group politics, and control of institutions are all recommendations for advancing this line of inquiry.

Article

Online Fraud  

Cassandra Cross

Each year, millions of individuals worldwide find themselves victims of online fraud. Whether it is responding to a fraudulent email with bank account details or being defrauded through a false relationship, fraud can have a life-changing impact on an individual victim. For many victims, this goes beyond pure monetary losses and impacts their physical and emotional health and well-being. Historically, fraud has not been the priority of police or government agencies; however, increased developments in technology mean that fraud is affecting a greater number of victims than ever before. The online nature of many fraudulent approaches carries with it a new set of unique challenges associated with the policing and prevention of online fraud, and victim support services are currently not well equipped (if even in existence) to deal with the aftermath of victimization.

Article

Justice-System Monitoring Technologies and Victim Welfare  

Craig Paterson

The evolution of criminal justice technologies is inextricably linked to the emergence of new modes of electronic and digital governance that have become essential components of a surveillance and crime control culture continually seeking out novel responses to actual and perceived threats. The slow emergence of these technologies in the second part of the 20th century was often theorized through a discourse of order and control that has subsequently evolved in the 21st century to emphasize the protective potential of technologies oriented toward the interests of victims. The potential of criminal justice technologies to improve public safety and address issues of repeat victimization has now been subjected to significant scrutiny from scholars across the globe. While it would be conceptually inaccurate to split offenders and victims into two discrete groups, there has been an increase in analytical focus upon the intersections between victims of crime and technology within the context of criminal justice processes that had traditionally been oriented toward offenders. A more sophisticated understanding of the psychological and behavioral potential of criminal justice technologies has emerged that has permanently adjusted the landscape of crime and disorder management and has had a transformative impact upon the relationship between victims, technology, and criminal justice. Yet, at the same time, the integration of digital technologies into the crime control and criminal justice infrastructure still is at an early stage in its evolution, with future trends and patterns uncertain.

Article

International Courts and Tribunals  

Mark Findlay

Despite political interference and jurisdictional partiality, the formal institutions of international criminal justice are positive development for global governance in their existence alone. The unique aims for global justice enunciated in the Preamble to the Rome Statute are a manifesto for how humanity expects to be protected from atrocity, and where responsibility should lie. As the example of rape in war demonstrates, translating these noble aspirations into trial practice and justice outcomes is often sullied by discriminatory externalities common in domestic criminal justice and exacerbated as the degree of victimization escalates. The lasting measure of the courts and tribunals is not successful prosecutions but rather the satisfaction of legitimate victim interests.

Article

Capital Punishment, Closure, and Media  

Jody Madeira

In contemporary society, “closure” refers to “end to a traumatic event or an emotional process” (Berns, 2011, pp. 18–19)—and, in the more specific context of capital punishment, controversy over what, if anything, is needed for murder victims’ families to attain healing and finality or move forward with their lives, including the execution of their loved one’s killer. The term is highly politicized, and is used by both death penalty advocates and its opponents to build arguments in favor of their respective positions. Closure has been indelibly linked to both capital punishment and media institutions since the late 1990s and early 2000s. The media’s penchant for covering emotional events and its role in informing the American public and recording newsworthy events make it perfectly suited to construct, publicize, and reinforce capital punishment’s alleged therapeutic consequences. Legal and political officials also reinforce the supposed link between closure and capital punishment, asking jurors to sentence offenders to death or upholding death sentences to provide victims’ families with a chance to heal. Such assertions are also closely related to beliefs that a particular offender is defiant or lacks remorse. Surprisingly, however, the association between closure and capital punishment has only recently been subjected to empirical scrutiny. Researchers have found that victims’ families deem closure a myth and often find executions themselves unsatisfying, provided that a perpetrator does not enjoy high media visibility so that the execution has a silencing effect, as did Oklahoma City bomber Timothy McVeigh’s execution by lethal injection in 2001. Recent empirical examinations of the link between capital punishment and closure prompt a redefinition of closure through which victims’ family members learn to cope with, work through, and tell the story of a murder and its impact. This redefinition is less sensational and thus perhaps less newsworthy, which may have the salubrious effect of discouraging extensive media emphasis on executions’ closure potential. Another way to decouple closure from capital punishment is for media organizations to change their practices of covering perpetrators, such as by not continually showing images of the perpetrator and by incorporating a more extensive focus on the victims and their families. While government officials have called for the media to exercise restraint in the wake of such events as the Oklahoma City bombing and 9/11, victims’ groups are now beginning to advocate for this same goal, with much success.

