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Introduction to Victimology and Victims' Rights Van Der Aa, Suzan
Tilburg University Introduction to victimology and victims' rights van der Aa, Suzan Published in: Strengthening judicial cooperation to protect victims of crime Publication date: 2014 Document Version Early version, also known as pre-print Link to publication in Tilburg University Research Portal Citation for published version (APA): van der Aa, S. (2014). Introduction to victimology and victims' rights. In Strengthening judicial cooperation to protect victims of crime: Handbook (pp. 6-12). Superior Council of Magistracy of Romania. General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Download date: 04. okt. 2021 This publication has been produced with the financial support of the Specific Programme Criminal Justice of the European Union. The contents of this publication are the sole responsibility of the -
Does Imprisonment Deter? a Review of the Evidence
April 2011 Sentencing Advisory Council Donald Ritchie Sentencing Matters Does Imprisonment Deter? A Review of the Evidence Contents Executive summary 1 Background 2 Deterrence in Victoria 4 Deterrence theory 7 General deterrence 12 Specific deterrence 18 Concluding remarks 23 Glossary 24 Bibliography 25 Executive summary Deterrence can be described as the prevention of crime Deterrence theory is based upon the classical economic through the fear of a threatened – or the experience of an theory of rational choice, which assumes that people weigh actual – criminal sanction. General deterrence is aimed at up the costs and benefits of a particular course of action reducing crime by directing the threat of that sanction at all whenever they make a decision. Deterrence theory relies potential offenders. Specific deterrence is aimed at reducing on the assumption that offenders have knowledge of the crime by applying a criminal sanction to a specific offender, in threat of a criminal sanction and then make a rational choice order to dissuade him or her from reoffending. whether or not to offend based upon consideration of Deterrence is only one of the purposes of sentencing in Victoria, that knowledge. determined by section 5(1) of the Sentencing Act 1991 (Vic). The Rational choice theory, however, does not adequately other purposes are: punishment, denunciation, rehabilitation and account for a large number of offenders who may be community protection (incapacitation). considered ‘irrational’. Examples of such irrationality can The scope of this paper is limited to examining the sentencing vary in severity – there are those who are not criminally purpose of deterrence only – it does not present an analysis of responsible due to mental impairment, those who are drug the evidence of imprisonment’s effectiveness in regard to other affected or intoxicated and those who simply act in a way that sentencing purposes. -
POLICING REFORM in AFRICA Moving Towards a Rights-Based Approach in a Climate of Terrorism, Insurgency and Serious Violent Crime
POLICING REFORM IN AFRICA Moving towards a rights-based approach in a climate of terrorism, insurgency and serious violent crime Edited by Etannibi E.O. Alemika, Mutuma Ruteere & Simon Howell POLICING REFORM IN AFRICA Moving towards a rights-based approach in a climate of terrorism, insurgency and serious violent crime Edited by Etannibi E.O. Alemika, University of Jos, Nigeria Mutuma Ruteere, UN Special Rapporteur, Kenya Simon Howell, APCOF, South Africa Acknowledgements This publication is funded by the Ford Foundation, the United Nations Development Programme, and the Open Societies Foundation. The findings and conclusions do not necessarily reflect their positions or policies. Published by African Policing Civilian Oversight Forum (APCOF) Copyright © APCOF, April 2018 ISBN 978-1-928332-33-6 African Policing Civilian Oversight Forum (APCOF) Building 23b, Suite 16 The Waverley Business Park Wyecroft Road Mowbray, 7925 Cape Town, ZA Tel: +27 21 447 2415 Fax: +27 21 447 1691 Email: [email protected] Web: www.apcof.org.za Cover photo taken in Nyeri, Kenya © George Mulala/PictureNET Africa Contents Foreword iv About the editors v SECTION 1: OVERVIEW Chapter 1: Imperatives of and tensions within rights-based policing 3 Etannibi E. O. Alemika Chapter 2: The constraints of rights-based policing in Africa 14 Etannibi E.O. Alemika Chapter 3: Policing