it institutes fines of monetary compensation for bodily damage, as opposed to the later lex talionis (‘eye for an eye’) principle of Babylonian law; however, murder, robbery, adultery and rape were capital offenses.
Retribution and Restitution. Eye for an Eye
. its reference to offense against a deity rather than against society
enacted laws against wife beating and family violence. These laws were rarely enforced.
The husband has to answer for his wife's misbehavior and is allowed to keep his life in line as well as his children.He gets punished for her wrongdoings and has the right to chastise her.
Mississippi, allows husbands to administer only moderate chastisement in cases of emergency
is an English trusts law case, embodying a simple statement of the "three certainties" principle. This has the effect of determining whether assets can be disposed of in wills, or whether the wording of the will is too vague to allow beneficiaries to collect what appears on the face of the will to be theirs. The case has been followed in most common law jurisdictions.
North Carolina. A husband cannot be convicted of a battery on his wife unless he inflicts a permanent injury or uses such excessive violence or cruelty as indicates malignity or vindictiveness; and it makes no difference that the husband and wife are living separate by agreement.
This amendment provides that all states will provide equal protection to everyone within their jurisdiction. It provides due process under the law and equally provides all constitutional rights to all citizens of this country, regardless of race, sex, religious beliefs and creed.
was the first time the court said husband could not to hit with an open hand, even if wife was drunk or insolent.
rescind the legal right of men to beat their wives
They mandated de jure racial segregation in all public facilities in Southern states of the former Confederacy, with, starting in 1890, a "separate but equal" status for African Americans. The separation in practice led to conditions for African Americans that tended to be inferior to those provided for white Americans, systematizing a number of economic, educational and social disadvantages.
this is , punishable by 40 lashes, or a year in jail.
right to administer moderate chastisement is overruled in Mississippi
condemns a husband's participation in the rape of his wife by a third party.
a husband is convicted of assault with the intent to commit rape. The appellate court overturns the conviction by essentially restating Lord Hale's rule of immunity
American women win the right to vote
Suggested fear stimuli are learned with exception of innate fear stimuli associated with loud noise, loss of support, pain
Information on Crime Data
saw that administration of justice suffered due to great economic and mental burdens placed on those who testified in court
Created different levels of victim contributing causes, first victimologist to engage in this process
outlining bone damage of mysterious origin that he found in some of his patients. His discoveries prompted other doctors to conduct similar investigations
Wolfgang examined this
challenge the country, laying a foundation for the feminist movement.
Termed victimology and victimity. Found a Strong interpersonal relationship b/w victims and offenders. Father of Victimology
Analysis of police homicide reports. Coined term victim precipitation.
Amir by studying Philly police files on rape, found rape to be victim precipitated when males believed female consented to sexual acts but than took back original acceptance.
of their offspring. Kempe and his associates abandoned the term unspecified trauma and introduced a new phrase, the battered-child syndrome.
all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court."
pressure from women's organizations made this established by President John F, Kennedy
Mental and Physical actions began to be questioned as abuse. Created Shelters.
argued that CJ system treated sexual assault victims as offenders
reveals that from September 1965 to March 1966, 46.1% of the major crimes perpetrated against women took place in the home. It also found that police response to domestic disturbance calls exceeded total response for murder, rape, aggravated assault, and other service crimes.
but the plaintiff must establish that a "sufficient" number of beatings have taken place.
The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them.
established restitution and victim compensation
Victimization survey started,along with gathering information on ways to alleviate pain/loss of victims, and the gathering of ideas for community programs that provide victims services
Schafer, talks about degree of which victim is responsible for their own victimization
Schafer, noted that the move by feudal barons to claim any compensation offenders pay victims and the transforming society
addresses the issue of workplace safety in which known as general duty clause.
and demanded that the public take notice of the plight of battered women and the blatant disregard of their needs by the police and the courts.
the problem of telescoping received further consideration of households undertaken by the Bureau of the Census in 1971
Chief Justice Burger wrote a majority opinion that weakened Miranda decision, and caused beginning of trend to limit procedural rights gained by criminals in 1960s
Ryan says people see victims as that there must be something wrong with thm
Amir analyzed rape incidents that took place in Philly
providing funds to states that follow a series of federal protections, known as the "core protections," on the care and treatment of youth in the justice system.
Those programs were in the prosecutors offices
this was to expand victims’ rights & services
Mendelsohn:
Criminal, one's self, social environment, technology, natural environment
Showed that Victim Compensation and Offender Restitution did not have the positive impact on the CJ system that was predicted
Provides more detailed data on victim characteristics
The state of Georgia allowed the imposition of the death penalty of the charge of rape if aggravating circumstances were present.
several sources of gov't funding emerged to supplement private funding for early battered women's shelters.