Article

Fakes and Forgeries in Art, and the More Specific Term “Art Fraud”: A Criminological Perspective  

Kenneth Polk

Fakes and forgeries are topics of frequent and agitated discussion in the art world. For criminologists, this interests shifts to art fraud because of its fit with issues of non-authentic art. While fraud shares with the wider interests the need to demonstrate deception (an obvious aspect of a fake), a successful prosecution will require in addition that the defendant be shown to be dishonest (that is, that the deception is intentional), that there is harm as a consequence, and that the victim was actually deceived. Despite its popularity as a topic for discussion in the art world, actual cases of art fraud are exceptionally rare, although cases of “mistaken identity” are reasonably common (but these will often lack the deception and intentionality required of fraud). Among the reasons for art fraud being infrequently observed appear to be: (1) police are less than eager to pursue issues of fraud in art; (2) the deceptive skills required of a successful art faker are actually rarely observed or achieved; and (3) the role of the victim in art fraud is complex and often renders victims either passive or non-compliant with the justice process.

Article

Environmental Crime in Latin America and Southern Green Criminology  

David Rodríguez Goyes

Latin America has been the site of extensive raw material extraction ever since its colonization by Europeans in the late 15th century. Throughout this period, large-scale resource extraction and associated practices—agroindustry, deforestation, disposal of waste and dangerous substances, industrial fishing, mining, and wildlife trafficking—have been the cause of widespread environmental crime and social conflict in Latin America, harming ecosystems and human and nonhuman species. Environmental degradation has simultaneously triggered further crimes such as the establishment of illegal markets and the creation of monopolies that control natural resources. Furthermore, environmental victimization has heightened social conflict in Latin American societies. Latin American criminologists began paying attention to environmental destruction and socioenvironmental conflicts in Latin America in the 1970s, but anglophone criminologists paid little if any attention to these criminologists for at least four decades. But the recent maturation of Southern green criminology has seen an increased focus of criminological research on environmental crime in Latin America. Latin American criminologists have exposed instances of primary, secondary, and tertiary green crimes in Latin America, and by so doing they have added depth to the formulations of anglophone green criminologists. Southern green criminology is concerned with the sociocriminological study of environmental crime in the Global South, while being attentive to (a) the legacy of colonization and North–South and core–periphery divides in the production of environmental crime, (b) the epistemological contributions of the marginalized, impoverished, and oppressed, and (c) the particularities of the contexts of the Global South. Southern green criminologists are currently producing innovative academic knowledge about the causes of, consequences of, and potential responses to environmental crime in Latin America.

Article

Human Trafficking: Women, Children, and Victim-Offender Overlap  

Alexis A. Aronowitz and Mounia Chmaitilly

Human trafficking involves exploitation in prostitution and other forms of sexual exploitation, forced labor, domestic service, and for the purpose of organ removal. The dominant narrative in human trafficking discourse on victims is that of “a young woman and naïve innocent lured or deceived into a life of lurid horror from which escape is nearly impossible,” according to Jo Doezema. This conflicts with the reality of victims who may have exercised agency and been voluntarily involved in the initial stages of the process or those agreeing to work in prostitution. Identifying victims of human trafficking is complex when their very existence in a country as undocumented migrants or their forced participation in activities deemed illegal (prostitution, participation in armed conflict or child soldiering, or criminal offenses) results in their being criminalized rather than protected. The existence of prior victims becoming traffickers, particularly in the sexual exploitation of other women, has been documented by numerous researchers. Here, and in other situations where victims are forced to participate in criminal activities, the victim-offender overlap becomes blurred. This presents a number of ethical and operational problems, in terms of how we recognize victims of human trafficking and how we discern them from offenders. Based upon a number of case studies involving women and children forced into prostitution, participation in armed conflict and terrorism, and criminal activities, the reader begins to understand the complexities of the victim-offender overlap and what measures are available to identify and protect victims of human trafficking from criminal prosecution.

Article

Feminist Perspectives on Criminal Justice in Popular Culture  

Greta Olson

A discussion of feminist perspectives on crime and criminal justice in popular culture has to begin by pointing out that pop culture itself has traditionally been gendered as feminine. As epitomized by abstract visual art, nonnarrative poetry, and auteur cinema, high culture is still regarded in some critical circles as the opposite of popular culture, which is associated with the seductive and immersive qualities of mass media. Resulting from a masculinist aesthetic that privileged difficulty and abstraction as in Modernist poetics, so-called feminine forms have traditionally been considered to be less valuable than ones associated with masculinity. Media vehicles associated most readily and negatively with popular culture are those directed primarily at women audiences, such as daytime television, romance novels, and women’s magazines. Associated with the domestic space, leisure time, and unemployment, television itself was until recently viewed as a less-valuable, feminine medium. For these reasons, and because of television’s preoccupation with crime, this article concentrates on television as a formally feminized medium that has for technological and social reasons now become more highly valued. Critiquing the conjoining of masculinity and cultural value is a feminist task. As viewers watch their favorite series in public spaces on handheld devices, and certain series are considered novelistic and complex enough to supersede other cultural forums, television has gained new cultural credence and is a premier space in which to relate popular images about women and criminal justice.