insurgency: Remembering apartheid 44 Elrena van der Spuy SECTION 2: COMMUNITY–POLICE NEXUS Chapter 4: Policing in the borderlands of Zimbabwe 63 Kudakwashe Chirambwi & Ronald Nare Chapter 5: Multiple counter-insurgency groups in north-eastern Nigeria 80 Benson Chinedu Olugbuo & Oluwole Samuel Ojewale SECTION 3: POLICING RESPONSES Chapter 6: Terrorism and rights protection in the Lake Chad basin 103 Amadou Koundy Chapter 7: Counter-terrorism and rights-based policing in East Africa 122 John Kamya Chapter 8: Boko Haram and rights-based policing in Cameroon 147 Polycarp Ngufor Forkum Chapter 9: Police organizational capacity and rights-based policing in Nigeria 163 Solomon E. -
Criminology Penology and Sentencing Human Right
Criminology Penology and Sentencing Human Right Dimensions of Punishment and Sentencing Component - I (A)- Personal Details Role Name Affiliation Principal Investigator Prof(Dr) G S Bajpai Registrar National Law University Delhi Paper Coordinator Mr. Neeraj Tiwari Assistant Professor, National Law University Delhi Content Writer/Author Mr. Manwendra Kumar Assistant Professor, Tiwari RMLNLU, Lucknow Content Reviewer Prof. BB Pande Former Professor, Faculty of Law, Delhi University Component - I (B)- Description of Module Subject Name Criminology Paper Name Penology and Sentencing Module Name/Title Human Right Dimensions of Punishment and Sentencing Module Id Criminology/Penology & Sentencing/25 Pre-requisites Basic understanding of the Criminal Justice System in India and familiarity with the concept of Human Rights and rationale for punishment in Criminal Law Objectives To understand the interplay between Punishment, Sentencing and Human Rights. To understand why theorising the idea of punishment and sentencing in relation to human rights will always be contested Key Words Punishment, Sentencing, Human Right, Imprisonment, Degrading Punishment, minimum sentence, maximum sentence, Sentencing Discretion, Concurrent Sentences, Consecutive Sentences, Individualized Punishment, Execution, Death Row, Inordinate Delay “Trying a man is easy, as easy as falling off a log, compared with deciding what to do with him when he has been found guilty.” - Justice Henry Alfred McCardie 1. Introduction Punishment in law is the moral condemnation and denunciation by the society of the offence committed by the offender. Modern Penology, however, also insists on the individualization of punishment by insisting that sentencing must not be based solely on the aspects of crime committed but also on the elements attributable to the criminal. -
Introduction to Criminology
PART 1 © Nevarpp/iStockphoto/Getty Images Introduction to Criminology CHAPTER 1 Crime and Criminology. 3 CHAPTER 2 The Incidence of Crime . 35 1 © Tithi Luadthong/Shutterstock CHAPTER 1 Crime and Criminology Crime and the fear of crime have permeated the fabric of American life. —Warren E. Burger, Chief Justice, U.S. Supreme Court1 Collective fear stimulates herd instinct, and tends to produce ferocity toward those who are not regarded as members of the herd. —Bertrand Russell2 OBJECTIVES • Define criminology, and understand how this field of study relates to other social science disciplines. Pg. 4 • Understand the meaning of scientific theory and its relationship to research and policy. Pg. 8 • Recognize how the media shape public perceptions of crime. Pg. 19 • Know the criteria for establishing causation, and identify the attributes of good research. Pg. 13 • Understand the politics of criminology and the importance of social context. Pg. 18 • Define criminal law, and understand the conflict and consensus perspectives on the law. Pg. 5 • Describe the various schools of criminological theory and the explanations that they provide. Pg. 9 of the public’s concern about the safety of their com- Introduction munities, crime is a perennial political issue that can- Crime is a social phenomenon that commands the didates for political office are compelled to address. attention and energy of the American public. When Dealing with crime commands a substantial por- crime statistics are announced or a particular crime tion of the country’s tax dollars. Criminal justice sys- goes viral, the public demands that “something be tem operations (police, courts, prisons) cost American done.” American citizens are concerned about their taxpayers over $270 billion annually. -
A Conceptual Overview of Deviance and Its Implication to Mental Health
