Crim 404 Timeline - Jotie Dhillon

Main

1600s

1600

Puritans created domestic violence laws
-existed, but rarely enforced

1765

1765

William Blackstone – Marital Unity Doctrine

-A statute allowing a man to treat a woman with the
same level of respect and discipline as a child.
-The man is responsible for his wife and she cannot do anything legally without him.

1785

1785

Pennsylvania Divorce Law

Allowed cruelty to be used as a ground for gaining a legal separation

1827

1827

Bradley v MS

-First case overt condone domestic violence
-The right to chastisement
-Continued to support the idea that domestic violence was to remain within marital privacy

-James Kent’s Commentaries on American Law

1828

1828

Delaware Court rules against striking pregnant wife

1828

1828

The right to chastisement or moral corruption was found in New York.

1864

1864

State v Black (NC)

-Ruled that a man can use any force necessary to make a woman behave.
-Law will not go behind curtain without permanent injury or excess violence

1871

1871

Knight v Knight (IA)
-Ruled that divorce not allowed for cruelty.
-Court's opinion: Ms. Knight's "own misconduct had caused the violence" and brought it onto herself

Commonwealth v McAfee (MA)
-declared woman was killed because she hit the man while he was drunk -- court says NO

Fulgham (AL)
-allows for husband's prosecution
-husband not allow to use any weapon or physical force in discipline for his wife
-Wife is entitled to any and all protection against her husband.
-Ruling placed woman on the same grounds as a man-equal protection

1885

1885

Chicago Protective Agency for Women and Children

1889

1889 - 1894

Domestic Violence
-58 out of the 60 men arrested for domestic violence in Charleston, South Carolina were black
-Racial differentiation showed unwillingness of police to arrest white men who beat their wives

1894

1894

Bradley v State
-ruling held that wife beating was legal as long as it was not extreme

Early 1900s

1900

Divorce laws were liberalized
-divorce because of cruelty was ruled legal

Number of seminal studies conducted to gauge prevalence of same-sex battering.

1910

1910

35 of 46 states had passed liberalized divorce laws, Domestic Relations Courts established
-number of cases were increasing so domestic relations courts were developed

1915-1920

1915 - 1920

25 cities adopted Chicago's Protective Agency

1931

1931

Crimes involving sex began to be written regularly.

FBI-UCR began
-UCR reported to FBI annually the amount of crimes that occur on a voluntary basis.

1940s-1960s

1940 - 1960

End of social work era
-Women's bureaus disappeared

Victim reemergence
-victim precipitation caused for the understanding of the source of crime

After World War II
-rate of violent crime and rape grew
-victims names became to be shared

Reconceptualization
-ride of psychology and treatment: people were no longer seen as criminals and victims, but rather clients
-practice of naming victim of violent crimes became common place
-crimes frequently focused on white female victims and black males as the accused
-doctors began tracking injuries
-school corporal punishment questioned

1948

1948

Hans Von Hentig
-In Criminal and His Victim declared some people are predisposed to being criminals and victims
-victim was often contributing cause to the criminal act

Wolfgang
-discussed homicide, said most people have relationships with their killer
-usually an escalation of a small occurrence

1956

1956

Benjamin Mendlesohn
-often referred to as the "father of victimology"
-most famous of the early victimologists
-wrote 6 degrees of victim blaming
-outlined a six-step classification of victims based on legal considerations of the degree of the victim's blame.

1957

1957

Margaret Fry
-compensation in England, but it was not adopted in England

1958

1958 - 1960

Menachem Amir
-gathered information from police records on rape incidents in Philadelphia
-Patterns in Forcible Rape: published in 1971
-suggested that victims are at fault for their own rape and in some cases may have an unconscious need to be sexually controlled through rape
-claimed 19% of all forcible rapes were victim-precipitated
-received much criticism

1960s

1960

Compensation and restitution

Civil rights movement of the 1960s:
-media became more aware of racial bias in stories, and made changes in reporting habits

-Children's movement

-Victim protection in rape and domestic violence caused for the mandatory reporting of abuse by schools and doctors.

