Law: Victims and Criminal Justice - Essay Example

Critically evaluate the role played by Victim Support in assisting victims of crime and advocating for reforms on their behalf. Victim Support is a non-governmental national charity that helps victims of crime cope with their trauma. Victim Support has offices scattered across the length and breadth of United Kingdom. Volunteers form the core of the organization. They assume a varied range of roles – from being confidants to victims, informing them about their rights, advising victims on the ideal legal course of action, acting as liaisons for related organizations, etc. Over the years, Victim Support has grown in stature and reputation. So much so that its services are recognized by police departments, in spite of the fact that it does not a government agency. Victim Support extends its help to all people residing in the United Kingdom, irrespective of their race, ethnicity or place of origin. More importantly, in spite of its popular recognition, the organization maintains its independence from executive and judicial branches of governance. In recent years, this national charity has come to the aid of nearly 250,000 primary and secondary victims across the UK (Newburn, 2006). Victim Support provides comprehensive guidance to victims of crime; right from the time of the incident to after court situations. Many people have apprehensions in speaking openly to police officers about the trauma they were subject to. There could be many reasons for this, including the perception that police personnel are apathetic and businesslike in their approach to domestic violence. Also, police officers are caught up with more serious criminal offences that they tend to treat domestic violence as trivial and insignificant. Nevertheless, the severity and significance of any episode of crime and abuse is only known to the victims themselves. Victim Support recognizes this fact and dedicates a lot of its resources in providing personal support in the form of post trauma counselling, etc (Shepherd, 1998). Victim Support volunteers make it easy for the victims (both primary and secondary) by assuring them of confidential and non-judgmental support. Victim Support primes the victims as to what to expect from the criminal justice system and various courses of actions that they can take legally. Most victims of crime are not in a condition to report of domestic violence immediately after the incident. Understanding this limitation on part of the victims, Victim Support provides counselling services irrespective of the elapsed time. It also gives help-seekers the option not to disclose their identity. For example, victims of hate crimes like racial incidents and crimes against lesbians and gays are of a sensitive nature. Taking this into account, Victim Support provides its services for anonymous reporters of incidents of violence. In this respect, Victim Support has played a stellar role so far (Mawby, 1991). Victim Support understands the importance of pecuniary compensation for victims of crime. Although such compensation will not negate the difficulties subsequent to a traumatic event, they at least give financial support to the recovering victim at a much needed time. Compensation can essentially be warranted for personal injuries and damage to properties. Victim Support volunteers are well-versed in legislations pertaining to compensations and instruct the victims as to the ideal course of legal action that would fetch them fair, just and much needed financial support. The organization does a commendable work in helping the victims sue their offenders (Schafer, 2006). The most admirable thing about this charitable organization is its endeavours toward preventing domestic crimes in the first place. For example, people who were victims of crime are more likely to be subject to similar crimes in the near future. Victim Support works alongside local agencies and the police department in providing crime prevention advice and may even run specialist services such as lock fitting. Local Neighbourhood Watch Schemes are drawn as well, to nip potential crimes in their initial stages (Temkin, 1990). Of all the services that Victim Support provides, its role as a public lobby with the Home Office is the most important. Recognizing the fact that sound legislation goes a long way toward curbing violent tendencies, the organization is always on the look out for changes, amendments and revocations of laws pertaining to domestic crime and violence. In this way, Victim Support plays a broader role, influencing the lawmakers and public representatives alike. Hence, Victim Support is just a passive outfit, but a proactive advocacy organization that is always pushing for reforms in legal and judicial spheres (Whitehouse, 2001). Victim Support’s role in reforming the criminal justice system is a very commendable one. It has been a pioneer in setting standards for the treatment of primary and secondary victims and in campaigning for the implementation of those new standards. Volunteers working with Victim Support come from a broad range of professional and socio-economic