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Exam 3 Victimology Study Guide

by: Ryan Desjardins

Exam 3 Victimology Study Guide CCJ 3666

Ryan Desjardins

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This study guide covers chapters 9, 10, and the required Florida statutes for Exam 3.
Dr. William Doerner
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This 18 page Study Guide was uploaded by Ryan Desjardins on Wednesday March 23, 2016. The Study Guide belongs to CCJ 3666 at Florida State University taught by Dr. William Doerner in Winter 2016. Since its upload, it has received 213 views. For similar materials see Victimology in Criminology and Criminal Justice at Florida State University.

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Date Created: 03/23/16
Victimology Exam 3 Study Guide Covering Chapters 9 & 10 and FL Statutes Chapter 9 1. What important points appear in the presidential proclamation presented in Table 9–1 of your textbook? Made sexual violence more heard and out there, steps being made to prevent sexual violence and support survivors a top priority, ending sexual violence in the military, and proclaimed April 2013 as National Sexual Assault Awareness and Prevention Month. 2. What is the common-law definition of rape? "The unlawful sexual intercourse committed by a man with a woman who is not his wife through force and against her will". 3. How do today’s sexual battery statutes differ from the common-law definition of rape? 1. Eliminated the gender bias, possible for males to be victims 2. Oral, anal, and digital penetration as well as fondling and the introduction of any other foreign objects into the victims body 3. Varying degrees of sexual battery replace the former all inclusive single category of rape 4. Can be committed against a wife or husband 4. What recent changes has the FBI made to the definition of forcible rape in the UCR? The revised definition of rape in the UCR includes any gender of victim or perpetrator, includes instances in which the victim in incapable of giving consent (under the influence of drugs or alcohol or mental or physical incapacity), physical resistance from the victim is not required to demonstrate lack of consent, includes rape can happen in marriages, and disregards gender bias. 5. Explain what “spousal immunity” means. The common law interpretation that a husband is incapable of raping his wife. 6. What are the 2 parts that create the basis of “spousal immunity?” Total immunity-completely unprosecutable under marriage statutes Partial immunity- could potentially be prosecutable under marriage statutes 7. Distinguish an “absolute exemption” from a “partial exemption.” Absolute exemption is when husbands are not prosecuted for spousal rape under any condition. Partial exemption is when the man and wife are separated, are in the process of obtaining a divorce, or have taken other steps to void or nullify the marriage. 8. How does “date rape” or “acquaintance rape” contradict popular stereotypes of sexual violence? Doesn’t fit the stereotypical view of rape because many people assume that sexual assault occurs between individuals who do not know one another, and that the offender stalks the victim and violently attacks them. 9. Explain why juries in the past have been reluctant to convict defendants on charges of rape. 2 general reasons.. 1. Consent is very hard to prove/justify 2. The death penalty loomed over some defendants, and jurors did not want to make that call when the evidence was less than compelling. 10. Discuss the importance of Coker v. Georgia (1977). This case ruled that the death penalty is a 'grossly disproportionate and excessive' punishment for the crime of rape, and is forbidden by the 8 Amendment as cruel and unusual punishment. 11. What is “child rape?” Sexual Battery upon a child under the age of 12 12. What happened in Kennedy v. Louisiana (2008)? Step father sexually assaulted his 12 year old step daughter, the court ruled the death penalty was off the table unless the victim died 13. Describe what is known about sexual assault victimization when using the National Crime Victimization Survey. Includes both male and female victims 14. What finding emerges from Figure 9–1 regarding age and sexual assault victimization? The older people get, the less likely it is to be victimized. Between the ages of 12- 17, victimization rates are high. They increase again at 21-24 due to the fact that that age people can legally drink alcohol. 15. What finding emerges from Figure 9–1 regarding the relationship between victims and offenders in sexual assault victimization incidents? Almost 50% of victims are raped by a friend or acquaintance. 16. What is a “non-stranger rape,” and why is it important? Includes date rape and acquaintance rape. Accounts for 73% of sexual victimizations and shows that the stereotype of sexual battery is wrong. 