CRJS 4476 Senior Seminar

1. CRJS 4476 Senior Seminar • Course Administration • Course outlines • CJSA January 29 dinner • Canadore College next year • Insurance presentation • Class presentations

2. 2. Victims of Crime & Criminal Justice • most comprehensive source of information about • victimization in Canada is the • Personal Risk and Victimization Survey (PRVS) • In 1988, 1993 and again in 1999, Canadians were • asked questions about whether they had • been a victim of a crime and their experiences • with the criminal justice system. • PRVS questions focused on eight types of criminal • victimization; assault, sexual assault, robbery, t • theft of personal property, break & enter, • theft of household property, motor vehicle/parts • theft and vandalism.

3. the results from the 1999 PRVS show that about 25% of Canadians • aged 15 and over were a victim of a crime in 1999 (about 7.6 million), • about the same percentage as in 1993 • According to the PRVS, an estimated 8.3 million criminal events • occurred during 1999. • Public Safety and Emergency Preparedness Canada estimates • that crime costs Canadians more than $46 billion annually, • or about $1500 for every man, woman and child in Canada every year • The total bill for property crimes is estimated to be somewhere • between 4.6 and 11.5 billion annually.

4. Brantingham and Easton estimate that the costs to victims of • violent crime, including productivity losses, hospitalization and • direct monetary losses are in the order of 2.1 billion annually; • add in the costs in term of the ‘shattered lives” of the victims and • the total grows to 15.7 billion annually • In addition to the annual costs, victims may suffer long-term losses • in earnings and occupational attainment. Research by • Ross Macmillan shows that Americans who suffer a violent • victimization during adolescence earn about $82,000 less than • nonvictims; Canadian victims earn $237,000 less.

6. the suffering endured by crime victims does not end when • their attacker leaves the scene of the crime. They may suffer • more victimization by the justice system- known as ‘System Abuse’ • Some sexual assault victims report that the treatment they receive • from legal, medical, and mental health services is so destructive • that they can’t help feeling “re-victimized.” Victims may also suffer • economic hardship because of wages lost while they testify in • court and find that authorities are indifferent to their fear of • retaliation if they cooperate in the offenders’ prosecution. • Victims may suffer stress and anxiety long after the incident is • over and the justice process has been forgotten – as in • posttraumatic stress disorder • Some victims are physically disabled as a result of serious wounds • People who have suffered crime victimization remain fearful long • after their wounds have healed. Even if they have escaped attack • themselves, hearing about another’s victimization may make people • timid and cautious

7. There is growing evidence that crime victims are more likely to • commit crime themselves. Being abused or neglected as a • child increases the odds of being arrested, both as a juvenile and • as an adult.16 Young people, especially those who were physically • or sexually abused are much more likely to smoke, drink, • take drugs and become involved in criminal activities than are • nonabused • The abuse–crime phenomenon is referred to as the cycle of violence. • Research shows that both boys and girls are more likely to engage in • violent behavior if they were (1) the target of physical abuse and • (2) exposed to violent behavior among adults they know or live with, • or exposed to weapons.

8. The PRVS tells us that in Canada, low income households are at a • higher risk for violent victimization. On the other hand, • households that reported an annual income of $60,000 or more • had a greater risk of personal property theft • Individuals and families living in semi-detached, row and duplex homes • have the highest risk for household victimization, while apartment • dwellers and those living in single family dwellings had the lowest rates. • Renters have higher rates of household victimization than home • owners. • Females are four times more likely than males to be a victim of a sexual • assault, and are also more likely to be victims of personal theft. • Males, on the other hand, are at greater risk of being a victim of a • robbery or an assault. • young people face a much greater victimization risk than do older • persons

9. The PRVS tells us that in Canada, low income households are at a • higher risk for violent victimization. On the other hand, • households that reported an annual income of $60,000 or more • had a greater risk of personal property theft • People over 65, who make up about 13 percent of the population, • account for only 2 percent of violent victimizations; • young people 15–24, who also make up about 13 percent of the • population, typically account for more than 30 percent of victimizations. • The poorest Canadians, those with the lowest level of reported • household income, are also the most likely victims of violent crime • Never-married and separated/divorced males and females are • victimized more often than married people. Widows and widowers • have the lowest victimization risk. • Compared to European Canadians, visible minorities and • recent immigrant groups are more likely to experience hate crimes.

10. Individuals who have been crime victims have a significantly • higher chance of future victimization than people who have remained • nonvictims. Households that have experienced victimization in the past • are the ones most likely to experience it again in the future. • Most repeat victimizations occur soon after a previous crime has • occurred, suggesting that repeat victims share some personal • characteristic that makes them a magnet for predators. • Victims report that most violent crimes were committed by a single • offender, almost always male, between the ages of 18 and 34. • In the majority of violent victimization incidents (sexual assault, assault) • the perpetrator was known to the victims, as either a family member • (37%) or a friend/acquaintance/other (36%).

11. 3. Theories of Victimization • According to victim precipitation theory, some people may actually initiate the confrontation that eventually leads to their injury or death. Victim precipitation can be either active or passive. • active precipitation Aggressive or provocative behavior of victims that results in their victimization.] • passive precipitation Personal or social characteristics of victims that make them “attractive” targets for criminals; such victims may unknowingly either threaten or encourage their attackers.] • The basis of lifestyle theories is that crime is not a random occurrence, but rather a function of the victim’s lifestyle – • a lifestyle that increase their exposure to criminal offenders.

12. According to deviant place theory, victims do not encourage crime, but are victim prone because they reside in socially disorganized • high-crime areas where they have the greatest risk of coming into • contact with criminal offenders, irrespective of their own behavior or lifestyle. • According to routine activities theory victimization results from the interaction of three everyday factors: the availability of suitable targets, the absence of capable guardians, and the presence of motivated offenders.