backgrounds. Yet, all its operations are seamlessly integrated. For example, “The organization works closely with professionals in the criminal justice system and beyond, and with a wide range of government departments, statutory and voluntary organizations. They put to use their professional contacts to represent the interests of victims and witnesses and to influence national policy.” (Corbett, 2001) In effect, the national charity plays a proactive role in participating and working alongside “victim-related committees” in addition to working with other government agencies. At times, the organization’s volunteers try helping the judicial process by acting as witnesses themselves. Over the years, it has “responded to government and other organizations’ consultation documents and draft legislation” (Corbett, 2001). A team of dedicated researchers prepare statistics reports and other scholarly documents in order to keep all stakeholders informed about the prevailing conditions. Volunteers also conduct seminars and conferences to educate the general public about their rights. So, overall, the national charity in question has done impeccable work toward achieving its stated objectives and helps reduce crime related victimization across the United Kingdom (Smith, 2007). Victim Support has an impressive array of achievements to its credit over the years. Its role in the conception and implementation of Victims’ Charter is a remarkable one. The organization has been instrumental in enacting the Protection from Harassment Act, Family Law Act, Youth Justice and Criminal Evidence Act and the Criminal Justice and Court Services Act. Victim Support’s lobby activities have also influenced Lord Justice Auld’s Review of the Criminal Courts. The national charity has also contributed to the framing of domestic violence Safety and Justice, a Home Office initiative. Furthermore, it played a decisive role in the enacting of Criminal Justice Act and the Sexual Offences Act (Smith, 2007). Victim Support has also had success in bringing about changes in social policies. For example, “In February 2002 Victim Support launched a major new policy document as the focus for Victim Support Week. The new report, Criminal neglect: no justice beyond criminal justice, recognised that a lot had been achieved for victims of crime within the criminal justice system, but that victims special needs are hardly recognised in most other areas of social provision, such as health, housing and education.” (Corbett, 2001) Also, when the government put forth its proposal to appoint an independent Commissioner for primary and secondary victims, Victim Support brought attention to a few deficiencies in the proposal. Subsequently, its suggestions have been incorporated in the Domestic Violence, Crime and Victims Bill. The independent charity has also played a pivotal role in the governments strategy for primary and secondary victims. The culmination of this cooperative effort was the publication of a new deal for victims and witnesses in 2003. So, in the final analysis, Victim Support’s role in public policy reform as well as its role in assisting victims of crime has been an invaluable one and deserving of merit. Explain the secondary victimisation experienced by victims of sexual assault and domestic violence, and critically evaluate recent reforms to eliminate or reduce such secondary victimisation. You do not have to explain the reforms in detail, but you must demonstrate that you understand their significance (or lack thereof) in eliminating or reducing secondary victimisation. Victimization can be either primary or secondary. In the latter case, the victim suffers from the consequences of the initial trauma. In other words, the Victim “suffers from psychological and social damages by negative reactions of criminal justice system, families, friends, and media”. Psychological affectation as a result of witnessing a traumatic event can also be called secondary victimization. The Criminal Law of the UK did not deal with this aspect of violent crime until recently. As a result laws pertaining to secondary victimization are inadequate and do not always lead to fair and balanced justice (Schafer, 2006). Usually, secondary victimization cases don’t get proper understanding from the concerned authorities. For example, police officers are known to misunderstand the nature of sexual violence, carry out their interviews in inappropriate methods and environments. Sometimes, police officers supersede their realm of authority and offer settlements to the primary and secondary victims of crime. There is also a trend in the UK, where prosecutors and interrogators hold a negative bias toward the parties involved in the criminal act (Schafer, 2006). A very common manifestation of secondary victimization is through “victim responsibility”, where the victim is shown to be the instigator of the criminal act in the first place. Such attributions are all the more common in rape cases. Research consistently points out that victims may experience secondary victimization and perpetrators may be handed disproportionately lighter sentences or even be absolved of