17. What trends become apparent when one compares UCR with NCVS sexual violence data (see Figure 9–2 of your textbook) over the past 35 years or so? The UCR shows a steady and smooth pattern over the years, whereas the NCVS shows a very defined downward trend in rape victimizations. 18. Give three different explanations for the NCVS–UCR discrepancy in rape trends. 1. Changes in traditional sex role attitudes have relaxed the taboos once associated with rape 2. Female police officers have more sympathy when a rape is reported, which fosters trust in police and greater citizen reporting 3. The realization that the victimization survey instrument did not contain any inquiries that deal directly with rape (rape questions were vague). 19. What other information besides the UCR and NCVS is available about sexual violence? The National College Women Sexual Victimization Study 20. Discuss the National College Women Sexual Victimization Study and its findings. Findings were that 5% of college women contend with rape or an attempted rape yearly. 21. Discuss the National Violence Against Women Survey and its findings. Conducted from November of 1995 through May of 1996. Its goal was to provide survey data on the prevalence, incidence, and consequences of violence against women. Found that including physical assault and stalking, violence against women is a major social problem in the United States. 22. What do the terms “incidence” and “prevalence” mean with respect to sexual victimization? Incidence-the number of sexual assault victimizations Prevalence-the number of sexual assault victims 23. Discuss sexual victimization at the national military academies. 1 in 5 women said they became sexual assault victims during their stay at the Academy. Four of five women in a campus survey were the targets of sexual harassment. 24. Give six reasons why one should be cautious when dealing with sexual battery statistics. 1. The magnitude of many figures is inflated by focusing on 'lifetime' occurrences verses the figures found in the UCR or NCVS because those just focus on the past year. 2. Clear difference in magnitude and potential harm involved in the actions of sexual coercion. 3. Most studies of date rape restrict their inquiries to college students. 4. Format, style, and wording of questions help mold survey responses. 5. Interview methodology can affect the quality and type of data obtained. 6. Must beware of the bias of advocates 25. Why do some observers contend that rape is not a sex offense but a crime of power? Some observers believe rape is "simply a means of showing and promoting male domination in a society in which formal ownership of females is no longer permitted." 26. What is a “rape myth?” They promote sex role stereotypes. They are common things people think about rape that aren't necessarily true or may be true in other senses also. 27. Give three examples of rape myths. Myth: rape doesn't happen very often Truth: 1 out of every 6 adult women has been a victim of rape Myth: men can't be raped Truth: approximately 92,700 men are raped each year in the US Myth: strangers only commit rape Truth: 2/3 of rape victims report a prior relationship with the offender 28. According to the text, what two peer networks are linked with reports of “date rape” on college campuses? Greek life and athletics 29. Define “crisis” in terms of the discussion in your textbook. A crisis develops whenever a situation poses a serious danger or threat to the person's self. This hazard is so monumental that the person who is dealing with it has a great deal of diffucultly coping with the circumstances. 31. What three conditions determine the severity and duration of a crisis? 1. The degree to which the persons self is threatened 2. The persons ability at the precise moment to deal with a problem of such magnitude 3. The kind of intervention or help that a person receives immediately after the tragedy strikes can determine how long it takes to propel out of the helplessness and into recovery 32. Outline the stages involved in the “crisis reaction repair cycle.” This cycle is what victims go through during recovery from being assaulted. Three distinct stages, which are impact, recoil, and reorganization. 33. What happens during the impact phase? The impact phase is the initial shock and distress a victim feels. Denial may occur, and victims may start to deal with rape myths and victim precipitation. 34. Describe the recoil phase. In this phase, victims begin to adapt to the fact that the violation took place. The shock and devastation of the event isn't as strong, even though sometimes the feelings may resurface. 35. What is the “rape trauma syndrome?” Post traumatic stress syndrome for rape victims. 