scope of contemporary victimology fachri bey
SCOPE OF
CONTEMPORARY
VICTIMOLOGY
Fachri Bey
University of Indonesia
Victimology
• Victimology as an academic
terminology contains two elements :
• One is the Latin word “ Victima”
translates into “victim”
• The other is the Greek word “logos”
means a system of knowledge, the
direction of something abstract, the
direction of teaching, science,
discipline. (Kirchhoff 2005-42)
Cont.
• Victims means a person harmed by a
crime, tort, or other wrongful act .
(Black Law Dictionary 1999)
• Victims are persons threatened,
injured or destroy by an act or
omission of another man/structure,
organization/institution. (Separovic,
1969)
Victim of crime
• Victims means persons who individually
or collectively, have suffered harm,
including physical or mental injury,
emotional suffering, economic loss or
substantial impairment of their
fundamental rights, through acts or
omissions that are in violation of criminal
laws operative with in members state,
including those laws proscribing criminal
abuse of power.(UN Declaration 1985)
• Formulation of the law, regulation,
act thinking, are dedicated only to
the offenders, about how guarantee
their rights, how to educate/train
them properly in correctional
institution, how to protect their rights
before the police officers, district
attorney as well as in trial process
before the judge
• The public prosecutor/district attorney
tend to be extremely careful in indicting
the accused, in as much they are
controlled frequently by the lawyer of the
accused.
• The rights of victims of crime have never
been thinking seriously nor to provide
them the proper and adequate treatment
by the law enforcement authorities.
• The victimologist in the past and in
the present time come from different
academic or professional background :
from sociology, or from law, from
psychiatry or from psychology, from
social work and management.
(Kirchhoff 1995-37)
• Present time also come from medical
doctor, environment, engineering,
geology, biology, geophysics.
• The lawyer of the offenders tend to
(always) talk about the human rights
protection of the offender wich render
the public prosecutor feel uncertain.
• The scope of contemporary victimology
not only in criminal law and criminology
field but has been developed to other
fields as well.
• Criminology – offender oriented
• Victimology – victims oriented
Victimology
• Victimology as a growing discipline
• Victimology is an independent area
of inquiry or a sub field of
Criminology
• Victimology was born from its
“mother” Criminology.
• Historically, victimology bloomed in
criminology. (Kirchhoff 1995-37).
Conventional victims
•
•
•
•
•
•
Victims of robery
Victims of rape
Victims of murder
Victim of deception
Victims of assault/batterey
Victims of torture
Inconventional victims
•
•
•
•
•
•
•
•
Victims of technology
Victims of Information Technology
Victims of traffic accident
Victim of aparheid
Victims of slavery
Victims of trafficking
Victims of genocide
Victims of crime against human right
•
•
•
•
•
•
•
•
Victim of organized crime
Victims of terrorism
Victims of malpractice
Victims of disaster
Victims of abuse of power
Victims of bullying
Victims of child abuse & child neglect
Victims of domestic violence
Study of victim – offender
systems
• The study of victim vulnerability
• The study of victim culpability
• (Chockalingam 2010)
Hans Von Hentig discovery
• In his book 1948 : “ The Criminal and His
Victim” he explained that increased attention
should be paid to the crime provocative
function of the victim…With through
knowledge of the interrelation between the
doer and the suffer, new approaches to the
detection of crime will be opned.
• Von Hentig believed that victim contribution
largely results from characteristics or social
positions beyond the control of the
individual.
Cont.
• Thus Von Hentic classified victims into
13 categories depending on their
prospensity for victimization.
• 1. The Young – children and infant
• 2. The female – All women
• 3. The old – Elderly persons
• 4. The mentallly defective and
deranged- drug addicts -narcotic,
alcoholic
• 5. Immigrants – Foreigners unfamiliar
with the culture
• 6. Minorities – Racially
• 7. The depressed Persons with various
psychological maladies
• 8. Dull normals – Simple-minded
persons
• 9. The Acquisitive – The greedy, those
looking for quick gains
• 10. The wanton – Promiscuous persons
• 11. The losesome and heartbrokenwidows, widowers, and those mourning
• 12. The tormentor – An abusive parent
• 13. The blocked, exempted or fightingvictims of blackmail, exortion,
confidence games
Beniamin Mendelsohn
• Completely innocent victim- this victim
type exhibited no provocative behavior
prior to the offenders attack
• Victim with minor guilt-victim due to
ignorance did something in advertently
that placed them in compromising
positition before the occurrence of
victimization.