the accusation. Despite new legislations, guidelines and practices in the UK with respect to rape crimes, attrition rates remain extremely high. One of the research findings states the following: “Twenty-three interviews were conducted with professionals and paraprofessionals who work with sex offenders. The taped therapy sessions of a prison treatment group were the source of perpetrator talk. Discourse analysis identified the existence of two discourses; the discourse of desire and the discourse of commonsense. Separately and together, these discourses served to attribute some responsibility to the victim and to conceptualize rape as sex.” (Finkelhor, 2005) Secondary victimization can happen in other ways as well. For instance, comprehensive investigation of some key groups related to violent crime - the primary victims themselves, and the broader group of their “families, friends, neighbourhoods, and communities” were carried out. Crimes such a rape (both male and female) need to be handled with tact and understanding. In other words, It is crucial that advanced practice nurses and other medical professionals be aware of indicators of rape and sexual assault in both genders and trained in detecting them. This becomes all the more important “as men are much less likely than women to spontaneously disclose abuse”. Men who are victims of such offences do not get proper attention from healthcare personnel, undermining their potential “to receive appropriate referrals for counselling and treatment”. If the primary trauma is not bad enough, the inability to seek therapeutic redress (psychotherapy) can lead to victimization a second time around. But unfortunately, this area of victim justice is poorly legislated. National charities like Victim Support are at the forefront of the movement for change and reform in the criminal justice system (Sundaram, 2004). Victim Support has an entire division of its operations dedicated to providing counselling help for witnesses or secondary victims of crime. Understanding the fact that witnesses feel apprehensive about going to court irrespective of whether they are directly involved with the incident or not. Victim Support provides “Witness Service”, a program specially designed for secondary victims, in every criminal court in the United Kingdom. Charities like Victim Support are also pushing for legal reforms in this area. For example, the present legal framework does not consider the psychological affectations on defence witnesses. There are also no provisions made for secondary victims who are children. The latter fact is quite significant as the coping skills of children are much weaker than that of the adults, when it comes to stress and trauma (Sundaram, 2004). Office for Criminal Justice Reform (OCJR), a government agency, is the umbrella organization conceived in order to improve and reform the existing criminal justice system. Presently, the agency is coordinating efforts to bring about some necessary changes in the system. One of the main objectives is to make the process of reporting a criminal incident easier for the victims. Being a victim is never easy, but by making the bureaucratic and regimented nature of the criminal justice system an integrated one will help move toward the stated objective. There are a few other areas of redress, including a more rigorous law enforcement system that will “revolutionize compliance with sentences and orders of the court”. The agency has also recommended joining disparate units of the system into a single, modern and efficiently run service. In this context, the OCJR’s vision for the future is quite appropriate. The following passage captures the essence of what OCJR expects in terms of reforms: “To improve the delivery of justice by increasing the number of crimes for which an offender is brought to justice to 1.25 million and; Reassure the public, reducing the fear of crime and anti-social behaviour, and building confidence in the CJS without compromising fairness.” (Turner, 2006) Overall, the deficiencies prevailing in the present criminal justice system are quite clear. Not-for-profit organizations like Victim Support and government agencies like the OCJR have done a stellar job in trying to bring reform ideas into fruition. This would mean that secondary victims get a chance to see the court beforehand and understand procedures pertaining to the courts and get proper guidance and support during the period of litigation. On top of this availability of practical help, both primary and secondary victims have “easier access to people who can answer specific questions about the case (the Witness Service cannot discuss evidence or offer legal advice); and a chance to talk over the case when it has ended and to get more help or information.” (Turner, 2006) Of late, the government of England and Wales has developed several projects to help victims think generally about victimization, and then think about people they know who have been victims themselves. On such a contemplation of their experience of being victims, they gain a perspective on the consequences and aftermath of victimization. Organization