In the criminal justice system, the offender-victim overlap is a complex phenomenon where individuals can be both offender and victim. There are many implications when seeking charges and imposing punishment. As well as the implications when a victim knows the offender and is pursuing justice. The offender-victim overlap acknowledges that most individuals who become offenders have been victims themselves. The overlap analyzes how victims become offenders due to many different factors, like trauma and economic disadvantages. In lesson 5, some of the theories of criminality are psychological, which explain how one’s childhood determines their adult behavior (Rio Salado College, n.d., Theories of Criminality). If an individual was exposed to aggression, …show more content…
Whereas the offender-victim overlaps, acknowledge the victimization an offender experiences, which is crucial in practicing restorative justice and rehabilitation. Where the goal is to address the root cause of criminal behavior and reduce recidivism. Understanding the offender-victim overlap is crucial to understanding the complex circumstances an offender experiences that contribute to the cycle of victimization and reoffending (Shaffer, 2003). When charges and punishment are imposed on the offenders, a whole history is considered to better identify what is needed to help rehabilitate the offender and further prevent recidivism. When the offender and victim both know each other, seeking justice is a complex matter. When victims know the offender, challenges emerge when pursuing justice, as it could potentially form a bias due to the relationship. Moreover, the relationship between the two may influence the victim to report the crime and pursue justice. As stated in lesson 6, a relationship between victims and offenders is more likely in violent crime cases, as is the victim’s feeling to blame him or herself for the offender’s actions (Rio Salado College, n.d., Criminals, Victims, and
As Laub and Sampson (2003) analyze crime over the life course, they highlight Terrie Moffitt’s theory and discuss the limitations of her developmental explanation. In Moffitt’s developmental taxonomy, she acknowledges two categories of offenders...
This voluntary alternative gives the offender the opportunity to take responsibility for their actions and identify the impact they have had on their victim, while also giving the victim the chance to confront the offender and take steps to repair the harm done. The victim can ask the offender questions about the crime and the offender may apologise or make amends for their actions. Restorative justice is confrontational and can be difficult for both parties but is proven to help both the offender and victim. While it is confrontational for the victim, for some it can be better than testifying in court. Data shows that restorative justice greatly helps victims in their recovery from the offence. Although the benefits of restorative justice in adult offenders is unclear, it significantly reduces the number of reoffenders in youth. For this reason, restorative justice is mostly used for minor infringements and within the youth justice system.
Victimology is the scientific study of the physical, emotional, and financial harm people suffer from illegal activities. A common struggle Victimologists face is determining who the victim is. In general, crimes don 't have an “ideal victim”. The term ideal victims refer to someone who receives the most sympathy from society (Christie, 2016). An example of this would be a hardworking, honest man who on his way to work, had his wallet taken by force. Most people in society would have sympathy for him. He spent his life making an honest living to earn what he has and was a victim of a robbery. Victimologists study the interactions victims have with criminals, society, and the criminal justice system (Karmen, 2015). According to (Karmen, 2015)
There are always those moments when we make decisions that affect the rest of our lives, turning left when we should have turned right. The difference is that most times we live to regret those decisions unlike Carla and her ill-fated jog to her death. There have been throughout time theories as to why offenders commit crime and what drives them to go against all social norms, but now the discussion in the last 50 years, or so, has been what and how much responsibility the victim has in what makes them an attractive target and how their daily routines can even make then more susceptible to crime. The three theories of victimization I found are the Victim Precipitation theory, the Deviant Place theory, and the Lifestyle theory. Each theory has
As agents of justice and philanthropists of duty one must evaluate the criminal justice system and its approaches to the solution of crime to determine what is good, appropriate, and what will reduce recidivism. As a western society the United States has changed and adapted its judicial system in hopes of conforming to our changing society and the increase in criminal behavior. Through these adaptations emerged a system within criminal justice that changes the focus of rehabilitation of the offender to not only include imprisonment, but to include reconciliation with the victims and the community that the offender harmed. The restorative justice approach takes a look at the crime, the criminal, and the offended; with hopes for healing and justice
Across the world, there are a great deal of people that are likely to become victims of offenses against themselves or their property. The criminal justice system is used to govern crimes and impose penalties on individuals that may violate laws. The criminal justice system is made up of different agencies that include: law enforcement, the courts, and corrections. Within this paper, I will discuss the roles of the prosecutor, the defense attorney, the criminal, and the victim and how victimization affects each role. Also, I will inform you about the goals of sentencing associated with each role. The goals of alternative sanctions will be discussed. I will also let u know what recommendations I have regarding victims’ rights.
... Crime in the Life Course. Retrieved from http://criminology.fsu.edu/center/jjeep/pdf/annual2003/chapter7ar03.pdf Moffitt, T. E. (1993). A Developmental Taxonomy. Retrieved from http://www.psychology.sunysb.edu/ewaters/552-04/slidsets/brian_mcfarland_aggression/moffitt_aggression.pdf Siegel, L. J. (2000).
Therefore, there is a growing need to progress towards the restorative justice (RJ) system. According to RJ perspective, a crime is considered a conflict between individuals that results in harm to victims, communities, and offenders, and so these parties are also involved in responding to it. One of the prevalent programs of the RJ system is the victim-offender mediation (VOM) program. The VOM program is a process which provides interested victims an opportunity to meet the offender, in a safe and structured setting, with the goal of holding the offender directly accountable for their behaviour while providing assistance and compensation to the victims; mediators do not impose settlements. Over the years, the VOM program has proved to be beneficial to both, the victim and the offender.
