4/24/2020

What is Victimology

Presentation to the 2009 Asian Postgraduate Course by Prof. Dr. Gerd Ferdinand Kirchhoff Tokiwa International Institute of Victimology Tokiwa Graduate School of Victimology Prof. Dr. Kirchhoff 1 Drawings by Takada Hiromi Tokiwa Daigaku Mito shi

Introduction

 Victimology as a social science – Normative thinking and social science thinking  Why lawyers love law and why victims do not love lawyers  What does the word mean?

 Who is the victim?

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Topics of Discussion

 The three dimensions of Victimology  Definition of Victimology  Talk about details of definition 3 4/24/2020 Prof. Dr. Kirchhoff

Law and Social Science

 What do lawyers know?

– They know the law – They apply the law – Only if facts fit the law  consequences – Crim.-law uses action related words, not victim related word.

–  lawyers know “nothing about victims” 4/24/2020 Prof. Dr. Kirchhoff 4

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Lawyers and relevant facts

 Lawyers work in the criminal justice system – They use laws which exist already – Only then they are successful  Law does not need all pieces of reality – – – – Lawyers needs only some Rest is superfluous and irrelevant In his system they are superfluous  lawyer becomes ignorant – He is interested in catching all possibilities in his system Prof. Dr. Kirchhoff 5

Social science thinking

 Looking at all probabilities  interested in probabilities – What has the highest probability of occurrence – – Patterns, regularities: they become his “law” Despite his “laws”, he knows that his statement imply the existence of the opposite  That makes him open and careful  His truth is always “insecure” 4/24/2020 Prof. Dr. Kirchhoff 6

Resulting difficulties

 Different subcultures of law and of social sciences – Different way of thinking – Different way of talking – Different way of self definition  The necessity of creating a social movement to promote victim interests  Personal experience 4/24/2020 Prof. Dr. Kirchhoff 7

What does the word mean?

4/24/2020    Victima Latin Logos victim   Greek science teaching An organized body of knowledge about victims Who used this concept first?

 Beniamin Mendelsohn 29 th  Printed 1956 in French March1947  Hans von Hentig 1938??

 Wertham 1956 Prof. Dr. Kirchhoff 8

Who is the victim?

 4 answers given  Historically first answer 1764  Victims of crime  special v.

 Victims of everything  general v.

 Manmade victims  

v. of Human Rights Violations

–

including crime

4/24/2020 Prof. Dr. Kirchhoff 9

1. Victims of Abuse of Power

1  Cesare Beccaria 1764  Abuse of power by the powerful – Trough their use of criminal law  Torture – – Of suspects and witnesses Witch “trials”  “creative” punishment – “Contract Social” 4/24/2020 Prof. Dr. Kirchhoff 10

1. Victims of Abuse of Power

2  How can we protect us against this victimizing criminal law?

– Give offender rights!

– The “Dogma of the Divided Territory” 4/24/2020 Prof. Dr. Kirchhoff 11

4/24/2020 Criminal procedure State (Prosecutor) boarder line Human Rights of Defendant (Procedural rights) Offender Prof. Dr. Kirchhoff 12

1. Victims of Abuse of Power

3   How can we involve the victim in this vertical system of justice?

      German Code of Criminal Procedure Right to start the procedure – police report Right to testify in court – right?

Right of “side prosecution” Right of “private prosecution” Right to court checking prosecutor’s denial of public interest Right of adhesion procedure (since the thirties) 4/24/2020 Prof. Dr. Kirchhoff 13

2. Special Victimology

1  Hans von Hentig 1948  “The Criminal and his Victim”  Stephan Schafer 1958  “The Victim and his Criminal”  Restitution  Compensation   special victimology  Part of Criminology 4/24/2020 Prof. Dr. Kirchhoff 14

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2. Special Victimology

2 Special Victimlogy Victimology Hans von Henting1948 Stephan Schafer 1967 Prof. Dr. Kirchhoff 15

3. General Victimology

1  Beniamin Mendelsohn 1947, 1956 and further  Term “Victim” includes – Victims of traffic accidents – Victims of motorized environment – Victims of earthquakes and thunderstorms – Victims of everything damaging – Victims of genocide and of crime etc.