36. What are some criteria associated with post-traumatic stress disorder? The person witnessed or came close to death or serious injury, the persons response involved intense fear, helplessness, or horror, the traumatic event is persistently re-experienced, persistent avoidance of stimuli associated with the trauma and numbing of general responsiveness not present before the trauma occurs, persistent symptoms of increased arousal not present before the trauma occur, duration of the disturbances is more than 1 month, and the disturbances cause clinically significant distress or impairment in social, occupational, or other important areas of functioning. 37. What occurs during the reorganization stage? The intensity of their reaction begins to diminish, and they are able to move on to other activities. They're no longer preoccupied with the memories of the trauma. 38. What is compulsory HIV testing and why is it an issue? Mandated testing for HIV virus in sex offenders. It's an issue because many victims of sexual assault worry about STD's being transmitted to them. 39. What do the terms “seropositive” and “seronegative” mean? Seropositive means the person is a carrier of the HIV virus (a marker for AIDS) and has the potential to infect others. Seronegative means there is no current presence of the virus 40. Explain how some researchers have determined that the statistical odds of contracting HIV from sexual violence are minimal. The odds of a sexual assault victim contracting HIV is extremely rare. Many sexual assaults produce injuries and lacerations which is an environment conducive to subsequent infection, but when a series of antibodies and other drug regimens within 72 hours of the assault are given it usually clears up any future problems. 41. Why was the old standard of consent (resisting to a person’s utmost capacity) unfair to sexual battery victims? It's unfair to sexual battery victims because no other victims are held to the same defense standard 42. What issues surrounding consent surface in Table 9–6 of your textbook? It demonstrates how robbery victims are not expected to resist giving up their valuable posessions especially to the same degree as rape victims. 43. Discuss the Antioch College student conduct policy, presented in Table 9–7 of your textbook, and explain. Makes consent an integral part at each step in order to avoid any possible misinterpretation by either party. 44. Is polygraphing testing an acceptable way to corroborate an allegation of sexual assault? Why or why not? No, because it makes the victim feel like the court does not believe them, and it puts the blame back onto the victim. 45. What are “shield provisions” and how do they represent a reform? Shield provisions are a common tactic invoked by many defense attorneys that looks back into the victims sexual past, which in term implies promiscuity from prior consensual sexual activity with men other than the defendant, making the defendant seem innocent because the victims 'lack of chastity' and would prove the victims willingness to engage in sexual activity. 46. What does “in camera” mean? Out of public earshot, in private 47. What is the purpose behind sex offender registration laws? Sex offender registration laws are known as Megan's Law Seeks to provide both past victims and the general public with information regarding the presence of a convicted sex offender in the community. Premise underlying these laws is twofold, first treatment protocols are imperfect and recidivism rates for sexual offenders is high, and secondly, they warn the public that a sex offender is living in their community and alerts residents to take appropriate precautions and to be watchful of these criminals activities. 48. What is a “sexual predator?” A sexual predator is a person seen as obtaining or trying to obtain sexual contact with another person in a metaphorically "predatory" or abusive manner. Analogous to how a predator hunts down its prey, so the sexual predator is thought to "hunt" for his or her sex partners. 49. What does notification mean in terms of sexual predators? It means law enforcement must inform members of the community in which a sexual predator resides. They must also notify each licensed day care center, elementary school, middle school, and high school within a 1 mile radius of the residence of the sexual predator. Information shared about the sexual predator includes.... 1. The name of the predator 2. A description of him/her including a photograph 3. The predators current, temporary, and transient addresses, and descriptions of the locations 4. The circumstances of the sexual predators offense(s). 5. Whether the victim of the sexual predator's' offense was at the time of the offense a minor or an adult. 50. What is a “sex offender registry,” and why do they exist? A registrar of all sex offenders in the USA, and they exist to warn those in the community. 