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Article

Karen S. Knox

Social workers provide services for crime victims and their families in a variety of settings, including law enforcement, the court systems, corrections, and parole or probation. This entry presents a historical overview of the types of victim-services programs and models that have been developed since the beginning of the 20th century. Social-work roles and interventions in victim-services programs are discussed. The need for specialized education and training in crisis intervention, domestic violence, and child abuse is addressed, along with recent challenges and innovations in the field of victim services.

Article

Peter J. Dixon, Luke Moffett, and Adriana Rudling

The devastation brought by war leaves behind irreparable loss and destruction. Yet over the past 100 years there has been a concerted effort by states, both within their territory and following conflicts with other states, to resolve the past through reparations. As a legal and political tool, reparations can affirm values in a postconflict society through recognising suffering and responsibility, as well as helping those most affected by the conflict to cope with their loss. However, the scale of harm and damage of war may devastate a state’s capacity to redress all victims, and states may have more pressing priorities to reconstruct and encourage development. While the guns have been silenced, the motivations and ideologies that fueled and justified violence may continue, politicising debates over which victims are deserving of reparation or absolving the responsibility of certain actors, causing reparations to be delayed or dropped. Where reparations are made, furthermore, assessments of their effectiveness in meeting their goals are both challenging and necessary. This article addresses these issues, providing a snapshot of the key debates in the area, the continuing gaps, and the need for further research.

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

Nancy A. Humphreys and Shannon Lane

Hate crimes and their traumatic repercussions are an important area for social worker intervention. This entry will examine how hate crimes are defined and handled, and the difficulties inherent in categorizing and responding to them. Collection of hate crime statistics and hate crime–related legislation are reviewed. The entry will also examine how social workers can help victims and perpetrators and influence how society conceptualizes and prevents hate crimes and their consequences.

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

Noël Busch-Armendariz, Maura Nsonwu, Laurie Cook Heffron, and Neely Mahapatra

Human trafficking has become a major national and international problem, and while research suggests that trafficking in human beings for the purpose of cheap labor is higher than trafficking for the purposes of sexual exploitation, much less is understood about labor trafficking. This entry summarizes the current knowledge about labor trafficking including important definitions, describes ways in which people are exploited for labor, outlines related policies and laws, summarizes needs of survivors, and offers ways in which social workers are and can be involved in responding to this crime.

Article

Clarissa (Clara) Harlowe Barton (1821–1912) was the founder of the American Red Cross and its president from 1881 to 1904. She introduced the “American Amendment,” ensuring that the Red Cross would provide relief in peacetime as well as in war.

Article

Jonathan Singer and Karen Slovak

Bullying is the most common form of violence in schools and has been shown to disrupt the emotional and social development of both the targets and the perpetrators of bullying (Raskauskas & Stoltz, 2007). Bullying can be physical, verbal, relational, and direct or indirect. There are well-established age and sex trends (Olweus, 1993; Smith, Madsen, & Moody, 1999). There has been considerable research on bullying-prevention programs and scholarship on best-practice guidelines for school social workers (Dupper, 2013). An emerging concern is with the use of electronic and Internet devices in bullying, referred to as “cyberbullying.” In this article we define bullying and cyberbullying; discuss risk factors associated with being a bully, a victim, and a bully-victim; describe prevention and intervention programs; and discuss emerging trends in both bullying and cyberbullying.

Article

Katherine van Wormer

This article defines restorative justice and describes the models most relevant to social work. These include victim–offender conferencing (sometimes incorrectly referred to as mediation), family group conferencing, healing circles, and community reparations. Restorative justice is an umbrella term for a victim-oriented method of righting a wrong, promoting healing following a conflict, including war, and/or providing a safety in the aftermath of violence (for example, child abuse). Such restorative strategies have their roots in the rituals of indigenous populations and modern-day religious practices, as stated by restorative justice pioneer, Howard Zehr. Restorative justice, as defined by the Social Work Dictionary is “a non-adversarial approach usually monitored by a trained professional who seeks to offer justice to the individual victim, the offender, and the community, all of whom have been harmed by a crime or other form of wrongdoing.” This emerging model for resolving conflict and/or righting a wrong focuses on repairing the harm done by an offense by involving the victim, the offender, and the community. This article identifies resources on restorative justice theories and strategies with special relevance to social workers and to mental health professionals, as well as school and correctional counselors. At the micro level, restorative justice is played out as conferencing between victims and offenders—for example, by way of family group conferences and healing circles. At the macro or societal level, restorative justice takes the form of reparations or truth commissions—to compensate for the harm that has been done, for example, when mass persecutions of people have taken place. The magnitude of the situations covered under the rubric of restorative justice ranges from interpersonal violence to school bullying to mass kidnappings to full-scale terrorism and warfare. Restorative justice refers not only to a number of strategies for resolving conflicts peacefully but also to a political campaign of sorts to advocate for the rights of victims and for compassionate treatment of offenders. Instead of incarceration, for example, the option of community service coupled with substance abuse treatment might be favored. From the offender’s standpoint, accountability and truth-telling are stressed, as the offender typically offers to make amends for the harm that was done. From the victim’s standpoint, a key theme is empowerment, through receiving an apology from the wrongdoer and receiving the support of caring participants.