International Journal of Humanities and Social Science Invention ISSN (Online): 2319 – 7722, ISSN (Print): 2319 – 7714 www.ijhssi.org || Volume 2 Issue 12 || December. 2013 || PP.01-09 A Conceptual Overview of Deviance and Its Implication to Mental Health: a Bio psychosocial Perspective Nalah, Augustine Bala1, Ishaya, Leku Daniel2 1-Behavioural Health Unit, Psychology Department, Faculty of Social Sciences, Nasarawa State University, Keffi – Nigeria; 2- Department of Sociology, Faculty of Social Sciences, Nasarawa State University, Keffi –Nigeria; ABSTRACT: This research paper is a conceptual overview of deviance and its implications to mental health and well-being. The study conceptualized and theorized deviance and mental health through the sociological, biological, and psychological dimensions. All theories agreed that deviant behaviour begins from childhood through old-age. This suggests a deviation from behaviour appropriate to the laws or norms and values of a particular society. This makes deviance to be relative, depending on the society and individual. Mental illness and Post-Traumatic-Stress-Disorder (PTSD) as the inflicted or labelled deviants are unable to cope. The behavioural aftermath of PTSD typically involves increased aggression and drug and alcohol abuse, which could lead to anxiety, depression, insomnia, plus memory and cognitive impairments or mental disorder. The paper recommends policymakers in collaboration with behavioural health specialists (Clinical psychologists), should focus on developing and implementing social learning preventive and reformative programmes through role playing, behaviour modification, social support system, and peer and group psychotherapy among others. Keywords: Conduct disorder, deviance, mental health, post-traumatic-stress-disorder, psychological trauma, I. INTRODUCTION The social understanding of the study of deviance and crime examine cultural norms; how they change over time, how they are enforced, and what happens to individuals and societies when norms are broken. -
Encyclopedia of Criminological Theory
Encyclopedia of Criminological Theory Lombroso, Cesare: The Criminal Man Contributors: Francis T. Cullen & Pamela Wilcox Print Pub. Date: 2010 Online Pub. Date: November 23, 2010 Print ISBN: 9781412959186 Online ISBN: 9781412959193 DOI: 10.4135/9781412959193 Print pages: 561-566 This PDF has been generated from SAGE knowledge. Please note that the pagination of the online version will vary from the pagination of the print book. SAGE Copyright ©2013 SAGE knowledge 10.4135/9781412959193.n155 University of Cincinnati Cesare Lombroso, who lived from 1835 to 1909, was an Italian physician best known for his studies [p. 561 ↓ ] in the field of criminal anthropology and his theories of the “criminal type”—an individual whose physical structure and psychological characteristics possessed the atavistic and degenerative traits that differentiated him from the civilized, socially well-adjusted human. Lombroso is also remembered for shifting the focus of legal thinking from crime to the criminal, and his theory on the constitutional and hereditary roots of criminal conduct. His theories have heavily influenced developments in criminology throughout both Europe and the United States, although they have been challenged and often discredited. His most famous work, L'uomo delinquente (The Criminal Man), considered by many historians the founding text of modern criminology, went through five editions between 1876 and 1897, and during Lombroso's lifetime was translated into French, German, Russian, and Spanish. Each edition contained additional data, observations, and illustrations: the first edition was a reasonably short volume of 255 pages; the last edition consisted of four volumes and was 1,902 pages long. Short Biography Lombroso, born Ezechia Marco, came from a Jewish family in Verona that had lived in North Italy for generations. -
Editoria Our Decision in This Respect