51. What kind of macro-level effects would one expect sexual battery legal reforms to generate? Macro level effect means a change is made in such global indicators such as crime reporting rates, clearance rates, prosecution rates, conviction rates, etc. Macro level effects expected to be generated from sexual battery legal reforms are making the criminal justice system more victim friendly towards sexual battery victims, removal of some of the overly restrictive evidentiary barriers, and establishing shield provisions which would lessen some of the trauma victims experience when seeking justice. Reformers found as a result increased crime reporting, higher arrest rates, more effective prosecution, and enhanced conviction rates. 52. What kind of micro-level effects would one expect sexual battery legal reforms to generate? Micro level effects entails looking at a much smaller unit to see if there have been changes in such things as worker attitudes, client satisfaction, etc. Micro level effects expected to be generated from sexual battery legal reforms are individual changes, attitudes, satisfaction with the system, perceptions, opinions, etc. 53. Have sexual battery legal reforms generated macro-level and micro-level effects? Legislative reform does not guarantee improvement in the plight of the victim or the activity of the criminal justice system. 54. How have courtroom practices helped or curtailed the impact of legal reform efforts? In some cases, the system can accommodate the change by altering procedure rather than outcome. 55. What is a “SART?” Sexual Assault Response Team Purpose of a SART is to combine representatives from law enforcement, victim advocacy, forensic nursing, and the prosecutors officer in a joint effort to provide seamless case handling. This lessens the aggravation that many victims experience after they report the incident and enter the criminal justice system. SART makes the victims needs, rather than the systems needs, a top priority. 56. Explain the contents of Table 9–11 of your textbook. It explains the goals of the sexual assault nurse examiner. 57. What are the three major responsibilities of the primary investigating officer in a sexual battery case? (pg 255) 1. Protect, interview, and support the victim 2. Collect and preserve evidence that can assist in the apprehension and prosecution of the offender 3. Investigate the crime and apprehend the offender 58. Why are sexual battery victims reluctant to contact the police? The non-supportive reaction of the police to such allegations. The interviewing process can change the emphasis of the case from what the accused did to what the victim did or did not do to avoid it. 59. Distinguish the medical examination from the forensic examination conducted at the hospital. Determining the physical wellbeing of the victim is medical, while determining the preservance of the evidence's wellbeing is forensic 60. Use Table 9–11 of your textbook to explain what a SANE program is and what it does. The primary mission is to meet the needs of sexual assault victim by providing immediate, compassionate, culturally sensitive, and comprehensive forensic evaluation and treatment by trained, professional nurse experts. 61. What is a “rape kit,” and why is it important? Rape kits include a preprinted set of instructions for the physician to follow, report forms to complete, containers for collecting hair samples and fingernail scrapings, swabs and slides for extracting fluid specimens, blood sample containers, and other tools for gathering trace evidence. It's important because the police can submit it to the crime laboratory for evidence analysis. 62. How can prosecutors improve the way sexual battery cases are handled? 1. Be mindful of evidential issues 2. Rape myths may sway jurors 3. Be mindful of case attrition 63.What was established in Furman vs Georgia? Established the death penalty was unconstitutional 64.What did Gregg v Georgia reinstate & establish? Reinstated the death penalty, established the terms aggravated circumstance and mitigating circumstance Chapter 10 1. What historical practices have aided male domination over females? Early Roman law treated women as property of their husbands making women subject to the control of their fathers or husbands, throughout most of history women had no legal standing. 2. What were the three main stages of historical interest in intimate partner violence in the United States? 1. During the mid 1600's, when the Puritans in Massachusetts enacted laws against wife beating and family violence. 2. Late 1800's when states began passing laws restricting family violence 3. 1960's to current when general social unrest and demands for equality arises. 