 Result: General Victimology 4/24/2020 Prof. Dr. Kirchhoff 16

3. General Victimology

2 2.

3.

4.

5.

 1.

6.

7.

8.

Mendelsohn’s demands for victimology Focus on victims, on their suffering, on their treatment Create an International Journal of Victimology Create an Institute of Victimology Create an International Society of Victimology Conduct International Symposia and conferences Establish Victimological Clinics ( Enter the University Lecture Halls!) (International Courses on Victimology) 4/24/2020 Prof. Dr. Kirchhoff 17

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General Victimology

3 General Victimology and Criminology Criminology Mendelssohn 29.3.1947 (1958) Victimology 1 2 3 4 5 6 (7) Prof. Dr. Kirchhoff 18

4.

Victimology of Human Rights Violations (including Crime) 1  – – – Separovic, Zvonimir Paul 1969 – 1985 publications “manmade victims”  

Human action Omission to act coupled with obligation to act

Victimizations are violations of basic Human Rights    

To life To health To security To well being

Victims can be    

People Organizations Groups Ethnics

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4.

Victimology of Human Rights Violations (including Crime) 2  – Neuman, Elias

Three volumes in Spanish



1984 Victimologia

–  

1986 Victimologia e control social 1996 Victimologia supranacional Publications in Spanish



World of social science speaks English



Spanish contributions not read

 

Similar with Japanese contributions Necessity to study and understand English

–

Efforts of Tokiwa Daigakku

–

Government calls in 2000 English teachers in 2003

–

Victimology and Victim Assistance far advanced

 

In USA In England



In Netherlands

4/24/2020 Prof. Dr. Kirchhoff 20

4.

Victimology of Human Rights Violations (including Crime) 3

  Victimology and Victim Assistance far advanced in USA, England, among other countries.

– If Japan wants to learn from these experiences, it is necessary to study the pertaining documents in English Otherwise we depend on experts who come and sell us their ideas – How can we know  Whether these ideas are universal and therefore important for Japan?

–  Whether these ideas are just local, good for other culture ?

German experience  Without analyzing and understanding Anglo-American victim assistance – – We would not be where we are now Learning impossible without understanding 4/24/2020 Prof. Dr. Kirchhoff 21

4.

Victimology of Human Rights Violations (including Crime)

4  Elias Neumann since 1984 – Victims are  Persons  Community  Whole nations – Victimologia supranacional  Victimization by destabilizing governments  Victimization by exploiting economically weaker nations 4/24/2020 Prof. Dr. Kirchhoff 22

4.

Victimology of Human Rights Violations (including Crime) 5

4/24/2020 – Topics: 

Victims of conventional crime and of new types of crime



Environmental pollution



Victims of ethnocide



Falsification of products

– –

Medication Food



Illegitimate trade of war weapons



Abuse of governmental power



Terrorism



Censorship



Religion

Prof. Dr. Kirchhoff 23

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4.

Victimology of Human Rights Violations (including Crime) 6

– Robert Elias 1986 and later  “The Politics of Victimization. Victims, Victimology and Human Rights”  Combination of the three concepts  Advantage 1: – Victimology has the theoretical structure which is lacking in Human Rights  Advantage 2 – Victimology gains the necessary broad scope Prof. Dr. Kirchhoff 24

4.