• Victim as guilty as the offender and
voluntary victim, suicide cases and parties
injures while engaging in vice crimes and
other victimless offences
Cont.
• Victim more guilty than offenderpropokes the criminal act. A person
making an abusive remark would fit in
here. A victim who started as an offender
and, ended up as victim is the most
guilty victim, e.g. the burglar shot by a
house owner during an intrusion.
• Simulating or imaginary victim, persons
who pretend that they have veen
victimized. A person who claims to have
been mugged, rather than admitting to
gambling his or her pay cheque away.
Stephen Schafer
• Revisited victim’s role in his book “The
Victim and His Criminal”
• The concept of functional resposibility
of the victim. Schafer modified the
typology by Hans von Hentig and
presented his own classification.
• While Hentig tried to identify the
varying risk factors, Schafer sets forth
the resposibility of different victims.
General Victimology – A New
Approach
• Criminal victimization
• Self-victimization include suicide and any
other suffering induced by victims
themselves
• Victims of social environment incorporates
individuals, class or group oppression, e.g.
racial discrimination, caste relations,
genocide and war atrocities.
• Victims of Technology are people who fall
prey to scientific innovation. Nuclear
accidents, improperly tested medicines
Cont.
• Victims of natural environment
people affected by floods,
earthquakes, hurricanes.
Critical Victimology
• Mawby and Walklate (1994-21) define as
• “An attempt to examine the wider social
context in wich some versions of
Victimology had become more dominant
than others and also to understand how
those versions of victimology are inter
woven with question of policy response
and service delivery to victims of crime”
Cont.
• Mawby and Walklate view that crime
committed by the powerful are not
subjected to the criminal court.
• Genocide, war crimes, political campaign,
clandestine ars sales and weapons of mass
destruction, smuggling, and thehuman
slave trade are not given serious attention.
• Consequently, the victims of those crimes
do not enter into the typical discussion of
victimological concern.
Others
•
•
•
•
The women’s movement
Children’s rights
Victim Compensation
Legal reform
CONTEMPORARY
VICTIMOLOGY
Fachri Bey
University of Indonesia
Victimology
• Victimology as an academic
terminology contains two elements :
• One is the Latin word “ Victima”
translates into “victim”
• The other is the Greek word “logos”
means a system of knowledge, the
direction of something abstract, the
direction of teaching, science,
discipline. (Kirchhoff 2005-42)
Cont.
• Victims means a person harmed by a
crime, tort, or other wrongful act .
(Black Law Dictionary 1999)
• Victims are persons threatened,
injured or destroy by an act or
omission of another man/structure,
organization/institution. (Separovic,
1969)
Victim of crime
• Victims means persons who individually
or collectively, have suffered harm,
including physical or mental injury,
emotional suffering, economic loss or
substantial impairment of their
fundamental rights, through acts or
omissions that are in violation of criminal
laws operative with in members state,
including those laws proscribing criminal
abuse of power.(UN Declaration 1985)
• Formulation of the law, regulation,
act thinking, are dedicated only to
the offenders, about how guarantee
their rights, how to educate/train
them properly in correctional
institution, how to protect their rights
before the police officers, district
attorney as well as in trial process
before the judge
• The public prosecutor/district attorney
tend to be extremely careful in indicting
the accused, in as much they are
controlled frequently by the lawyer of the
accused.
• The rights of victims of crime have never
been thinking seriously nor to provide
them the proper and adequate treatment
by the law enforcement authorities.
• The victimologist in the past and in
the present time come from different
academic or professional background :
from sociology, or from law, from
psychiatry or from psychology, from
social work and management.
(Kirchhoff 1995-37)
• Present time also come from medical
doctor, environment, engineering,
geology, biology, geophysics.
• The lawyer of the offenders tend to
(always) talk about the human rights
protection of the offender wich render
the public prosecutor feel uncertain.
• The scope of contemporary victimology
not only in criminal law and criminology
field but has been developed to other
fields as well.
• Criminology – offender oriented
• Victimology – victims oriented
Victimology
• Victimology as a growing discipline
• Victimology is an independent area
of inquiry or a sub field of
Criminology
• Victimology was born from its
“mother” Criminology.
