QUIT BLAMING THE VICTIM

•	WHY DO WE NEED VICTIM RIGHTS AND ADVOCATES?
•	WHAT CURRENT RIGHTS DO VICTIMS HAVE IN EVERY JURISDICTION THROUGHOUT THE UNITED STATES?
•	WHY DO WE BLAME VICTIMS FOR WHAT HAPPENS TO THEM?
•	WHY DID THE VICTIMS’ MOVEMENT BEGIN IN 1972?
•	WHAT ARE SOME OF THE VICTIM ADVOCATE’S ETHICAL DILEMMAS?

CURRENT VICTIM RIGHTS
(50 STATES)
1.	VICTIMS' BILL OF RIGHTS
2.	VICTIM IMPACT STATEMENTS
3.	PROTECTION FROM INTIMIDATION
4.	PROMPT PROPERTY RETURN
5.	COMPENSATION
6.  RESTITUTION
CURRENT VICTIM RIGHTS
(MAJORITY OF STATES)
1.	VICTIM ALLOCUTION

2.	PLEA PARTICIPATION

3.	SECURE WAITING ARE

4.	NOTORIETY FOR PROFIT LAWS

REASONS FOR LACK OF RIGHTS
1.	LEGAL CHANGES IN EARLY 1800’S
2.	FOCUS ON DEFENDANT RIGHTS
3.	LACK OF LEGAL STANDING IN COURT
4.	JUST WORLD HYPOTHESIS
5.	INSTITUTIONAL SUPPORT OF VICTIM BLAMING—business, church, government
REASONS FOR VICTIM BLAMING
1.	COGNITIVE DISSONANCE
2.			--Two Opposing Beliefs
1.			--Anxiety
1.			--Anxiety Reduction/Belief Change

2.	ATTRIBUTION THEORY
3.			--Need for Control and Consistency
2.			--Search for a cause for all events
2.			--Internal vs. External
2.			--Fundamental Attribution Error
2.			--Self Serving Bias
	
AMERICAN CULTURAL CHANGES
•	VICTIMS’ MOVEMENT BEGAN IN 1972

•	FOCUSED ON VICTIM DEFENDING

•	WITHIN THE CRIMINAL JUSTICE SYSTEM

•	AT THE GRASSROOTS LEVEL

•	WHY?
PRIMARY EARLY MOVEMENTS
A.  GRANDPARENTS
  1.  Civil Rights Movement
  2.  Anti-War Movement

B.  PARENTS
  1.  Women’s Movement
  2.  Law and Order Movement

TYPES OF SHARED RESPONSIBILITY/VICTIM BLAMING (Schafer)
1.	VICTIM FACILITATION—burglary/auto
2.							       theft

2.	VICTIM PRECIPITATION—rape/child 					         abuse

3.  VICTIM PROVOCATION—spousal 							abuse/bar assaults

VICTIM BLAMING ASSUMPTIONS 

1.	Something is wrong with or different about the victim.

2.	The difference causes (facilitates or precipitates) the crime.

3.	The victim must change their behavior or thinking.

TYPES OF BLAMING
1.	INDIVIDUALISTIC (FREE WILL) VIEW

2.	PSYCHOLOGICAL VIEW—4 Schools

3.	PERPETRATOR’S VIEW

VICTIM DEFENDING ASSUMPTIONS
1.	There is no research that victims differ from non-victims.
2.	Victim blamers overstate facilitation/precipitation and confuse the exceptions with the rule of escalation.
3.	Victim change is difficult.

TYPES OF VICTIM DEFENDING
1.	BLAME THE CRIMINAL (CONSERVATIVE TREND)

2.	BLAME SOCIETY 
3.	     (RADICAL-CRITICAL TREND)

VICTIM ADVOCATE ETHICAL DILEMMAS
1.	VICTIM ADVOCATE OR WITNESS ADVOCATE
2.	CONFIDENTIALITY
3.	LEGAL REPRESENTATION X 2
4.	WITNESS COACHING
5.	MANDATORY RESTITUTION
6.	MANDATORY ARREST

RESTORATIVE JUSTICE FORMULA

RESTITUTION  + REHABILITATION X 2 =

 RECONCILIATION + RECOVERY X 2

REHABILITATION:  WHY IS IT NECESSARY?
1.	NATURAL GRIEVING PROCESS

2.	TWO WAYS TO LOOK AT IT

3.	STAGES AND EMOTIONS

STAGE THEORY
1.	FIGHT/FLIGHT

2.	RECOIL/TURMOIL

3.	ADJUSTMENT

4.	RECONSTRUCTION

ALTERATIONS TO THEORY
1.	TIME LENGTHENS WITH EACH STAGE
2.	TIME LINE VARIES FOR EACH PERSON
3.	CYCLICAL STAGES
4.	DIMINISHES—BUT NEVER GOES AWAY

CRISIS EMOTIONS
(Kubler-Ross)
1.	SHOCK
2.	DENIAL
3.	ANGER
4.	BARGAINING
5.	DEPRESSION
6.	ACCEPTANCE
7.	ASSIMILATION
QUESTIONS REVIEWED
1.	WHY DO WE BLAME VICTIMS?
2.	WHAT VICTIMS’ RIGHTS DO WE HAVE?
3.	WHY DID THE VICTIMS’ MOVEMENT BEGIN IN 1972?
4.	WHAT IS VICTIM BLAMING?
5.	WHY IS REHABILITATION NECESSARY?
6.	OTHER QUESTIONS?