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.
Code of Hammurabi
Retribution and Restitution. Eye for an Eye
Law of Moses
641 B.C.E. - 609 B.C.E.
. its reference to offense against a deity rather than against society
Puritans pass 1st laws against wife beating
enacted laws against wife beating and family violence. These laws were rarely enforced.
William Blackstone:Marital Unity Doctrine
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.
1st 10 amendments of U.S. constitution ratified by the States,went into effect
Bradley v. States
Mississippi, allows husbands to administer only moderate chastisement in cases of emergency
Commentaries on American Law Chancellor James Kent
1826 - 1830
Knight v Knight
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.
Massachusetts court is the first to recognize the spousal rape exemption
Black v State
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.
14th Amendment came into effect
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.
Commonwealth v. McAfee
was the first time the court said husband could not to hit with an open hand, even if wife was drunk or insolent.
Fulgham v State
rescind the legal right of men to beat their wives
Jim Crow Laws
1876 - 1965
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.
Maryland is the first state to pass a law that makes wife-beating a crime
this is , punishable by 40 lashes, or a year in jail.
Harris v. State
right to administer moderate chastisement is overruled in Mississippi
State v. Dowell
condemns a husband's participation in the rape of his wife by a third party.
Frazier v. State
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
First Family court created in Buffalo NY
19th Amendment Passes
American women win the right to vote
Watson proposed a theory of fear
Suggested fear stimuli are learned with exception of innate fear stimuli associated with loud noise, loss of support, pain
crimes involving sex began to be written with regularity
1930 - 1939
The national Commission on Law observance and Enforcement
saw that administration of justice suffered due to great economic and mental burdens placed on those who testified in court
UCR taken over by FBI
Information on Crime Data
Rediscovery of Victims
1940 - 1949
1941 - 1948
Created different levels of victim contributing causes, first victimologist to engage in this process
John Caffey study
outlining bone damage of mysterious origin that he found in some of his patients. His discoveries prompted other doctors to conduct similar investigations
Victims used physical force against perpetrators in 1 out of 4 murder cases
Wolfgang examined this
The civil rights, anti-war and black liberation movements
1950 - 1969
challenge the country, laying a foundation for the feminist movement.
1956 - 1963
Termed victimology and victimity. Found a Strong interpersonal relationship b/w victims and offenders. Father of Victimology
Rape consider victim precipitated
1958 - 1960
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.
Analysis of police homicide reports. Coined term victim precipitation.
Fiirst public denunciation of parents as intentional abusers
1960 - 1963
of their offspring. Kempe and his associates abandoned the term unspecified trauma and introduced a new phrase, the battered-child syndrome.
Legal reforms for protecting and helping victims
1960 - 1969
Mapp v Ohio
all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court."
social scientists acknowledgmetn of feear of crime as an important social issue
1960 - 1969
Commission on the Status of Women
pressure from women's organizations made this established by President John F, Kennedy
New Zealand Passed the first compensation legislation
1964 - 1966
Mental and Physical actions began to be questioned as abuse. Created Shelters.
England Passed compensation legislation
1st Crime victim compensation program established in California
California passed the compensation legislation
1965 - 1969
argued that CJ system treated sexual assault victims as offenders
Beating,becomes grounds for divorce in New York
but the plaintiff must establish that a "sufficient" number of beatings have taken place.
California Begins 1st compensations program in U.S.
Miranda v. Arizona
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.
National Organization of Women (NOW) held its first organizing conference
NY passed the compensation legislation
Study in Chicago
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.
Hawaii passed the compensation legislation
Maine opens one of the first shelters in the United States
nitial pilot studies was the poll sponsored by the NORC
established restitution and victim compensation
Victim services and surveys started
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
end of current Victim Justice System
Schafer, noted that the move by feudal barons to claim any compensation offenders pay victims and the transforming society
Massachusetts passed the compensation legislation
Schafer, talks about degree of which victim is responsible for their own victimization
media focused on whether victims’ names should be included in news stories
1970 - 1979
Occupational Safety and Health Act
addresses the issue of workplace safety in which known as general duty clause.
women’s right movement brought a greater understanding of rape
1970 - 1979
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.