3. How do suffrage and the Equal Rights Amendment fit into this picture? Women were no longer viewed a property of their husbands; they were no longer restricted by their sex to vote. 4. What does the term “intimate partner violence” cover? Includes behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. 5. Name the five types of intimate partner violence displayed in Table 10–3 of your textbook, and explain what they entail. 1. Physical Absue- Hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, etc. Also includes denying a parter medical care or forcing alcohol and or drug use upon the partner. 2. Sexual Abuse- Coercing or attempting to coerce any esexual contract or behavior without consent. Includes but not limited to marital rape, attacks of sexual parts of the body, forcing sex after physical violence occurs, treating one in a sexually demeaning manner, etc. 3. Emotional Abuse- Undermining an individual's sense of self worth and or self esteem is abuse. This may include but not limited to constant criticism, diminishing one's abilities, name calling, or damaging ones relationship with his or her children. 4. Economic Abuse- Defined as making or attempting to make an individual financially dependent by maintaining total control over financial resources, withholding ones access to money, or forbidding one's attendance at school or employment. 5. Psychological Abuse: Elements of psychological abuse include but not limited to causing fear by intimidation, threatening physical harm to self/partner/children/partners family and friends, destruction of pets or property, and forcing isolation from family, friends, school, and work. 6. What are some estimates as to how much intimate partner violence occurs in American society? 16% of the subjects reported at least one violent episode within the previous year. 7. What are some advantages to using the Conflict Tactics Scale to tap intimate partner violence? Standardized protocol, helps reduce memory decay, refinements and revisions 8. What are some disadvantages to using the Conflict Tactics Scale to tap intimate partner violence? 1. Only one member of a household was typically surveyed, meaning there were no comparative data against which the gauge the responses. 2. Data was limited in terms of assessing the degree of conflict 3. No information on the severity of the actual harm, if any, that was inflicted 4. Rarely any info gathered on demographic characteristics. 9. What types of behaviors does Table 10–4 of your textbook inventory as demonstrations of abuse? Put-downs, look at you or act in ways that scare you, controlling, keep you from friends/family, make all decisions, threaten you, intimidate you w/ weapons, etc. 10. What trends does Figure 10–1 show in terms of intimate partner violence over the past several years? Overall shows a decline. While female victimization rates show a more drastic decline, male victimization remains low and generally the same. Females still remain more likely to be victimized of IPV than males. 11. Link intimate partner violence with lethality. 79% of homicide victims knew their assailants. Victims are more likely to expire from injuries they sustain at the hands of people they knew. 12. What is “sexual symmetry?” That women are equally as violent as their partners 13. Are homicide victims more apt to be murdered by complete strangers or by someone they know? Someone they know 14. How does the term “intimate partner violence” expand upon the idea of “spouse abuse?” IPV expands 'spouse abuse' because it states that violence still occurs with same sex marriages. 15. What is the “battered woman syndrome?” A self defense explanation that argues that these women were so traumatized by previous beatings that they simply seized the opportunity to kill their assailants to prevent any further victimization episodes. 16. What are the three stages in the “cycle of violence?” 1. Tension building phase 2. Battering episode 3. Reconciliation period 17. Explain what takes place in the “tension-building phase.” The women believes she can deflect her husbands bullying. She may calm the situation by conceding to his wishes or by staying out of his way. Her goal is not to prevent the battering behavior but to avoid it. She rationalizes the outbursts. 18. What happens during the “battering episode?” Culmination of the frustrations experienced in the first stage, the man becomes out of control and acts out in rage. 19. Outline the activities that take place during the “reconciliation period.” The batterer transforms himself into a very apologetic, tender, and loving character. He pleas for forgiveness and promises of a better future often cloud the anger and fear the victim has experienced at the hands of her partner. 