Victimology of Human Rights Violations (including Crime) 7

4/24/2020 – UN Declaration 1985  WSV 1983  General Assembly  Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power  Result: Prof. Dr. Kirchhoff 25

4. Victimology of Human Rights Violations (including Crime) 8

4/24/2020 Victimology of Human Rights Violation (including crime) Criminology Victimization Victimology Crime Separovic 1969-1985 Neuman 1984-1989 Prof. Dr. Kirchhoff 26

Defining Victimology: scope

 Victimology looks at – – Victims Victimizations  The process of becoming a victim  The situation of being a victim – Reactions to victims and to victimization  Here is the most practical part of victimology – – Informal reactions Formal reactions 4/24/2020 Prof. Dr. Kirchhoff 27

Defining Victimology :

2  Victimology is the scientific study of – victims of Human Right violations including crime – victimizations – And of the reactions to both  To victims  To victimizations 4/24/2020 Prof. Dr. Kirchhoff 28

Defining Victimology :

3  Victimology – Defines – – – – Describes Measures Analyzes Interprets –   Patterns, regularities and associations Causal relationships and probabilities Develops theoretical statements   For understanding and prediction For developing counter measures 4/24/2020 Prof. Dr. Kirchhoff 29

Purpose of Victimology :

 “The purpose is, to contribute to a world with less victimization. If victimization cannot be prevented, then the consequences have to be less burdening.

 4/24/2020 If our science does not contribute to this, what use does it have then?” Prof. Dr. Kirchhoff 30

Measurement

2  How many are there?

 Is the risk equal – Over time?

– Over region?

– Over gender  Murder of the lady in Shinso – What goes hand in hand with victimization?

 Social correlates of victimization 4/24/2020 Prof. Dr. Kirchhoff 31

Measurement

 Who is the victim?

 How many are there?

 Methods of empirical research – – Not armchair victimology Go out and look at reality!!!!

 How many victims are in Mito?

 How many victims are in Tokiwa Daigakku?

– TIVI: how many students have been victims of sexual crimes?

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Who is the victim?

 Who is victimized? 

Direct

victim  The murdered lady last month –

Indirect

 victims The victim “behind” the victim – – – – –  Family members Friends Colleagues Neighbors Members of the community Whole nation 4/24/2020 Prof. Dr. Kirchhoff 33

Result of victimization

1 

What is the result of victimization?

What kind of damages do we look at?

– Emotional damage – Physical damage – Material damage 4/24/2020 Prof. Dr. Kirchhoff 34

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How did the event happen?

  Process of becoming a victim  Raid  Confrontational  Distance  Relational  Stranger Acquaintance  Friend  Family member  Lover  Stepwise victimizations Prof. Dr. Kirchhoff 35

 

How did the event happen? Single ./. Repeat victimization

Single victimization

–

Victimology is interested in the single victimization (criminological theories are often theories on recidivism).

–

Single victimization can cause crisis and can call for victim assistance, restitution, compensation Repeat victimization

–

Many victimizations are repeated experiences of

 

Sexual abuse of children, Domestic violence Tyrannization in school (bullying), Violence (“Subculture of Violence”

– – 

Violations of Basic Human Rights Calling not only for victim assistance, but for institutional and for structural reforms (good field to demonstrate that victimology is an interdisciplinary science)

4/24/2020 Prof. Dr. Kirchhoff 36

Reactions

1 Distinguish between 

Primary victimization

 That are all the negative reactions caused by the action of the offender 

Secondary victimization

 That are all the damages caused by the reactions of the social environment 4/24/2020 Prof. Dr. Kirchhoff 37

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Reactions

2  The reacting social environment  Husbands, parents, family members     Girl friends, boy friends, lovers Colleagues Neighbors Community  If their reaction damages, we speak of

SECONDARY VICTIMIZATION

Prof. Dr. Kirchhoff 38

Reactions

3   We cannot undo the primary victimization.

 We can influence the amount of secondary victimization!!

 We get upset if we believe these victimizations are superfluous We want to be

careful

if we know that secondary victimization is highly probable 

Why do these secondary victimization occur so frequently

?

4/24/2020 Prof. Dr. Kirchhoff 39

4/24/2020  “Just World Theory”  Californian psychologist , in since the seventies of last century  Why do victims experience  Unfriendliness   Rejection Even hostility  Why do not we want to deal with victims usually?