Miranda Decision weakened
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
the problem of telescoping received further consideration of households undertaken by the Bureau of the Census in 1971
Ryan says people see victims as that there must be something wrong with thm
Amir analyzed rape incidents that took place in Philly
First Crime victim compensation program established in Maryland
National Crime Survey launched
NCS also launched a commercial victimization survey
surveys in Netherlands; Zurich, Switzerland; and Stuttgart, Germany
1st victim/witness assistance programs
1974 - 1976
Federal govt provided funding for victim-witness assistance programs
1974 - 1976
Those programs were in the prosecutors offices
First shelters specifically designed for battered women established
Juvenile Justice and Delinquency Prevention Act
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.
National Organization for Victim Assistance founded
this was to expand victims’ rights & services
Battered Wives is published by Del Martin
First Victim impact statement created in California
Five Types of Victims Created
Criminal, one's self, social environment, technology, natural environment
Milwaukee Victim/Witness Project
Showed that Victim Compensation and Offender Restitution did not have the positive impact on the CJ system that was predicted
Supplemental Homicide Reports Created
Provides more detailed data on victim characteristics
Coker v. Gerogia
The state of Georgia allowed the imposition of the death penalty of the charge of rape if aggravating circumstances were present.
Comprehension Employment and Training Act
several sources of gov't funding emerged to supplement private funding for early battered women's shelters.
National Association of Crime Victim Compensation Boards created
Renewed interest in victim actions
Luckerbill- talked about homicide as situated transaction, meaning a chain of discrete actions and reactions by the participants caused the homicide.
Whalen v. Roe
Rape is an act of physical violence which by its very nature is an affront to privacy
Study on individual choice of behavior influences chances of being a victims
Hindelang, Gottfredson, and Garofalo talk about crimes as a function of the lifestyle of the parties involved
The National Coalition Against Domestic Violence is formed
this initiates the introduction of the Family Violence Prevention & Services Act in U.S. Congress
Crime Victims’ Legal Advocacy Institute
Founded by Frank Carrington, renamed Victims Assistance Legal Organization to promote victims right in both civil and criminal justice systems.
media outlets voluntarily excluded rape victims’ names from news accounts
1980 - 1989
Mothers Against Drunk Driving (MADD) founded
Parental Kidnapping Prevention Act passed by U.S. Congress
TRO's became one of the most frequently used legal options for battered women
1980 - 1989
Wisconsis passed the first Crime Victims’ Bill of Rights
Minneapolis domestic violence experiment
1981 - 1982
conducted by Sherman and Berk, was first study to test short-term deterrent effect of arrest in domestic violence cases
President Ronald Reagan proclaims the First Victims’ Rights Week
Argunment that Restitution become norm in criminal cases
President’s Task Force on Victims of Crime recommended that restitution become the norm in criminal cases
British initiated the ongoing British Crime Survey (BCS)
California adopted Proposition Eight
state legislation that included a victims bill of rights
President Reagan appoints the Task Force on Victims of Crime
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
The Federal Victim & Witness Protection Act is passed
The Missing Children’s Act is passed by Congress
was passed to help find missing children through FBI National Crime Information Center computer system.