20. What does “disinhibition” have to do with intimate partner violence? "Disinhibition" refers to a common rationalization regarding these volatile outbursts is the man's claim that he did not fully realize what he was doing because he had been drinking. This account acts to transfer responsibility away from the abuser and to characterize alcohol as the real culprit. 21. Explain “The Power and Control Wheel” presented in Figure 10–2 of your textbook. Power and control are in the middle because they are the purpose of IPV. A batterer uses threats, intimidation, and coercion to instill fear in his partner, which make up the spokes of the wheel. Physical and sexual violence are what hold it all together, making up the rim. 22. Compare and contrast “reasonable suspicion” with “probable cause.” Reasonable suspicion permits an officer to intrude into a situation to investigate whether a crime has been committed, is being committed, or is about to occur. Probable cause means that the facts and circumstances are sufficiently strong enough to make the officer conclude that the accused is the one who committed the crime under investigation. ***If probable cause is present, the officer can make a legitimate or lawful arrest.*** 23. What does the “misdemeanor rule” have to do with a warrantless arrest? In a misdemeanor case, an officer can make a warrantless arrest only if the transgression has taken place in his or her presence. The misdemeanor rule can hamper effective police intervention, particularly in situations in which many offenses are misdemeanors, such as IPV. 24. What is the role of an affidavit in a misdemeanor intimate partner violence case? An affidavit is an official complaint in which the victim outlines the details of the offense and swears under oath that the individual named in the accusation is the offender. The completion of this legal document and the issuance of a warrant by a judge give the police proper authority to arrest the suspect on a misdemeanor charge. 25. Historically, how have police officers used mediation or non-arrest options to handle domestic disturbance calls? Counseling, referral for social services, separate the parties, threat of arrest 26. What is the “referral” option? When the officer suggests the couple contact a minister, a counselor, or some other social service agency. 27. What was the “Minneapolis Experiment?” A study of how effective the three options were; Arrest, one party leaves for a "cooling off" period, and counseling or referral 28. What did the Minneapolis Experiment find? Found that arrest was the most efficient and effective option 29. What is an “incapacitation effect,” and how does it relate to the Minneapolis Experiment? Incapacitation refers to the fact that an offender is unable to recidivate while in confinement. 30. What is a “criminogenic effect,” and how does it relate to the Minneapolis Experiment? Means arresting an offender may cause greater subsequent offending. In the Omaha replication, arrest had either no effect or was found to increase subsequent abuse. 31. What was the law enforcement reaction to the Minneapolis Experiment? Police enforcement policies changed, and legislatures revamped their criminal codes. 32. What is the difference between “full” and “selective” enforcement? Full enforcement means the police arrest every violator for every illegal act whenever possible. Selective enforcement means the police arrest only some violators for some of their actions some of the time. 33. List two objections to patrol officer use of discretion in spouse abuse cases. 1. The lowest ranking members of the agency are the ones who determine how official policy translates into action. 2. Quite often these decision makers are the least accountable members of the agency, meaning their decisions are rarely subject to review. 34. What is a “pro-arrest policy” in spouse abuse cases? This means officers MUST make an arrest whenever feasible in IPV situations 35. Explain how the policy guidelines presented in Table 10–5 of your textbook reflect a pro-arrest stance with regard to intimate partner violence. 36. How have state legislatures relaxed the “misdemeanor rule” in instances of intimate partner violence? State legislatures removed the "in the presence of an officer" requirement. 37. What is the purpose of a “refuge house?” The purpose of these places is to provide the battered woman a safe haven where she can live until she decides what do about the abusive marital situation. 38. Use Table 10–6 in your textbook to explain how some states fund refuge houses. They mandate surcharges on marriage licenses and divorce settlements to underwrite IPV centers. 39. What was the academic reaction to the Minneapolis Experiment? Research concerns regarding external validity arose (how generalizable are the results?). Called for six replications throughout the U.S. that led to mixed results. 40. Define the term “internal validity.” Raises the question of whether the treatment caused the outcome, or whether outside influences contaminated the experiment. 