-There was general social unrest, and a move for equality in terms of Domestic Violence laws

1961

1961

Mapp v Ohio
-Ruled the police has to exclude any evidence from illegitimate means/searches

1963

1963

New Zealand became the first in the world to adopt compensation for victims

1965

1965

-First act to protect victims' rights was established

-California initiates first victim compensation USA (28 others by 1979)

Scafer
-Wrote “The Victim and His Criminal”
-termed functional responsibility
-provided a typology that builds upon victim responsibility for the crime

1966

1966

Miranda Rule
-Miranda v. Arizona
-Government authorities need to inform individuals of their Fifth Amendment constitutional rights prior to an interrogation following an arrest.

1970s

1970

Women's Movement
-mid to late 1960s included a large component dealing with victims
-reformers complained that they system dealt with sexual assault victims as if they themselves were the offenders
-as women demanded an equal place in society, they worked to overcome the disadvantages of the criminal justice system

Children's Movement
-Child abuse was “discovered”
-States enacted legislation outlining the limits to which a child could be physically “disciplined”
-Runaways also gained publicity as a serious problem in the late 1960s
-Children emerged as a new class of victims: both of abuse at home and of society in general

Civil Rights

1972

1972

London opened first Domestic Violence shelter
-focused on services

First three victim assistance programs open in the US
-two are rape crisis centers (DC and San Francisco)

NCS
-surveyed 12,000 houses, interviewed them for three years every six months

NCVS
-surveyed households
-members over the age of 12
-screened questions, definitions, recalled issues

1973

1973

LEAA conference was held

Victim Offender Mediation
-held in Canada, post victimization
-victims are voluntary participants, but not offenders

Weis and Borges
-"the only ingredient necessary for constituting a victim precipitated rape is the offender's imagination"

1974

1974

LEAA funding established the first local victim/witness programs

Federal Child Abuse Prevention and Treatment Act
-The target is under the age of 18
-Perpetrator is a parent/caregiver
-The act/omission produces unacceptable risk of serious physical/emotional harm, death, sexual abuse, or exploitation

1975

1975

LEAA lead to founding of the National Office of Victim Assistance

Susan Brownmiller’s book Against Our Will was written
-a feminist history/analysis of rape, which brought women’s issues to the forefront

Cox Broadcasting v. Cohn
-rape victim privacy statute for Georgia was tested by the father of Cynthia Cohn, a victim of gang rape who was killed by her attackers

Harris poll
-55% of adults reported that they were apprehensive when walking in their own neighborhoods

1976

1976

General Victimology established
-concept that subsumes five types of victims
-includes victims of a criminal, one's self, social environment, technology, and the natural environment

1978

1978

LEAA block grants funded first National Victim Resource Center

National Coalition against Domestic Violence founded

Steinmets
-Elder abuse identified

1979

1979

Crime Victims' Book published
-identified and met victims' needs, made resources and information available to those who serve victims

The Cycle of Violence
-studied by Lenore Walker
-The “Apologetic Phase”, where spouse commits an act of violence and then says it will never happen again, and tries to apologize.

1980

1980

Media voluntary excluded rape victims' names

Temporary restraining orders made available

Rape shield laws
-Protected victim's sexual history unless relevant to the case, or determining consent.

Mothers Against Drunk Drivers formed
-(MADD)

First Victims' Bill of Rights passed in Wisconsin

National Campaign for victims' rights formed

NIBRS began

1981

1981

First Victim's Week
-introduced by Reagan Administration

Minneapolis experiment published
-a randomized experiment for police on how to react using three random colored notecards
-made a big change in domestic violence within police departments

1982

1982

National Victim and Witness Protection Act founded
-protection during case processing
-allowed communication during prosecution, etc.

President's task force for victims of crime founded
-urged prosecutors to communicate more closely w/victims; seek greater victim input, protect them against any harassment, honor scheduled case appearances, return property promptly, & improve overall quality of client services
-recommendations aimed directly at victim/witness concerns.
-testified to Congress on what later became the Victim's Bill of Rights; restitution recommended
-imbalance of rights afforded to victims and defendants in the criminal process acknowledged
-remedy of imbalance proposed by supporting the use of victim impact statements

1983

1983

National Conference on the Judiciary and Victim Rights

Office of Victims of crime opened with the DOJ

USAG created guidelines for the treatment of federal victims and witnesses

1984

1984

VOCA (Victims of Crime Act)
-Reagan Administration
-Passed that federal victims can get compensation from federal funds, and funded money to states to get programs going
-Funded with offender fines, not taxes
-Rainy day backup only used 3 times in the last 8 years
-4 million crime victims each year: Domestic Violence, sexual abuse, elder abuse, drunk driving, survivors of homicide
-Federal victim notification system
-Emergency relief to victims of terrorism and mass violence
-Child abuse prevention and treatment programs
-Prosecutors, law enforcement agencies and victims’ advocates
-Domestic violence and sexual assault victims made up half of those receiving services: shelters, crisis centers, child abuse treatment programs