 We believe in a just world  So, nothing happens to us, right?

 If something bad happens to the victim, we define:    The victim must have done something wrong So, we blame Blaming does not help – it hurts even deeper

Reactions

3 Prof. Dr. Kirchhoff 40

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Reactions

4  “Just World Theory”  We never ask: ”WHY did you do so?”  If you would have done differently, you would not be in this situation – so you are blamed!

 We never tell how WE would have acted.

 Of course we would have acted more wisely!

Prof. Dr. Kirchhoff 41

Reactions  Stereotyped constant uniform reactions of environment – – – Social structures

Willem Hendrik Nagel 1944 (1948)



“Structural Victimization”

 

One of the earliest empirical research “Crime of People of Os” print 1948 Victimization of Women



By stubborn male insistence on supremacy and control over women

4/24/2020 Prof. Dr. Kirchhoff 42 6

Reactions 7    “ai” “Broken Bodies, Shattered Minds” 2001 Report looks at victimization of women in cases of – – – – – – – –

Domestic violence as mistreatment or torture Torture and mistreatment of household helpers Live in forced marriages “defending the honor of the family” Human Trafficking Debt\Servitude (debt slavery) Female Genital Mutilation Withholding the protection of law

4/24/2020 Prof. Dr. Kirchhoff 43

Reactions 8  Victimization of women by – Withholding the protection of law  For victims of trafficking of women  For victims of rape – Pakistan rape law – Nigeria Ms. Awal – Police not investigating properly  Indian dowry cases  Japan case: 6 month stalking, reported to police, results in murder of victim 4/24/2020 Prof. Dr. Kirchhoff 44

Reactions 9  Victimization of women by – – – Sexist beliefs of judges Social and cultural discrimination Torture of women in custody  Sexual victimization of women in custody  Sexual war slavery of women in occupied countries – Torture of women in armed conflicts  Tutsi 1994, Yugoslavia 1991-1995, Guatemala 70ties, Algeria 90ties, Sierra Leone 1999-2003, Philippines 2000 4/24/2020 Prof. Dr. Kirchhoff 45

Reactions 10  Victimization of women by  Disappearances – Direct and indirect victimization  Torture of women who have to flee  While seeking asylum  It is proven that worldwide victims, especially women, are victims by those men who have control over them and that authorities either cause or tolerate these abuses 4/24/2020 Prof. Dr. Kirchhoff 46

Reactions 11  Victimization of men – In socially completely accepted areas  Victim of draft system  Victims of military slavery  Victims of medical treatment  Till now: who reacts?  In next section: what kinds of reactions do we look at?

4/24/2020 Prof. Dr. Kirchhoff 47

Reactions 12  Two kinds of reactions – Informal reactions  These are reactions which are free of prescribed rules and norms – Formal reactions  These are reactions which are prescribed by laws and by norms  They are “formally laid down” in writing 4/24/2020 Prof. Dr. Kirchhoff 48

Reactions informal 1  – Recall: Victimizations are invasions into the self of the victim Imagine the person as an “onion”  Layers around a soft center  Victimizations are like needles piercing through different layers – 1.

By this you understand Rank order of victimizations according to severity 4/24/2020 Prof. Dr. Kirchhoff 49

Reactions informal 2  – 2. We live with fictions We tell us stories about ourselves and about life – – E.g.sexual victimization Without the protection of these fictions, we cannot function socially 4/24/2020 Prof. Dr. Kirchhoff 50

Reactions informal 3 4/24/2020   3. Victim experience crises What are crises    Moments of real or imaginated insecurities With escalating tendencies Victim realizes: it cannot manage the difficulties of everyday life any longer  Normally it can, but after invasion into self:  Crisis management potentials are blocked   Feeling of inability increases like in a spiral Crises escalate Prof. Dr. Kirchhoff 51