• Historically, victimology bloomed in
criminology. (Kirchhoff 1995-37).
Conventional victims
•
•
•
•
•
•
Victims of robery
Victims of rape
Victims of murder
Victim of deception
Victims of assault/batterey
Victims of torture
Inconventional victims
•
•
•
•
•
•
•
•
Victims of technology
Victims of Information Technology
Victims of traffic accident
Victim of aparheid
Victims of slavery
Victims of trafficking
Victims of genocide
Victims of crime against human right
•
•
•
•
•
•
•
•
Victim of organized crime
Victims of terrorism
Victims of malpractice
Victims of disaster
Victims of abuse of power
Victims of bullying
Victims of child abuse & child neglect
Victims of domestic violence
Study of victim – offender
systems
• The study of victim vulnerability
• The study of victim culpability
• (Chockalingam 2010)
Hans Von Hentig discovery
• In his book 1948 : “ The Criminal and His
Victim” he explained that increased attention
should be paid to the crime provocative
function of the victim…With through
knowledge of the interrelation between the
doer and the suffer, new approaches to the
detection of crime will be opned.
• Von Hentig believed that victim contribution
largely results from characteristics or social
positions beyond the control of the
individual.
Cont.
• Thus Von Hentic classified victims into
13 categories depending on their
prospensity for victimization.
• 1. The Young – children and infant
• 2. The female – All women
• 3. The old – Elderly persons
• 4. The mentallly defective and
deranged- drug addicts -narcotic,
alcoholic
• 5. Immigrants – Foreigners unfamiliar
with the culture
• 6. Minorities – Racially
• 7. The depressed Persons with various
psychological maladies
• 8. Dull normals – Simple-minded
persons
• 9. The Acquisitive – The greedy, those
looking for quick gains
• 10. The wanton – Promiscuous persons
• 11. The losesome and heartbrokenwidows, widowers, and those mourning
• 12. The tormentor – An abusive parent
• 13. The blocked, exempted or fightingvictims of blackmail, exortion,
confidence games
Beniamin Mendelsohn
• Completely innocent victim- this victim
type exhibited no provocative behavior
prior to the offenders attack
• Victim with minor guilt-victim due to
ignorance did something in advertently
that placed them in compromising
positition before the occurrence of
victimization.
• Victim as guilty as the offender and
voluntary victim, suicide cases and parties
injures while engaging in vice crimes and
other victimless offences
Cont.
• Victim more guilty than offenderpropokes the criminal act. A person
making an abusive remark would fit in
here. A victim who started as an offender
and, ended up as victim is the most
guilty victim, e.g. the burglar shot by a
house owner during an intrusion.
• Simulating or imaginary victim, persons
who pretend that they have veen
victimized. A person who claims to have
been mugged, rather than admitting to
gambling his or her pay cheque away.
Stephen Schafer
• Revisited victim’s role in his book “The
Victim and His Criminal”
• The concept of functional resposibility
of the victim. Schafer modified the
typology by Hans von Hentig and
presented his own classification.
• While Hentig tried to identify the
varying risk factors, Schafer sets forth
the resposibility of different victims.
General Victimology – A New
Approach
• Criminal victimization
• Self-victimization include suicide and any
other suffering induced by victims
themselves
• Victims of social environment incorporates
individuals, class or group oppression, e.g.
racial discrimination, caste relations,
genocide and war atrocities.
• Victims of Technology are people who fall
prey to scientific innovation. Nuclear
accidents, improperly tested medicines
Cont.
• Victims of natural environment
people affected by floods,
earthquakes, hurricanes.
Critical Victimology
• Mawby and Walklate (1994-21) define as
• “An attempt to examine the wider social
context in wich some versions of
Victimology had become more dominant
than others and also to understand how
those versions of victimology are inter
woven with question of policy response
and service delivery to victims of crime”
Cont.
• Mawby and Walklate view that crime
committed by the powerful are not
subjected to the criminal court.
• Genocide, war crimes, political campaign,
clandestine ars sales and weapons of mass
destruction, smuggling, and thehuman
slave trade are not given serious attention.
• Consequently, the victims of those crimes
do not enter into the typical discussion of
victimological concern.
Others
•
•
•
•
The women’s movement
Children’s rights
Victim Compensation
Legal reform