13. 4. Victims • Victim surveys tell us that almost every Canadian over the age of 15 will one day become the victim of a crime, such as theft or break and enter, and in the aftermath may suffer financially and experience mental stress or even physical hardship • In Canada, recognition of the rights of victims in the criminal justice process dates from the 1970’s, when criminal injuries compensation programs were first introduced to provide limited compensation to victims of violent crime. • Victim-Offender Reconciliation Programs (VORPs) began to be implemented in the mid-1970’s. • It was not until the 1980’s and 1990’s, under pressure from women’s advocacy groups and victims’ rights organizations like CAVEAT that the rights of victims were explicitly expressed in criminal justice legislation, policies and practice.

14. In 1983 Bill C-127 introduced the new offence of sexual assault, which included significant provisions for more equitable and humane treatment of victims, including recognition of the fact that sexual assault happens to both women and men; removal of spousal immunity; disqualification of evidence from the victims’ background unless it is proven to be directly relevant; and introduction of new rules of evidence regarding consent, corroboration and recency of complaint • In 1988, the Criminal Code was amended to permit the introduction of a victim impact statement at the sentencing stage, and included an explicit definition of ‘victim’ for this purpose, as follows:

15. Criminal Code S. 722(4): Definition of “victim” – For the purposes of this section, “victim”, in relation to an offence (a) means the person to whom harm was done or who suffered physical or emotional loss as a result of the commission of the offence; and (b) where the person described in paragraph (a) is dead, ill or otherwise incapable of making a statement referred to in subsection (1), includes the spouse or any relative of that person, anyone who is in law or fact the custody of that person or is responsible for the care or support of that person or any dependant of that person.

16. In 1995, further revisions to the Criminal Code were introduced that now require courts to consider victim impact statements at the time of sentencing. • In 1999, Bill C-79 introduced a broader definition of ‘victim’ into Code defined simply as “the victim of an alleged offence”, Bill C-79 included additional amendments that require that officials in the criminal justice system ensure “the safety and security of any victim of or to the offence”, including considerations in relation to granting bail and imposing special conditions on a bail release. • Other recent changes to the Criminal Code that reflect the recognition of victim rights include the use of publication bans to protect the identity of sexual assault victims and children; the use of videotaped testimony for children who are victims/witnesses; the imposition of victim surcharges as an additional component of sentencing in order to funds victim assistance programs; the ordering of restitution for victims; and victim notification of ‘faint hope clause’ hearings for offenders serving a life sentence.

17. Some of the key changes in legislation have resulted in an effort to consider a victim’s safety in bail decisions - Bill C – 79 (1999) • Also, facilitation of testimony, publication bans, provisions for • sexual assault victims, especially in relation to the definition of • consent (restrictions on ‘honest mistake’, restrictions on • introduction of evidence re: complainant) • Recognition of victims in sentencing decisions with victim • impact statements • Victim surcharges • Restitution • Provision of information about the offender in custody, release dates and locations • Controversy over plea bargining and the role of victims; also • ‘restorative justice’

18. The Corrections and Conditional Release Act, which governs the operations of the Correctional Service of Canada, now contains provisions for the release of information to victims regarding the institution in which the offender is located and any releases from custody and their location. In addition, victims are notified of Parole Board hearings and are allowed to attend and introduce a victim impact statement for consideration in parole decision-making. • Numerous Acts, regulations and policies in each of the provinces and territories contain additional provisions for the support and protection of victims and victims rights. • Since 1999 the federal government has operated the Policy Centre for Victim Issues with the goal of promoting research, new initiatives and awareness of victims and victims rights.

19. 5. Victim Service Programs • victim–witness assistance programs - Government programs that help crime victims and witnesses; may include compensation, court services, and/or crisis intervention. • Compensation - Financial aid awarded to crime victims to repay them for their loss and injuries; may cover medical bills, loss of wages, loss of future earnings, and/or counseling. • Court Services  - Among the victim services now provided through the courts system, VWAP (Victim Witness Assistance Programs) play a key role in providing information, assistance and support to victims and witnesses of crime. • Some provinces have also implemented DVC (Domestic Violence Court) programs that bring together police, Crown Attorneys, VWAP staff, probation staff and others to ensure coordination in prosecution efforts, to ensure the safety and needs of domestic assault victims and their children, and to monitor court outcomes

20. Reconciliation programs are based on the concept of restorative justice, which rejects punitive correctional measures and instead suggests that crimes of violence and theft should be viewed as interpersonal conflicts that need to be settled in the community through noncoercive means. • victim–offender reconciliation programs - Mediated face-to-face encounters between victims and their attackers, designed to produce restitution agreements and, if possible, reconciliation. The first VORP program in North America was established in Kitchener, Ontario in 1974. • Public Education  - More than half of all victim programs include public education programs that help familiarize the general public with their services and with other agencies that help crime victims.

21. Crisis Intervention  - Most victim programs refer victims to specific services to help them recover from their ordeal. Clients are commonly referred to the local network of public and private social service agencies that can provide emergency and long-term assistance with transportation, medical care, shelter, food, and clothing. In addition, more than half of all victim programs provide crisis intervention for victims who feel isolated, vulnerable, and in need of immediate services. • Victims' Rights - Victim advocates argue that crime victims have legal rights that should assure them basic services from the government - In 1988, and again in 2003, the Federal, Provincial and Territorial Ministers of Justice recognized these rights in a “Canadian Statement of Basic Principles of Justice for Victims of Crime’ • Community Organization - Some communities have organized on the neighborhood level against crime. Citizens have been working independently and in cooperation with local police agencies in neighborhood patrol and block watch programs.