Victim/Witness Protection Act
Require federal judge to provide written explanation on why there was no full restitution in a case
First National Conference of the Judiciary on Victims of Crime held
was held at national judicial college in reno
International Association of Chiefs of Police adopts bill
The bill is the Crime Victims’ Bill of Rights
President Reagon honors crime victims in First White House Rose Garden ceremony
The Office for Victims of Crime created
U.S. Attorney General established a Task Force on Family Violence
Wisconsin passes First Child Victim & Witness Bill of Rights
1st Victim Services Certification Program established at Cali State University
4 categories of intimate partner abuse
Tong identified 4 categories, indicating more than one of four types occurs withing same abusive relationship
Arrest is best deterrent for spouse abuse
1984 - 1987
Report by NIJ
Arrest is most effective when the batterer is married
Sheman and Berk concluded this
A victim/witness notification system established
this is within the Federal Bureau of Prisons
Federal Victims of Crime Act Passed
Legislation enacted to outline compensation when fed crimes occured
Federal government enacted legislation that outlined compensations when federal crimes occurred and also provided more assistance to states with compensation programs
National Incident Based Reporting System
1984 - 1986
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
National Incident Based Reporting System
1984 - 1986
Examined the changes needs for data collection and analysis that could assist law enforcement in combating crime.
% of large city PD with pro-arrest policies increased from 10 to 46
1984 - 1986
OVC establishes the Office for Victims of Crime Resource Center
President Reagon signs Justice Assistance Act
establishes financial & support assistance to state & local governments
The National Center for Missing & Exploited Children is created
The Spiritual Dimension in Victim Services is founded
involves faith communities in victim services
The Victims of Crime Act is passed
establishes the Crime Victims Fund from federal criminal fines & penalties to support state victim compensation & service programs
U.S. Congress passes the Family Violence Prevention & Services Act
funds domestic violence programs
Victims of Crime Act
Established federal crime victims fund and federal money for state compensation programs
Victim/witness coordinator positions are established
these are in in the U.S. Attorney’s offices
Weishaupt v. Commonwealth
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.
PD mandated training sessions on family violence be part of police academy
1985 - 2000
The National Center for Victims of Crime is founded
this is to promote rights and needs of crime victims
Thurman v. City of Torrington
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
35 states have Victim Compensation Programs
DOJ issued Four Years Later: A Report on the Presidents Task force on VOC
DOJ assessment which monitored compliance with Task Force's recommendations
NOVA convenes a forum
this is to refine a national plan to secure state constitutional amendments for crime victims
Rhode Island passes a constitutional amendment
this grants victims rights to restitution, victim impact statements & to be treated with dignity & respect
States receive funding from VOCA for first time
American Correctional Association establishes a Task Force on Victims of Crime
Booth v. Maryland
ruled that victim impact statements are unconstitutional and violates 8th amendment
Family Law Reform Act
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.
Formation of Nursing Home Reform Act
this outlines various forms of prohibited activity, including abuse, neglect, and the unwarranted use of restraints.
National Domestic Violence Awareness Month is designated
Security on Campus, Inc. is established
to raise awareness about crime & victimization on our nation’s campuses
The National Victims’ Constitutional Amendment Network formed
The National Aging Resource Cenet in Elder Abuse is established
requires states pay benefits to DV victims and drunk driving victims
13 states had enacted mandatory arrest policies for DV perpetrators
45 states enacted compensation statutes
The advent of the ICVS has opened the door to a wider view of victimization
South Carolina v Gathers
reaffirms that victim impact statements violate the 8th amendment when applied to penalty phase in capital cases
48 states had specific legislation in regards to restitution
Restitution was either a separate sentence, or an additional requirement to another sentence.
Circles of Support and Accountability came into existence in Canada
1990 - 1999
Congress passes legislation proposed by MADD
prevents drunk drivers and other offenders from filing bankruptcy to avoid paying restitution or fines
courts began to examine and reinvent court processes
1990 - 1999
this was to improve victim protection and offender accountability
Hate Crime Statistics Act
requires collection of data for crimes motivated by racial, religious, ethnic or sexual orientation prejudice
Hawaii Healthy Start Program began
1990 - 1993
sponsored by Prevent Child Abuse America, whose goal is to promote child abuse prevention programs
lack of prosecutorial support from victims results in low conviction rates.