US Attorney General's task force report

Thurman v Torrington Police (CT)
-big turning point because sanctity of marriage was not longer being protected

1987

1987

Booth v MD
-Death Penalty by Jury
-SC ruled victim impact statements not allowed in courtroom because it encouraged jury to focus on victim rather than the defendant.
-decision should not rest on ability to describe incident subjectively which would give defendant little opportunity to rebut

1989

1989

Gathers v SC
-Ruling in Booth extended, stated that any statements made by prosecutors about victim's character would be deemed unconstitutional

1990

1990

Restitution made a punishment unto itself by 48 states

Police academies added domestic violence training

Crime Control Act
-created Victims' Bill of Rights

Clery Act
-required universities to report crimes occurring on campus

California put in place first stalking law

1991

1991

Payne v TN
-The Eighth Amendment of the United States Constitution does not per se bar a State from permitting the admission of victim impact evidence.

1992

1992

Family violence and Prevention Service Act

Hate Crimes Statistics Act

1993

1993

Reauthorized to create protections
-Mandatory reporting
-Social services involved, especially in self neglect

1994

1994

VAWA (Violence Against Women Act)
-$1.2 billion between 1995-2000
-Criminal justice responses to violence against women
-services in the community
-public safety measures
-education, health, and data services

STOP
-Services and Training for Officers and Prosecutors

Model Code on Domestic and Family Violence by National Council of Juvenile and Family Court Justices

Child Abuse Registry launched
-if child comes into ER, doctor would call the registry to see if the child is in other ERs for similar charges

1996

1996

Implementation of the National Domestic Violence Hotline

Community Notification Act (Megan's Law)

1997

1997

Victims' Rights Clarification Act

Kansas v Hendricks
-stated it was not punitive to commit a crime, it was treatment purpose for sexually violent predator commitment

1998

1998

Crime Victims with Disabilities Act

New Directions Report
-most recommendations went to prosecutors, others went to police/judiciary

Office of victims of crime made recommendations for civil victims

2000

2000

VAWA II - $3.3 billion over 5 more years
-Renewal required cross-jurisdictional honor of TRO
-Demanded efficacy for continued funding of existing programs
-Expanded original STOP programs

Victims of trafficking and violence prevention act (uniform nationally)

2001

2001

2/3 of the states held constitutional right to compensation

Thomas v Commonwealth
-"vengeance does not have any positive impact on the community because death sentences do not promote respect and love for human life"

2002

2002

Special Federal victim compensation
-qualifications included individuals being at the World Trade Center or the Pentagon at the time of the 9/11 attack

2003

2003

Amber Alert went national

National office on violence against women by DOJ

Smith et al v Doe et al
-Did not want website information or photographs
-upheld the registry

2004

2004

January became stalking awareness month

An estimated 380,000 cases of abuse and neglect of the elderly

2005

2005

National online sex offender registry commissioned

Combat against trafficking

Only 38.3 percent of victims of sexual assault/rape reported offense to police

2006

2006

Adam Walsh Child Protection and Safety Act
-standards of information

FBI reported there were 92, 455 cases of rape

Victims of violent crime and their families received benefits totaling $444 million

2007

2007

Crime Victims' Rights Rules Act
-guaranteed victim rights and guidance in federal court

2008

2008

Trafficking victim protection reauthorized
-this time worldwide

2010

2010

National Survey of White Collar Crime
-shows 24% of households and 17% of individuals experienced victimization in last 12 months

2013

2013

VAWA reauthorized
-education in teen violence
-barriers removed for LGBT definitions
-expanded stalking definitions

New definition of rape by UCR (January 1st)
-old definition was the carnal knowledge of women against her will

2014

2014

1/13 OVC $8.3 million Boston Marathon bombings support

Interstate compact (ICAOS) Interstate Compact for Adult Offender Supervision
-a new system that allows people to be let known when they are seen for parole

Sexual Assault Kit Backlog Reduction Law - six states and the federal government
-12 states have laws pending on this matter (OVAW)