Victims and Domestic Violence

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

saw that administration of justice suffered due to great economic and mental burdens placed on those who testified in court

Information on Crime Data

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

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.

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

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.

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.

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, noted that the move by feudal barons to claim any compensation offenders pay victims and the transforming society

Schafer, talks about degree of which victim is responsible for their own victimization

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.

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

Those programs were in the prosecutors offices

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.

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.

Luckerbill- talked about homicide as situated transaction, meaning a chain of discrete actions and reactions by the participants caused the homicide.

Rape is an act of physical violence which by its very nature is an affront to privacy

Hindelang, Gottfredson, and Garofalo talk about crimes as a function of the lifestyle of the parties involved

this initiates the introduction of the Family Violence Prevention & Services Act in U.S. Congress

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

President’s Task Force on Victims of Crime recommended that restitution become the norm in criminal cases

state legislation that included a victims bill of rights

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.

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

Tong identified 4 categories, indicating more than one of four types occurs withing same abusive relationship

Report by NIJ

Sheman and Berk concluded this

this is within the Federal Bureau of Prisons

Federal government enacted legislation that outlined compensations when federal crimes occurred and also provided more assistance to states with compensation programs

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

Examined the changes needs for data collection and analysis that could assist law enforcement in combating crime.

establishes financial & support assistance to state & local governments

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

Established federal crime victims fund and federal money for state compensation programs

these are in in the U.S. Attorney’s offices

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.

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

DOJ assessment which monitored compliance with Task Force's recommendations

this is to refine a national plan to secure state constitutional amendments for crime victims

this grants victims rights to restitution, victim impact statements & to be treated with dignity & respect

ruled that victim impact statements are unconstitutional and violates 8th amendment

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.

this outlines various forms of prohibited activity, including abuse, neglect, and the unwarranted use of restraints.

to raise awareness about crime & victimization on our nation’s campuses

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

Restitution was either a separate sentence, or an additional requirement to another sentence.

prevents drunk drivers and other offenders from filing bankruptcy to avoid paying restitution or fines

this was to improve victim protection and offender accountability

requires collection of data for crimes motivated by racial, religious, ethnic or sexual orientation prejudice

sponsored by Prevent Child Abuse America, whose goal is to promote child abuse prevention programs

Buzawa and Buzawa took note

requires institutions of higher learning to disclose crime information

requires law enforcement to enter missing children reports to NCIC computer

another membership and advocacy organization of state domestic violence coalitions.

federal reform to protect child victims and witnesses in court settings

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

rules that New York's notoriety-for-profit statute was overly broad & unconstitutional

U.S. representative Ilena Ros-Lehtinen filed this to place victims rights in constitution

urges states to accept expert testimony in cases involving battered women is passed

strikes down Minnesota local hate crime ordinance

includes the campus sexual assault victims bill of rights

Established Federal Bill of Rights for crime victims

requires a waiting period for handgun purchases

new initiatives dealing with the protection of the elderly including an ombudsman program, abuse and neglect prevention programs, and legal assistance.

issued by National Council of Juvenile and Family Court Judges

provided 3.3. billion in grant programs over 5 years to assist states and local communities

authorized over one billion dollars to be applied for domestic violence

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.

National Crime Victimization Survey

banned gun ownership by any person ever convicted of a misdemeanor domestic violence charge

Clinton signs this, providing strengthened antiterrorism efforts, making restitution mandatory in violent crime cases, & expanding compensation & assistance to victims of terrorism at home & abroad

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

this included homeowner's and motor vehicle insurance

enacted to address issue of drug facilitated rape and sexual assault

to include health maintenance organizations

Office of Juvenile Justice & Delinquency Prevention issued this for rights and services to victims of juvenile offenders

Like family violence issues

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

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.

allows victims of DV to file with a secretary of state to establish a fictitious address.

clarifies existing law allowing victims to attend and provide impact during sentencing in both capital & non-capital cases

providing sentencing enhancements and addressing sex crimes against children

passed to gather information about the extent of individuals with developmental disabilities

created address confidentiality programs,allowing program participants the ability to vote by absentee ballot.

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.

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

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

providing full faith/credit for valid orders of protection from other places

this created privileged communication between victims and victim service providers

actually mirrors the battering relationship itself, reinforcing a patriarchal system in which women have power

This legislation required courts to take into account any protective orders when considering the restriction or exclusion of custody or visitation right or duty

effort to deal with baby abandonment and infanticide.

requires mandatory restitution

This education was regarding the effects of domestic violence on children for those offenders and victims with children

this was to provide training to federal law enforcement officers, representing 70 federal agencies, in basic and advanced Victimology curricula

this was to implement its newly developed domestic violence train-the-trainer program law enforcement officials in rural communities

for immigrant victims

this was to better protect victims of domestic violence and their children.

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.

This includes all 50 states, D.C., U.S. Virgin islands, Puerto Rico, Guam

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.

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

Admitting testimonial statements without affording the defendant the opportunity to cross-examine the witness amount a fundamental violation of the 6th amendment

Provided tools at federal level to enforce rights of crime victims

Found significant utilization of restorative justice programs in the U.S.

included the Sexual Assault Services Program, the first ever funding stream dedicated solely to providing direct services to victims of sexual assault

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

Supreme Court drew a distinction between testimonial and nontestimonial statements that can be used in court

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.

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

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.

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