Buzawa and Buzawa took note
Shift focus to Critical Victimology
1990 - 1999
Student Right-to-Know & Campus Security Act is passed
requires institutions of higher learning to disclose crime information
The National Child Search Assistance Act
requires law enforcement to enter missing children reports to NCIC computer
The National Network to End Domestic Violence
another membership and advocacy organization of state domestic violence coalitions.
Victims of Child Abuse Act
federal reform to protect child victims and witnesses in court settings
InterNational parental Child Kidnapping Act
makes the unlawful removing of a child outside the U.S. a federal felony
OVC began funding/providing technical assistance to state police academies
Payne v Tennessee
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
Simon & Schuster v New York Crime Victims Board
rules that New York's notoriety-for-profit statute was overly broad & unconstitutional
The First Congressional Joint Resolution filed
U.S. representative Ilena Ros-Lehtinen filed this to place victims rights in constitution
Battered Women’s Testimony Act
urges states to accept expert testimony in cases involving battered women is passed
NCS renamed the National Crime Victimization Survey
protective orders available to abused women in 50 states and D.C.
R.A.V.v City of St. Paul
strikes down Minnesota local hate crime ordinance
U.S. Congress re-authorizes the Higher Education Bill
includes the campus sexual assault victims bill of rights
5o states and D.C. passed anti-stalking statutes
Child Sexual Abuse Registry Act
Established Federal Bill of Rights for crime victims
Clinton signs the Brady Bill
requires a waiting period for handgun purchases
HIV testing on sex offenders happened
Reauthorization of the Older Americans Act
new initiatives dealing with the protection of the elderly including an ombudsman program, abuse and neglect prevention programs, and legal assistance.
Model Code on Domestic and Family Violence
issued by National Council of Juvenile and Family Court Judges
VAWA authorizes STOP grants, with required matching state funds
VAWA strengthened federal law against DV, sexual assault, and stalking
provided 3.3. billion in grant programs over 5 years to assist states and local communities
Violence Against Women Act
authorized over one billion dollars to be applied for domestic violence
Violent Crime Control and Law Enforcement Act
Office of Community Oriented Policing Services of the U.S. Department of Justice created because of this act
States must establish registries of convicted sex offenders or face a reduction in federal criminal justice funding.
1995 - 1996
National Crime Victimization Survey
U.S. DOJ issues Attorney General Guidelines for victim/witness assistance
Amendment to the Gun Control Act of 1968
banned gun ownership by any person ever convicted of a misdemeanor domestic violence charge
Antiterrorism & Effective Death Penalty Act
Clinton signs this, providing strengthened antiterrorism efforts, making restitution mandatory in violent crime cases, & expanding compensation & assistance to victims of terrorism at home & abroad
Better understanding of costs and consequences of criminal victimization
Miller went through data including NCVS to attain this
Community Notification Act
AKA Megan's law. This required states to notify community members when a sexual predator was released back into the community
Delaware broadened insurance discrimination
this included homeowner's and motor vehicle insurance
Drug-induced Rape Prevention Act
enacted to address issue of drug facilitated rape and sexual assault
Florida extended insurance discrimination
to include health maintenance organizations
Juvenile Justice Action Plan
Office of Juvenile Justice & Delinquency Prevention issued this for rights and services to victims of juvenile offenders
National College Women Sexual Victimization study was conducted
States enact significant legislation in variety of contexts
Like family violence issues
The National Domestic Violence Hotline is established
4 states enacted laws requiring the certification of programs
this was to be within the context of individual state standards
7 states enacted legislation regarding treatment programs
legislation was to permit or mandate courts to require participation in treatment programs.
federal anti-stalking law is enacted by Congress
Indiana and South Dakota enhanced penal codes
This was to address sanctions for violations of protection orders
Kansas v Hendricks
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.
Nevada amended a confidentiality statute
allows victims of DV to file with a secretary of state to establish a fictitious address.