4/24/2020  Reactions informal 4            Victims reactions in crises Shock Disbelief Shame Rage Helplessness Isolation Distrust Loosing the belief that one lives in an ordered world Feeling of chaos and confusion Guilt feelings Desperate attempts to make sense out of a senseless event Prof. Dr. Kirchhoff 52

4/24/2020 Reactions informal 4      Victimology deals With crisis With crisis reactions With crisis intervention That can be done by every person who knows what victims go through  But    we are under influence of Just World Theory “Blaming the Victim” we are under influence of “Contagious Inactivity of Bystanders” Prof. Dr. Kirchhoff 53

4/24/2020 Reactions formal and planned 5    

Organize victim assistance!

Dussich/Underwood 2003:

 

Victim Assistance are all those activities which are applied in response to victimization with the intention of Relieving suffering Facilitating recovery

     

Victim Services include Information Assessment Individual interventions Social advocacy Public policy Program development

Prof. Dr. Kirchhoff 54

 Reactions formal and planned 6   

Field of “victim needs” This needs empirical research Often victim assistance organizations assume they know what victim needs are TIVI Research on Victim Needs



When we organize victim assistance programs, we leave the field of informal reactions and we step into the field of formal reactions

4/24/2020   

Recall: What did victims experience?

What are victim needs?

Prof. Dr. Kirchhoff 55

4/24/2020 Reactions formal 1   What does society usually offer to victims in this situation?

   The Criminal Justice System A vertical system Serves social control Using repression of offenders by punishment Please recall this graph: Prof. Dr. Kirchhoff 56

4/24/2020 Criminal procedure State (Prosecutor) boarder line Human Rights of Defendant (Procedural rights) Offender Prof. Dr. Kirchhoff 57

Formal reactions: CJS

1  The Position of the Victim in the CJS – An important traditional field of victimology –  Where we need the knowledge and wisdom of lawyers – – – Not the traditional wisdom Lawyers sensitized to victim needs Thanks to the Lord, they exist!!!!

Victimology looks at “Victims Rights”  Loose language!

 Victimologists should not be too impressed 4/24/2020 Prof. Dr. Kirchhoff 58

Formal reactions: CJS

2  1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power – Not rights, basic principles  Information rights 4/24/2020  Participation rights  Restitution – By offender  Compensation – By state  Access to Victim Assistance Prof. Dr. Kirchhoff 59

Formal Reactions: Participation of Victims in the CJS

1  Discussion in USA: how much participation?

 Discussion in Japan – See Morosawa-san in this series  Do victims really want to participate?

– Call for empirical research!

– We need to ask: what do you want?

 Take part in the cjs?

 Or fair information? And that is it?

4/24/2020 Prof. Dr. Kirchhoff 60

Formal Reactions: Participation of Victims in the CJS

2  In symposium Oct. 2,2003 in Mito: – – Justice system believes: justice is for the public!

If victims raise their voice:  Who is the owner of the cjs?

 This is a question law cannot answer – Should be easy to answer in democratic societies!

– – Law always uses victim “lingo”: “We do it all for you, victims  For you, actual victim!

–  For you, potential victims!

Justice is owned by judges, prosecutors, lawyers  (Nils Christie 1978) 4/24/2020 Prof. Dr. Kirchhoff 61

Formal Reactions: Participation of Victims in the CJS

3  In USA, there is a loud movement in favor of a constitutional change  US Senate (Res. 35 from April 15, 2002) –

Victims of violent crimes have the right to



Reasonably and timely notice of any public proceedings

– –

Involving the crime Or any release or escape of the accused



To not be excluded from such public proceedings



To be reasonably heard at public release, plea, sentencing, reprieve and pardon proceedings

4/24/2020 Prof. Dr. Kirchhoff 62

Formal Reactions:



Participation of Victims in the CJS

4

(Victims of violent crime have the right to)



To adjudicative decisions that duly consider

– – –

The victim’s safety The victim’s interest in avoiding unreasonably delays Just and timely claims for restitution from the offender

– – 4/24/2020

These rights shall not be restricted



Except when and to the degree dictated by

– – –

Substantial interest of the public safety The administration of criminal justice Or compelling necessity Nothing in this article shall be construed to provide grounds for a new trial or to authorize any claims for damages”

Prof. Dr. Kirchhoff 63

Formal Reactions:



Participation of Victims in the CJS

5

As a victimologist

– I see a lot of words and little concrete – Lawyers are masters of language – If they choose this vague language, they know why they do  No cherished power position will be given up!

