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Article

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

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

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

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

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

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

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

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

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

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.