Victims’ Rights Clarification Act
clarifies existing law allowing victims to attend and provide impact during sentencing in both capital & non-capital cases
Child Protection & Sexual Predator Punishment Act
providing sentencing enhancements and addressing sex crimes against children
Crime Victims with Disabilities Act
passed to gather information about the extent of individuals with developmental disabilities
Florida and California enacted legislation
created address confidentiality programs,allowing program participants the ability to vote by absentee ballot.
Identity Theft and Deterrence Act
Criminalized identity theft and those who identities were stolen were allowed to be considered victims
New Directions from the Field: Victims’ Rights and Services for the 21st Century
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.
Pennsylvania and Kentucky amended their penal codes
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
Rosenbaum substitution effect theory
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
Westside Middle School shooting
23 states were participating in the NCIC protection order file registry
32 states enacted laws
providing full faith/credit for valid orders of protection from other places
Alabama and Tennessee enacted legislation
this created privileged communication between victims and victim service providers
Columbine High School shooting
Mills argument about mandatory intevention
actually mirrors the battering relationship itself, reinforcing a patriarchal system in which women have power
North Dakota amended legislation
This legislation required courts to take into account any protective orders when considering the restriction or exclusion of custody or visitation right or duty
Texas enacts a Safe Haven Law
effort to deal with baby abandonment and infanticide.
Victim Restitution Enforcement Act
requires mandatory restitution
Washington required treatment programs to include education
This education was regarding the effects of domestic violence on children for those offenders and victims with children
January is National Personal Self-Defense Awareness Month
OVC funded the federal law enforcement training center
this was to provide training to federal law enforcement officers, representing 70 federal agencies, in basic and advanced Victimology curricula
VAWA also provided funding to the federal law enforcement training center
this was to implement its newly developed domestic violence train-the-trainer program law enforcement officials in rural communities
Victims of Trafficking & Violence Protection Act
for immigrant victims
26 states and D.C. enacted UCCJEA
this was to better protect victims of domestic violence and their children.
47 states and D.C. made DV a factor in decisions about child custody/visitation
Air Transportation Safety and System Stabilization Act
Federal victim compensation program for the victims of 9/11
There may be a disjuncture between the image of the domestic violence unit and the reality that some units merely serve a symbolic role.
All of US areas established compensation programs
This includes all 50 states, D.C., U.S. Virgin islands, Puerto Rico, Guam
Fair and Accurate Credit Transactions Act
new protections against identity theft and helped victims to recover financial losses
National Violent Death Reporting System
Launched by the Centers for Disease control and Prevention. This utilizes records to have a more comprehensive picture of victims, offenders and circumstances.
Office on Violence Against Women a permanent independent office
Prison Rape Elimination Act
address issue of rape in correctional institutions
Protect act of 2003
creates a national network of AMBER to facilitate rapid law enforcement & community response to kidnapped or abducted children
Crawford v. Washington
Admitting testimonial statements without affording the defendant the opportunity to cross-examine the witness amount a fundamental violation of the 6th amendment
Justice for All Act
Provided tools at federal level to enforce rights of crime victims
The National Institute of Corrections study
Found significant utilization of restorative justice programs in the U.S.
Re-authorization of the Violence Against Women Act
included the Sexual Assault Services Program, the first ever funding stream dedicated solely to providing direct services to victims of sexual assault
Adam Walsh Children Protection and Safety Act
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
Davis v Washington
Supreme Court drew a distinction between testimonial and nontestimonial statements that can be used in court
U.S. v Woods
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.
32 students deaths at Virginia Polytechnic Institute+State University
shooting of two students at Delaware State University
Giles v. California
Forfeiture by wrongdoing would be appropriate only if the defendant murdered the victim in a deliberate effort to keep her from testifying against him
Kennedy v. Louisiana
Louisiana punished child rape as a capital offense, meaning child rape was death penalty-eligible
Protect Our Children Act
Improved ability of law enforcement to prosecute child predators
April as National Child Abuse Prevention Month.
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.
Workplace Bullying Institute
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