place the head of Lombroso on the cover of this issue of Criminal Justice Matters and to furnish the ensuing pages with further Lombrosian imagery. Three factors influenced editoria our decision in this respect. First, many continue to practice criminology within the criminology and its uses confines of the positivist project — albeit in more sophisticated ways. For these academics and practitioners, the The cover of this issue presents a somewhat gruesome cover could be interpreted as reflecting the preservation of photograph of the pickled head of Cesare Lombroso, such thinking throughout the twentieth century. Second, others preserved for all to see in the Museum of Criminal have been critical of the positivist project, both past and Anthropology — Cesare Lombroso in Turin. As many of our present — indeed many of the contributors to this present readers will know, Cesare Lombroso (1835-1909) is the issue map a somewhat fragmentary picture of the contours of founder of 'a science of the criminal' if not of the science of much criminological thought. In doing so, these contributions criminology. Nevertheless, the influence of his scuola positiva raise a number of questions about the positivist enterprise in on the development of a criminological enterprise has been general and its achievements in particular. For them, the enormous. preserved image of Lombroso's head will symbolise the For those readers unable to recall the work of Lombroso, a preservation only of external features rather than integral brief review will have to suffice. The changing nineteenth thought. Third, others have expressed a desire to move beyond century saw advances in the physical and natural sciences the boundaries of modern criminological thought and to alongside external social and economic developments; within acknowledge various hitherto neglected avenues for future this context Lombroso and his colleagues Ferri and Garofalo discussion and analysis. -
Criminal Prosecution and the Rationalization of Criminal Justice
-- Criminal Prosecution and The Rationalization of Criminal Pixstice Final Report William F. McDonald National Institute of Justice Fellow National Institute of Justice U.S. Department of Justice December, 1991 Acknowledgments This study was supported by Grant No. 88-IJ-CX-0026 from the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice to Georgetown University which made possible my participation in the NIJ Fellowship Program. It was also supported by my sabbatical grant from Georgetown University, which allowed me to conduct interviews and observations on the Italian justice system. And, it was supported by a travel grant from the Institute of Criminal Law and Procedure, Georgetown University Law Center. I would like to acknowledge my appreciation to the many people who made this entire undertaking the kind of intellectually and personally rewarding experience that one usually only dreams about. I hope that their generosity and support will be repaid to some extent by this report and by other contributions to the criminal justice literature which emerge from my thirteen months of uninterrupted exploration of the subject of this Fellowship. In particular I wish to thank James K. (Chips) Stewart, Joseph Kochanski, Bernard Auchter, Richard Stegman, Barbara Owen, Antonio Mura, Antonio Tanca, Paolo Tonini, Gordon Misner, and Samuel Dash and the anonymous NIJ reviewers who found my proposal for the Fellowship worth supporting. Points of view or opinions are those of the author and do not necessarily represent the official position of policies of the U.S. Department of Justice Georgetown University or any of the persons acknowledged above. -
CRIMINOLOGY Penology and Sentencing Sentencing As The
CRIMINOLOGY Penology and Sentencing Sentencing as the Means of Insuring Victims Justice Component – I (A) - Personal Details Role Name Affiliation Principal Investigator Prof(Dr) G S Bajpai Registrar National Law University Delhi Paper Coordinator Neeraj Tiwari Assistant Professor, National Law University, Delhi Content Writer/Author Nikhil Kashyap Assistant Professor, Amity Law School, Amity University, Noida, UP Content Reviewer Prof. BB Pande Former Professor, Faculty of Law, Delhi University Component - I (B) - Description of Module Description of Module Subject Name Criminology Paper Name Penology and Sentencing Module No. Criminology/Penology & Sentencing/23 Module Name/Title Sentencing as the means of insuring victim justice Pre-requisites Basic knowledge of criminal procedure and trials. Objectives The student will be able to argue the importance of Sentencing. The student will be able to appraise the importance of victim at the stage of sentencing The student will be able analyze the necessary steps that are required to realize the goal of restorative justice at the