41. Define the term “external validity.” Another way of asking how generalizable are the results of a study? 42. How are the terms “internal validity” and “external validity” relevant for the replications of the Minneapolis Experiment? The Minneapolis Experiment only took place in Minneapolis creating a lack of generalization (external). Because it wasn't conducted anywhere else, there is no way of telling whether or not something within Minneapolis interfered with the results (internal). 43. What did the replications of the Minneapolis Experiment find? Sometimes arrest deterred, other times it didn't. NO clear-cut findings. 44. What does the term “therapeutic jurisprudence” mean? The healing and sense of empowerment one may gain from moving forward with the case. 45. What is an “injunction?” Restraining order or a protection order against the abuser 46. What are some of the contents of a typical injunction? A form is filled out to request an injunction against a violent party. There is typically a fee that can be waived if the victim cannot pay. The judge can then issue a temporary training order on an ex parte. 47. What does “ex parte” mean with respect to a temporary injunction? Ex parte means the offender does not have to be present in order for the judge to take official action. 48. What reasons are there for the historical lack of prosecution in spouse abuse cases? Victims see that there are costs involved in going through with a case; retaliation by accused, lost time from work, last income from the accused, etc. Many victims change their minds about wanting to prosecute. Victims may feel guilty and assume some of the blame. Victims may be using the court for other reasons. 49. What is the purpose of a “no-drop” policy? The purpose is to let the offender know that is it the state, not the victim, pursuing the case, and to make abusers accountable for their actions. 50. Discuss three features of the “no-drop” policy contained in Table 10–8 of your textbook. 1. Prevents a burden of responsibility when pressing charges and prosecuting the case. 2. Gives victim coordinators the opportunity to further research a case and present a more complete profile to the prosecutor, 3. Prosecutor then has the opportunity to review the file and make better- informed decisions. 51. What is “forfeiture by wrongdoing,” and what implications does it have for prosecuting intimate partner violence cases? If the defendant impedes the prosecution by threatening, intimidating, or actually harming the victim, then he or she forfeits any Sixth Amendment protections against statements made outside the courtroom. 52. What did the United States Supreme Court rule in Crawford v. Washington (2004)? Justices decided in favor of Crawford, admitted testimonial statements w/o affording the defendant the opportunity to cross-examine the witness amounts to a fundamental violation of the Sixth Amendment. 53. What did the United States Supreme Court rule in Davis v. Washington (2006)? Court ruled that the McCottry 911 tape was nontestimonial and, therefore, admissible w/o triggering any Sixth Amendment protections. On the other hand, the affidavit in Hammon was testimonial and the defendant had the right to conduct a cross-examination of the victim. 54. What did the United States Supreme Court rule in Giles v. California (2008)? Giles' murder of Avie was considered forfeiture by wrongdoing and ruled that he had lost his right to cross-examine her due to the fact that he murdered her. Her police reports would count as sufficient testimonials. 55. How do these three federal rulings impact no-drop policies and victimless prosecutions? Some observers think it would behoove the system to concentrate more on why IPV victims do not testify against their attackers. Making victims safer, addressing economic security, recognizing that battering is an ongoing emergency, and introducing more expert witness testimony would help. 56. What is an “IPV danger or lethality assessment?” A series of questions to determine the degree of lethality in an IPV case 57. Referring to Table 10–9, talk about four factors involved in an IPV danger assessment. 1. Is there a history of domestic violence? 2. Does the perpetrator have obsessive or possessive thoughts? 3. Has the perpetrator threatened to kill the victim? 4. Does the perpetrator feel betrayed by the victim? 58. What is a “stalking law?” "The act of following, viewing, communicating with, or moving threateningly or menacingly toward another person." 59. Where does stalking fit into the cycle of violence? It often occurs after the victim decides to end the 'cycle of violence'. **AKA PARTNER STALKING** 60. What are the three key features of most anti-stalking codes? 