Rape is an act of physical violence which by its very nature is an affront to privacy
Luckerbill- talked about homicide as situated transaction, meaning a chain of discrete actions and reactions by the participants caused the homicide.
this initiates the introduction of the Family Violence Prevention & Services Act in U.S. Congress
Hindelang, Gottfredson, and Garofalo talk about crimes as a function of the lifestyle of the parties involved
Founded by Frank Carrington, renamed Victims Assistance Legal Organization to promote victims right in both civil and criminal justice systems.
conducted by Sherman and Berk, was first study to test short-term deterrent effect of arrest in domestic violence cases
Final Report offers 68 recommendations to improve the treatment of crime victims, including an amendment to the 6th Amendment of the U.S. Constitution to guarantee victims’ rights to be present & heard at critical stages of judicial proceedings
was passed to help find missing children through FBI National Crime Information Center computer system.
state legislation that included a victims bill of rights
President’s Task Force on Victims of Crime recommended that restitution become the norm in criminal cases
Require federal judge to provide written explanation on why there was no full restitution in a case
was held at national judicial college in reno
The bill is the Crime Victims’ Bill of Rights
Examined the changes needs for data collection and analysis that could assist law enforcement in combating crime.
these are in in the U.S. Attorney’s offices
this is within the Federal Bureau of Prisons
involves faith communities in victim services
establishes the Crime Victims Fund from federal criminal fines & penalties to support state victim compensation & service programs
funds domestic violence programs
establishes financial & support assistance to state & local governments
Sheman and Berk concluded this
Tong identified 4 categories, indicating more than one of four types occurs withing same abusive relationship
Federal government enacted legislation that outlined compensations when federal crimes occurred and also provided more assistance to states with compensation programs
Established federal crime victims fund and federal money for state compensation programs
The court minimizes Lord Hale's theory (1500's), asserting that it was not a law. The court asserts the existence of implied consent to sexual intercourse in marriage, but states that the consent was revocable.
Report by NIJ
Collects Detailed info on 22 categories of crime. This was because of needs to change data and analysis that could help law enforcement in crime
this is to promote rights and needs of crime victims
brought about sweeping national reform of domestic violence laws, including the "Thurman Law" passed in Connecticut, making domestic violence an automatically arrestable offense, even if the victim does not wish to press charges
this grants victims rights to restitution, victim impact statements & to be treated with dignity & respect
this is to refine a national plan to secure state constitutional amendments for crime victims
DOJ assessment which monitored compliance with Task Force's recommendations
this outlines various forms of prohibited activity, including abuse, neglect, and the unwarranted use of restraints.
An Act to reform the law relating to the consequences of birth outside marriage; to make further provision with respect to the rights and duties of parents and the determination of parentage; and for connected purposes.
to raise awareness about crime & victimization on our nation’s campuses
ruled that victim impact statements are unconstitutional and violates 8th amendment
requires states pay benefits to DV victims and drunk driving victims
The advent of the ICVS has opened the door to a wider view of victimization
reaffirms that victim impact statements violate the 8th amendment when applied to penalty phase in capital cases
sponsored by Prevent Child Abuse America, whose goal is to promote child abuse prevention programs
another membership and advocacy organization of state domestic violence coalitions.
requires institutions of higher learning to disclose crime information
this was to improve victim protection and offender accountability
Buzawa and Buzawa took note
federal reform to protect child victims and witnesses in court settings
requires law enforcement to enter missing children reports to NCIC computer
prevents drunk drivers and other offenders from filing bankruptcy to avoid paying restitution or fines
requires collection of data for crimes motivated by racial, religious, ethnic or sexual orientation prejudice
Restitution was either a separate sentence, or an additional requirement to another sentence.
makes the unlawful removing of a child outside the U.S. a federal felony
reverses earlier decisions & rules that testimony & prosecutorial arguments on the victim’s good character & victim impact statements do not violate the defendant’s constitutional rights
U.S. representative Ilena Ros-Lehtinen filed this to place victims rights in constitution
rules that New York's notoriety-for-profit statute was overly broad & unconstitutional
strikes down Minnesota local hate crime ordinance
urges states to accept expert testimony in cases involving battered women is passed
includes the campus sexual assault victims bill of rights
new initiatives dealing with the protection of the elderly including an ombudsman program, abuse and neglect prevention programs, and legal assistance.
requires a waiting period for handgun purchases
Established Federal Bill of Rights for crime victims
Office of Community Oriented Policing Services of the U.S. Department of Justice created because of this act
provided 3.3. billion in grant programs over 5 years to assist states and local communities
issued by National Council of Juvenile and Family Court Judges
authorized over one billion dollars to be applied for domestic violence
States must establish registries of convicted sex offenders or face a reduction in federal criminal justice funding.