stage of sentencing. Keywords Sentencing, Victims, Justice 1. Introduction Sentencing is a very crucial part of criminal trial. It is indeed the last part of the trial. Sentencing takes place after the conviction is made against the accused. There are various purposes of sentencing. They are as under: Deterrence Protection of Society Sentencing Denunciation Rehabilitation Deterrence refers to the process of avoiding similar future criminal conduct. Denunciation refers to the act of society that shows the feeling of hatred for the crime committed. Rehabilitation is the process by which the offender is reformed and rehabilitated to be a part of civil society. -
The Coverage of Biological Arguments in Criminology Textbooks, 1961 to 1970 and 1987 to 1996
Journal of Criminal Justice, Vol. 26, No. 1, pp. 1-19, 1998 Copyright © 1998 Elsevier Science Ltd Pergamon Printed in the USA. All rights reserved 0047-2352/98 $19.00 + .00 PII S0047-2352(97)00050-0 TABOO UNTIL TODAY? THE COVERAGE OF BIOLOGICAL ARGUMENTS IN CRIMINOLOGY TEXTBOOKS, 1961 TO 1970 AND 1987 TO 1996 RICHARD A. WRIGHT Department of Criminology, Sociology, Social Work, and Geography Arkansas State University State University, Arkansas 72467 J. MITCHELLMILLER College of Criminal Justice University of South Carolina Columbia, South Carolina 29208 ABSTRACT In American criminology throughout most of the twentieth century, biological arguments that link biochemistry, genetics, and~or neurophysiology to crime have been viewed as taboo: unthinkable and unmentionable. Despite this reputation, biological perspectives have resurged in the last two decades, reshaping theory and research in criminology. This article examines the changes in the taboo image oJ biological arguments in fifty-five introductory criminology textbooks: twenty published from 1961 to 1970 and thirty-five appearing from 1987 to 1996. The data show that the taboo surrounding biocrimi- nology appears to be diminishing in textbooks: Newer texts devote more coverage to biological perspec- tives and are more likely to claim that there is at least some empirical evidence supporting these argu- ments. Furthermore, criminology textbooks that embrace interdisciplinary orientations are less likely to depict biological arguments as taboo than books that endorse sociological, and especially critical socio- logical orientations. © 1998 Elsevier Science Ltd INTRODUCTION 1914), Charles Goring (1913), and especially Cesare Lombroso (1876, [1912] 1968). (See also It is often observed that the modern disci- Sellin, 1992; Wolfgang, 1972). -
Legislative Guides for the Implementation of the United Nations Convention Against Transnational Organized Crime and the Protocol Thereto
Vienna International Centre, PO Box 500, A 1400 Vienna, Austria Tel: +(43) (1) 26060-0, Fax: +(43) (1) 26060-5866, www.unodc.org LEGISLATIVE GUIDES FOR THE IMPLEMENTATION OF THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOL THERETO Printed in Austria V.04-50413—August 2004—copies UNITED NATIONS UNITED NATIONS OFFICE ON DRUGS AND CRIME DIVISION FOR TREATY AFFAIRS LEGISLATIVE GUIDES FOR THE IMPLEMENTATION OF THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS THERETO UNITED NATIONS New York, 2004 Note Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. Information on paths and links to Internet sites contained in the present publication are provided for the convenience of the reader and are correct at the time of issue. The United Nations takes no responsibility for the continued accuracy of that information or for the content of any external web site. UNITED NATIONS PUBLICATION Sales No. E.0000000 ISBN 000000000 Acknowledgements The present legislative guides are the product of a broad participatory process involving invaluable input from numerous experts, institutions and government representatives from all regions of the world, who contributed to the guides a wealth of knowledge and expertise, together with significant enthusiasm and personal and professional commitment. The Secretariat acknowledges their efforts with profound gratitude. The Secretariat wishes to extend its thanks to the drafters of the guides, Nikos Passas, Freddy Gazan, Christopher Ram and Karen Kastner, who spent many hours researching and updating the material, and to the groups of experts for their active involvement and participation throughout the project (the list of experts is presented below).