As the purpose of restorative justice is to mend the very relationship between the victim, offender, and society, communities that embrace restorative justice foster an awareness on how the act has harmed others. Braithwaite (1989) notes that by rejecting only the criminal act and not the offender, restorative justice allows for a closer empathetic relationship between the offender, victims, and community. By acknowledging the intrinsic worth of the offender and their ability to contribute back to the community, restorative justice shows how all individuals are capable of being useful despite criminal acts previous. This encourages offenders to safely reintegrate into society, as they are encouraged to rejoin and find rapport with the community through their emotions and
This approach has introduced a criminal justice policy agenda. In the past, victims to criminal activities have been outsiders to the criminal conflict. In recent times, many efforts have been made to give the victims a more central role in the criminal justice system. Some of these efforts were introduced a few years back, though even at that time, these efforts were seen as long overdue. Some of these efforts include access to state compensation and forms of practical support. For advocates of restorative justice, crime is perceived primarily as a violation of people and relationships, and the aim is to make amends for all the harm suffered by victims, offenders and communities. The most commonly used forms of restorative justice include direct mediation, indirect mediation, restorative cautioning, sentencing panels or circles and conferencing. In recent...
2015). From the way a person talks, to how they view the world around them, this is all individually constructed, and therefore so is crime. Research has proved a strong relationship between whether a child has been abused, and their likeliness for criminal behavior at some point in their life. According to the US Department of Health and Human Services, 15% of all Male inmates in prison experienced some form of abuse as a child, the number grows to an astounding 37% for women in the system (Prather, Walter and Jeannie A. Golden. 2009). This forms a strong case for criminals who experienced this type of abuse and their reasoning for turning to crime (Prather, Walter and Jeannie A. Golden. 2009). Using the Interaction theory, for many of these individual’s extreme abuse was one of the first things experienced in life. They learned it from their parents or other family members, or maybe other children and teachers at school. From verbal to physical abuse, this type of interaction went on to form and become an essential part of their identity and reality. Abuse which was transformed to violence and deviancy whether to earn a living or let out rage upon another person resulting in a heinous
In today’s society, one will find that there are many different factors that go into the development of a criminal mind, and it is impossible to single out one particular cause of criminal behavior. Criminal behavior often stems from both biological and environmental factors. In many cases criminals share similar physical traits which the general population do not usually have. For example criminals have smaller brains than properly adjusted individuals. However biological reasons cannot solely be the cause of criminal behavior. Therefore, one must look to other sources as to how a criminal mind is developed. Social and environmental factors also are at fault for developing a person to the point at which they are lead to committing a criminal act. Often, someone who has committed a violent crime shows evidence of a poorly developed childhood, or the unsuitable current conditions in which the subject lives. In addition if one studies victimology which is the role that the victim plays in the crime, it is apparent that there are many different causes for criminal behavior. Through the examination of biological factors, in addition to the social and environmental factors which make up a criminal mind, one can conclude that a criminal often is born with traits common to those of criminals, it is the environment that exist around them that brings out the criminal within them to commit indecent acts of crime.
Magnusson (1988) and Brofenbrenner (1979) state that social environment in which a person is embedded is essential in the study of their behavior. The theoretical framework of developmental and life course theories of crime allow for the addition of the dynamic element of time and places an emphasis on the longitudinal processes of how the interaction between the individual and his or her social environments constrain and influence behavior.
Criminology is the study of why individuals engage or commit crimes and the reasons as to why they behave in certain ways in different situations (Hagan, 2010). Through understanding the reasons or why an individual commits a crime, one can come up with ways to prevent and control crime or rehabilitate criminals. There exist a large number of criminology theories, some link crime to an individual or person; they believe a person weighs the cons and pros and makes a conscious decision on whether to commit or not commit a felony. Others see the society as having a duty to make sure that its members do not engage in criminal acts by providing a secure and safe living place. Some claim that some people have hidden or dormant characteristics that determine their reaction or behavior when confronted or put in particular negative conditions (Akers & Sellers, 2012). By understanding and studying these theories, together with applying them to people, psychologists and authorities can prevent criminals from committing or repeating crimes and aid in their rehabilitation. As many theories have emerged over time, they continue to be surveyed and explored, both individually and in combination in order for criminologists to develop solutions and eventually reduce the levels and types of crime. The most popular criminology theories emphasize on the individual, positivist and classical traits. This paper will explore the classical theory, which is among the earliest theories in criminology.
Pros of the restorative justice system are that it brings parties together in crime. Instead of a short term goal, the restorative justice system takes a long-term approach to reducing crime and violence using different kinds of methods. In restorative justice programs, offenders work with others affected by their criminal actions. Restorative justice promotes instilling positive behaviors in young criminals and teaching long-lasting changes in behavior to prevent future crimes. There also could be negative consequences from the restorative justice system. For restorative justice to work, criminals and their victims must communicate about the crime and its consequences. Since violent crimes often leave victims feeling helpless and vulnerable, encouraging communication can result in increased anxiety and fear. Additionally, communication might breach confidentiality for victims of violent crimes, such as rape and assault, because they must discuss the outcome of the crime and how it has impacted