such as Victim Support undertakes group therapy sessions with the victims to discuss the trauma of sexual abuse and its aftermath, and to conduct discussions about the misconceptions surrounding rape. Other programmes help prisoners doing service projects to make handicrafts for sale so that their earnings can go toward consolidating other victim empowerment programmes (Ditton, 2006). Still other programmes organise interactions between primary and secondary victims. This is supposed to help “victims’ experience real by allowing them to develop a relationship with their fellow victims, to hear their stories, and to reflect together on how crime affects the lives of many.” In all cases of crime, the perpetrators themselves are victims too. Recognizing this fact, “The International Centre for Prison Studies in the UK initiated a “restorative prison” project in three prisons. One of the four key objectives was to create opportunities for prisoners to perform community service projects in and outside of prisons, such as reclaiming public parkland”. Hence, positive results are already evident as a result of the few reforms made to the criminal justice system. References: Shepherd, Jonathan, and Cathy Lisles., "Towards multi-agency violence prevention and victim support: an investigation of police-accident and emergency service liaison." British Journal of Criminology 38.n3 (Summer 1998): 351(20).  Temkin, Jennifer. "Plus ca change; reporting rape in the 1990s.", British Journal of Criminology 37.n4 (Autumn 1997): 507(20).  Fattah, Ezzat A. "Helping Victims of Crime - the Home Office and the Rise of Victim Support in England and Wales." The British Journal of Sociology 43.n3 (Sept 1992): 494(3). Smith, David J., and Russell Ecob., "An investigation into causal links between victimization and offending in adolescents.(Report). Corbett, Claire. "Helping Victims of Crime: The Home Office and the Rise of Victim Support in England and Wales.", Journal of Law and Society 18.n4 (Winter 1991): 501-505.  Maguire, Mike. "Helping Victims of Crime: The Home Office and the Rise of Victim Support in England and Wales.", International Review of Victimology 2.n3 (Wntr 1993): 262-264.  Mawby, Rob. "Guidelines for Victim Support in Europe: Report of the First European Conference of Victim Support Workers." British Journal of Criminology 31.n2 (Spring 1991): 192-193.  Whitehouse, R. "Helping People Cope with Crime: The Victim Support Handbook." Science & Justice 41.2 (April-June 2001): 127-131. Milgram, N., Stern, M., & Levin, S. (March 2006)., Revenge versus forgiveness/forbearance in response to narrative-simulated victimization., The Journal of Psychology, 140, 2. p.105(15). Brunt, P., & Brophy, K. (Fall 2006)., Gay tourist victimisation.(United Kingdom). International Review of Victimology,, 13, 3. p.275-299.  Turner, H A, Finkelhor, D., & Ormrod, R. (Jan 1, 2006)., The effect of lifetime victimization on the mental health of children and adolescents., Social Science & Medicine, 62, 1. p.13(15). Hetzel, M D, & McCanne, T R (August 2005)., The roles of peritraumatic dissociation, child physical abuse, and child sexual abuse in the development of posttraumatic stress disorder and adult victimization., Child Abuse and Neglect, 29, 8. p.915(16).  Ditton, J., & Chadee, D. (May 2006). Peoples perceptions of their likely fiture risk of criminal victimization., British Journal of Criminology, 46, 3. p.505(14).  Sundaram, V, Helweg-Larsen, K, Laursen, B, & Bjerregaard, P (Jan 2004). Physical violence, self rated health, and morbidity: is gender significant for victimisation?, Journal of Epidemiology & Community Health, 58, 1. p.65(6).  Shepherd, J, Sutherland, I, & Newcombe, R (August 2006)., Relations between alcohol, violence and victimization in adolescence., Journal of Adolescence, 29, 4. p.539-553. Holt, M K, Finkelhor, D., & Kantor, G. K. (May 2007). Multiple victimization experiences of urban elementary school students: associations with psychosocial functioning and academic performance., Child Abuse and Neglect, 31, 5. p.503(13).  Chadee, D., Austen, L., & Ditton, J. (Jan 2007). The relationship between likelihood and fear of criminal victimization: evaluating risk sensitivity as a mediating concept., British Journal of Criminology, 47, 1. p.133(21).  Tseloni, A., & Pease, K. (Nov 2004). Repeat personal victimization: random effects, event dependence and unexplained heterogeneity., British Journal of Criminology, 44, 6. p.931(15). Newburn, T., & Rock, P. (Summer 2006)., Urban homelessness, crime and victimisation in England., International Review of Victimology, 13, 2. p.121-156.  Finkelhor, D., Hamby, S L, Ormrod, R., & Turner, H. (April 2005). The Juvenile Victimization Questionnaire: reliability, validity, and national norms., Child Abuse and Neglect, 29, 4. p.383(30).  Schafer, J A, Huebner, B M, & Bynum, T S (May-June 2006). Fear of crime and criminal victimization: gender-based contrasts., Journal of Criminal Justice, 34, 3. p.285(17).  Finkelhor, D., Ormrod, R K, & Turner, H A (Jan 2007). Poly-victimization: a neglected component in child victimization, Child Abuse and Neglect, 31, 1. p.7(20). Read More