1. Threatening behavior 2. Criminal intent by the offender 3. Repetition in the activities 61. What different kinds of behaviors can constitute stalking? Cyberstalking, which includes unwanted phone calls, sending unsolicited or unwanted letters or emails, following or spying on the victim, show up at places w/o legit reason, waiting at places for the victim, leaving unwanted items, posting info or spreading rumors about the victim 62. What is the Lautenberg Amendment, and what does it try to do? Bans gun ownership/possession by any person ever convicted of a misdemeanor domestic violence charge. The goal behind this initiative is to combat violence against women. 63. What is an ex post facto law, and why do people raise objections to it? An ex post facto law is when additional penalties are applied to cases that were already concluded and to situations in which individuals had already completed their sentences. 64. What is the significance of U.S. v. Hayes (2009)? This case lent further support to the weapons ban because West Virginia did not have a domestic violence law and Hayes appealed to a conviction of owning a firearm. 65. Explore two issues surrounding court-ordered mandatory counseling for convicted batterers? 1. Arrest serves as a'scared straight' tactic, makes fear the overriding motivational factor. 2. Whether the therapist will deal with one or both parties in the abusive relationship. 66. According to your textbook, what are the five stages associated with meaningful change in a person? 1. Precontemplation stage 2. Contemplation stage 3. Preparation stage 4. Action stage 5. Maintenance stage 68. What types of disenchantment with therapy are there? 1. Disenchantment Through Avoidance- Arises when the counselor sidesteps the issue of violence, rather than initiating a discussion of the battering, many therapists stand back and wait for the victim to broach the topic. 2. Disenchantment Through Action- Cements the woman's frustration with the therapeutic relationship, because the therapist usually opens a couples session by asking the male to give his version of what is taking place within the relationship (where he usually makes some effort to debunk the woman's rendition). This puts the woman into a position of having her truthfulness be evaluated. 69. What does your textbook mean when it says that a “one-size-fits-all” approach does not work with court mandated therapeutic intervention in intimate partner violence cases? It refers to the fact that court mandated therapy will not be a cure to the problem of IPVs for everyone. 70. What is “executive clemency?” Means the state governor, either alone or in consultation with a board or panel, commutes or reduces the original court imposed sentence to a lesser punishment. 71. What is the “battered woman’s syndrome?” Contends that the lethal or violent response by the woman who is in an ongoing abusive relationship represents the culmination of the cycle of violence and learned helplessness. 72. What are the five criteria needed for clemency consideration under the battered woman’s syndrome? 1. The applicant must be a woman 2. She must be incarcerated for murder or an intimate partner 3. She must document a history of abusive behavior from her intimate partner 4. She must have completed a portion of the imposed sentence 5. She must have an acceptable outlook on her experience 73. What is the “castle doctrine?” Where the victim is cornered in their own home and is forced to fight back. 74. Link the battered woman’s syndrome with the castle doctrine. While an opportunity to get out of harm's way might have been present at the time of the incident or the immediate conditions may not have amounted to a genuine threat to the woman's overall health or well-being, her past experiences have convinced her that no other feasible alternative exists. She is cornered in her own home where "castle doctrine" protections apply. 75. What is a “fatality review team,” and what does it do? Fatality review teams are established to dissect cases involving domestic violence, homicides, and suicides. The purpose of these are to study domestic violence deaths and near-fatal incidents in an effort to learn about the underlying dynamics and to improve formal responses. 76.What does the Florida Statute 741 say? How Florida uses marriage fees to combat the problem of spousal abuse 77.What does the Florida Statute 784 say? The stalking statute, which defines... 1. Harassment- Aggressive pressure or intimidation. 2. Credible threat- Intentionally saying something or acting in a way that would make a reasonable person afraid for his or her safety or the safety of his or her family 3. Cyber stalking- The repeated use of electronic communications to harass or frighten someone, for example by sending threatening e-mails.


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