Article

Crime News in Newspapers  

Jaclyn Schildkraut

Crime news is an abundant staple in modern media coverage. Nowhere is this more evident than in the newspaper medium, which often faces fewer constraints with respect to space and time compared to other formats (e.g., television), thereby enabling more stories to be generated. As most people will rely on the news format for their information about crime, it is imperative that such stories be presented factually and within the scope of their magnitude. Yet as research has indicated, this often is not the journalistic practice as it relates to crime news. Instead, there is often a disproportionate amount of crime presented in the news, with specific attention dedicated to the most serious of crimes, such as homicide, even though these occur least often. Still, the focus of such reporting is often centered upon the most extreme and sensational cases, further distorting the reality of crime. A number of factors influence these selection decisions, including (but certainly not limited to) victim characteristics and agenda-setting practices by news organizations. The way in which these stories are constructed and framed also contributes to the creation of social problems as they are perceived by members of society. Consequently, there are broader impacts of the coverage of crime news in newspapers, particularly as it relates to audience effects.

Article

Restorative Justice in Youth and Adult Criminal Justice  

William R. Wood, Masahiro Suzuki, and Hennessey Hayes

Restorative justice is an innovative justice response to crime and offending that takes many forms such as victim-offender meetings, family group conferencing and youth justice conferencing, and sentencing or peacemaking circles. While restorative practices are used in a wide variety of contexts such as schools and workplaces to respond to and resolve conflict, restorative justice practices are predominantly used within criminal and youth justice. Key goals of restorative justice include (a) meeting victim needs of participation in justice processes and redress for harms caused to them, (b) asking wrongdoers to be accountable and actively responsible for making amends to victims and other they have harmed, and (c) involving primary and community stakeholders in restorative practices that repair harms to victims, promote offender reintegration, and enhance community safety and well-being. Existing research shows that restorative justice consistently meets most of these goals better than conventional court practices. However, restorative justice also appears to work better in some cases than in others, and also faces several limitations and challenges within its use in criminal justice systems. Limitations include dependence of restorative justice on state justice apparatuses for definitions of harm, and lack of fact-finding mechanisms that render most uses of restorative justice as diversionary or postadjudicative responses to offending. Challenges include lack of agreement on the aims and goals of restorative justice theoretically and in practice, administrative dilution and co-option of restorative aims and goals within increased institutionalization in criminal justice agencies, and uncertainty about the ability of restorative justice to redress harms situated within social-structural forms of violence and oppression such as gendered violence and systemic racism.

Article

Marginalized Women, Domestic and Family Violence Reforms and Their Unintended Consequences  

Ellen Reeves and Silke Meyer

In the last 50 years, a wide body of research on domestic and family violence (DFV) has emerged, much of which focuses on the victim-survivor experience with the criminal justice system. DFV is an area of rapid law reform, most notably in Western nations such as the United States, the United Kingdom, and Australia, as legislative bodies attempt to align policies with emerging knowledge and best-practice principles. Policy and law reform, however, have seen a tension between limiting and enhancing victim autonomy in the criminal justice system process. For the most part, policies have focused on the former, reflecting the understanding that DFV is a crime against the state, thus rendering a victim’s ability to choose how they wish to seek protection a secondary priority. For some women, a mandatory criminal justice system intervention may be a useful tool in seeking protection and addresses past limitations of legal responses to DFV, wherein the violence committed by men against women was largely ignored. However, for many other women, engagement in the criminal or civil justice systems may both enhance risks to safety as well as further engrain disadvantage. While DFV policies have been well intended and reflective of the growing shift toward recognizing DFV as a significant public health issue, the same policies have largely ignored the voices of marginalized women and the ways in which “choice” may manifest differently for different women. There are often unintended consequences of DFV reforms relating to justice responses, which disproportionately affect some victims. Thus, a more nuanced approach in police and court responses to DFV is important to minimize adverse effects on victim-survivor voice and help-seeking.