National Crime Victimization Survey
banned gun ownership by any person ever convicted of a misdemeanor domestic violence charge
enacted to address issue of drug facilitated rape and sexual assault
Office of Juvenile Justice & Delinquency Prevention issued this for rights and services to victims of juvenile offenders
Clinton signs this, providing strengthened antiterrorism efforts, making restitution mandatory in violent crime cases, & expanding compensation & assistance to victims of terrorism at home & abroad
this included homeowner's and motor vehicle insurance
to include health maintenance organizations
Like family violence issues
Miller went through data including NCVS to attain this
AKA Megan's law. This required states to notify community members when a sexual predator was released back into the community
the Court set forth procedures for the indefinite civil commitment of prisoners convicted of a sex offense whom the state deems dangerous due to a mental abnormality.
clarifies existing law allowing victims to attend and provide impact during sentencing in both capital & non-capital cases
allows victims of DV to file with a secretary of state to establish a fictitious address.
this was to be within the context of individual state standards
legislation was to permit or mandate courts to require participation in treatment programs.
This was to address sanctions for violations of protection orders
passed to gather information about the extent of individuals with developmental disabilities
providing sentencing enhancements and addressing sex crimes against children
created address confidentiality programs,allowing program participants the ability to vote by absentee ballot.
Found that mandatory interventions produced less violence against the family member on whose behalf the arrest was made but at the same time increased level of violence perpetrated on other family members
this is to include protective orders as an aggravating circumstance in sentencing murder, when at the time of killing the defendant was subject to a court order relating to the protection of the victim
Criminalized identity theft and those who identities were stolen were allowed to be considered victims
Office for Victims of Crime update that called for renewed emphasis and refocusing on assisting victims of crime. The report was allowed to be made to persons such as counselors and medical personnel.
effort to deal with baby abandonment and infanticide.
requires mandatory restitution
actually mirrors the battering relationship itself, reinforcing a patriarchal system in which women have power
This education was regarding the effects of domestic violence on children for those offenders and victims with children
this created privileged communication between victims and victim service providers
providing full faith/credit for valid orders of protection from other places
This legislation required courts to take into account any protective orders when considering the restriction or exclusion of custody or visitation right or duty
for immigrant victims
this was to implement its newly developed domestic violence train-the-trainer program law enforcement officials in rural communities
this was to provide training to federal law enforcement officers, representing 70 federal agencies, in basic and advanced Victimology curricula
There may be a disjuncture between the image of the domestic violence unit and the reality that some units merely serve a symbolic role.
this was to better protect victims of domestic violence and their children.
Federal victim compensation program for the victims of 9/11
This includes all 50 states, D.C., U.S. Virgin islands, Puerto Rico, Guam
address issue of rape in correctional institutions
creates a national network of AMBER to facilitate rapid law enforcement & community response to kidnapped or abducted children
new protections against identity theft and helped victims to recover financial losses
Launched by the Centers for Disease control and Prevention. This utilizes records to have a more comprehensive picture of victims, offenders and circumstances.
Admitting testimonial statements without affording the defendant the opportunity to cross-examine the witness amount a fundamental violation of the 6th amendment
Found significant utilization of restorative justice programs in the U.S.
Provided tools at federal level to enforce rights of crime victims
included the Sexual Assault Services Program, the first ever funding stream dedicated solely to providing direct services to victims of sexual assault
Defendant's drug conspiracy sentence is affirmed where: 1) the district court properly calculated defendant's new advisory Guidelines range, and accounted for the 15% substantial assistance downward departure the court previously granted; and 2) while the district court would have been within its discretion to consider further the crack versus powder cocaine disparity in arriving at defendant's sentence, the district court was not required to apply this consideration by lowering defendant's sentence further.
Supreme Court drew a distinction between testimonial and nontestimonial statements that can be used in court
Increased Supervision of sex offenders. Eliminated states limitation for fed prosecution of sexual offense or child abduction. Extended civil remedy for child sex crime victims to people victimized as children even if injuries didnt surface until they became adults
Forfeiture by wrongdoing would be appropriate only if the defendant murdered the victim in a deliberate effort to keep her from testifying against him
Louisiana punished child rape as a capital offense, meaning child rape was death penalty-eligible
Improved ability of law enforcement to prosecute child predators
considers workplace bullying a repeated, health-harming mistreatment of one or more persons (the targets) by one or more perpetrators tat take one or more of the following forms: verbal abuse; offensive conduct/behaviors (including nonverbal) which are threatening, humiliating, or intimidating; work interference – sabotage – which prevents work from getting done
By Barack Obama. He calls upon all Americans to observe this month with programs and activities that help prevent child abuse and provide for children’s physical, emotional, and developmental needs.