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

Peter W. Van Arsdale

Global human rights, writ large, impact the entire human condition. They span cultural, social, economic, ecological, political, and civic realms. They pertain to how people are treated, protected, and respected. They are interrelated, interdependent, and of importance to all people, yet in actuality—as they play out—do not apply equally to all people. They have not been formulated by representatives of all societies, have not been accepted by members of all nation-states, and have not—in any sense of an entirety or set—been formally approved by many important transnational rights-oriented organizations. However, as commonalities are considered in the way rights emerge and evolve, there are many. Certain principles are foundational. The processes are as essential as the products. The aspirations are as important as the achievements. The subject of human rights can be addressed from many angles. Some authorities suggest that philosophy provides the overarching umbrella, dating from the era of John Locke (b. 1632, d. 1704). From one perspective of history, which features emergent religious interpretations, duties and obligations that are situated in various diverse cultural traditions are central. From another perspective of history, which features seminal events such as wars and genocides, the actions and reactions of various actors—from victims to warriors—become central. From the perspective of law, covenants and protocols designed to advise, protect, and aid prosecution emerge prominently. From the perspective of political science, the ways in which citizens engage the political process as rights and wrongs are debated is key. Other disciplines, from psychology to theology to journalism, also contribute significantly. By way of contrast, cultural or social anthropology takes an ethnographic perspective. The cultural context is specified, with case-specific narratives often featured. Documentation of encounters (one-to-one, group-to-group, institution-to-institution) is crucial. Past, present, and potential future issues are addressed. The actions of victims, survivors, and perpetrators, as well as service providers, advocates, and everyday citizens, stand out. Field research, both theoretical and applied, is part and parcel of what anthropologists do. There is no single “theory of human rights.” However, there are a number of prominent paradigms, theories, and models that inform anthropological work in human rights. Of note are statist, cosmopolitan, and internationalist models, with the cosmopolitan of particular interest to anthropologists given its emphasis on individuals rather than states. Viewed differently, from the perspective of power and its abuses, the theory of structural violence is very useful. Case studies of perpetrators of abuse are usually more difficult to develop than those for victims, yet are particularly illustrative of power differentials. Ultimately, improvements in the ways in which abuses are dealt with and the ways in which the human rights regime (i.e., the systematized body of discourse, norms, resources, and protocols) ultimately can change for the better for everyday citizens, are tied to processes of socialization, internalization, and obligation. Rights are not static, but rather, very dynamic.

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

It is impossible to divorce the criminalization of LGBTI conduct from the social, institutional, and extra-legal violence to which individuals within this community are subjected, as laws are a mirror of a society’s values. The foundation for laws that punish non-hetero-normative sexualities and gender expressions are societal constructions of hetero-normativity. Lawmakers codify their generalized views about what roles persons should fulfill or perform based on preconceptions regarding the attributes, behaviors, or characteristics of a person, class, or group. Non-hetero-normative sexual orientations and gender identities challenge traditional notions of sexuality and gender. Violence is used as a way to control the bodies of those who exhibit non-hetero-normative traits and values, as well as a form of social control to reinforce sexual and gender norms. The distinctions countries create in the targeted illegality of “male” and “female” homosexuality demonstrate the conflation of sex, gender identity, and sexual orientation. Laws that ban expressive conduct and effectively eliminate lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons from public discourse have historical roots in Christian and Muslim religious traditions. Whether codified or not, violence against LGBTI individuals is a consequence of deeply embedded gender inequality. Such inequality manifests in social and physical violence that ultimately punishes, controls, and erases LGBTI persons. Although international bodies have reacted against such violence by ratifying legal instruments to protect the LGBTI community, changing social conditions and preconceptions has proven to be the most effective route to protecting LGBTI persons’ human rights.

Article

Genocide, defined in international law as killings and related mass atrocities that are committed “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group,” has negatively impacted countless communities across Africa over the centuries. The resulting historical literature is strongest regarding those genocides that occurred in the 20th and 21st centuries due to a tendency to privilege written sources. Within this literature, African women’s experiences remain understudied compared to the experiences of men, despite widespread recognition that genocides often affect people differently according to their gender identity. However, in looking at the widely studied examples of colonial genocides in Belgian-occupied Congo (1885–1908) and German-occupied Namibia (1904–1908), and the subsequent genocides in Burundi (1972), Rwanda (1994), and Sudan (2003–2008), it becomes evident that perpetrators have targeted women in particular ways as part of their broader efforts to exterminate unwanted communities. While women are frequently killed alongside men during genocides, the literature on these case studies abounds with examples of sexual violence, particularly rape, that the perpetrators inflict upon women as part of their efforts to undermine the social vitality of their intended victims’ communities. Women’s experiences of genocide are often far more diverse than the literature’s singular focus on sexual violence suggests, however. The case of Rwanda demonstrates that women can also serve as combatants and perpetrators, while the case of Belgian-occupied Congo reveals that women can lead resistance movements in opposition to genocidal violence. Similarly, German-occupied Namibia and Rwanda demonstrate that women can serve important roles in rebuilding their communities and advocating for recognition and reparations in the post-genocide period. Scholars are beginning to pay greater attention to women’s diverse experiences of genocide, but there is a great deal of research to be undertaken, particularly regarding how different facets of women’s identities, such as class, ethnicity, and socio-economic status, among others, shape their experiences of genocide.

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.