 Victims will not have the participation position they are said to desire  Why?

 I showed you a graph, and intentiously so: 4/24/2020 Prof. Dr. Kirchhoff 64

4/24/2020 Criminal procedure State (Prosecutor) boarder line Human Rights of Defendant (Procedural rights) Offender Prof. Dr. Kirchhoff 65

Formal Reactions: Participation of Victims in the CJS

7  You cannot simply ,move in the victim as a third power!!!!!!

 The territory is occupied  This is not proceedings FOR VICTIMS  This is proceedings in public interest – – Victims have a serving role here!

They are evidence for the prosecution, for the state, for all of us!

4/24/2020 – Consequence? An obligation for the state Prof. Dr. Kirchhoff 66

Formal Reactions: Participation of Victims in the CJS

8  Obligation>

Avoid secondary Victimization!!!

4/24/2020 Prof. Dr. Kirchhoff 67

Formal Reactions: Participation of Victims in the CJS

9  Judges! Prosecutors!Police!

– Protect the evidence – Do not cause any suffering for them – They suffered enough!

– For the victimologist, the state cannot go far enough in this!

4/24/2020 – At least, you must do everything possible!

Prof. Dr. Kirchhoff 68

Formal Reactions: Participation of Victims in the CJS

10  E.g. Israel never brings child victims of sexual abuse as witnesses into the court!!!

 E.g. Germany: victim attorney at the side of the victim with no aggressive rights, only to protect the victim!!!

4/24/2020 Prof. Dr. Kirchhoff 69

Formal Reactions: Participation of Victims in the CJS

11  Avoidance of secondary victimization is the key concept  If state victimizes, state becomes offender himself  Usually prosecutors and judges know this duty  But they do not know why and when proceedings hurt the victim 4/24/2020 Prof. Dr. Kirchhoff 70

Formal Reactions: Participation of Victims in the CJS

12  They have not learned this!

 Victim Assistance Organizations have to tell them – – Not single victims Even the single victim assistance group is too weak – –  Even if there are already 30 like in Japan Therefore strong victim assistance network!

Politicians listen only if reelection is endangered!

4/24/2020 Prof. Dr. Kirchhoff 71

Formal Reactions: Horizontal Justice

1  There are other systems than the vertical cjs  Horizontal systems of justice – Victim offender reconciliation programs  Here victims have full participation  Here the end is restitution, not punishment – Personal experience  Do victim want to participate in punishment?

– – – If they have achieved that, what have they achieved?

Do the wounds heal quicker?

Are crises earlier finished?

 What about financial consequences?

4/24/2020 Prof. Dr. Kirchhoff 72

Formal Reactions: Horizontal Justice

2  Are your needs satisfied if you participate in the punishment system?

 Giant obstacle: the need for punishment – Punishment: what does it give to victims?

 Truth and Reconciliation Commissions in South Africa – A new tool, now in over 18 countries 4/24/2020 Prof. Dr. Kirchhoff 73

Formal Reactions: Horizontal Justice

2  Force the cjs to avoid secondary victimization – Know what you demand!

 Promote horizontal justice and fight for it!

4/24/2020 Prof. Dr. Kirchhoff 74

Formal Reactions: Horizontal Justice

3  Restorative Justice is the justice of the future, not repressive justice.

 Restorative Justice is to a much greater degree VICTIM JUSTICE 4/24/2020 Prof. Dr. Kirchhoff 75

 DOMO  ARIGATO !

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