Category: Criminal Behavior

Developmental Psychology: Psychological Approaches to Crime

On the night of January 19, 2013, a teenager 15-year-old call Nehemiah Griego shot and killed his father, Greg Griego, 51- year-old, his mother, Sarah, 40- year-old his brother Zephania, 9- year-old; and his sisters Jael, 5- year-old, and Angelina, 2- year-old. (Metro UK news)

The first person Nehemiah Grieg killed was his mother. He waited for his mother to fall asleep, and then the child took a 22 caliber rifle and shot her. Next to her sleeping mother was her 9-year-old brother, Zephaniah. Nehemiah woke him up, told him that his mother was dead and caused the boy to see his mother dead and then killed him. After this, the younger sisters of Nehemiah, Jael and Angelina realized that something was wrong and hid in their rooms until the boy killed them too. (Albuquerque Journal).

The teenager waited five hours for his father to return from work, to complete the massacre, waited hidden in the bathroom, and as soon as the father entered the house when passing through the bathroom the young man shoots (Albuquerque newspaper).

The adolescent told the authorities after killing his family, showed no regret and even mentioned, according to the police that he would kill again. He expressed the desire to continue to kill anyone and eventually end up dead afterward.

Initially, in the juvenile court, Griego would suffer a juvenile sentence, and that he would be under custody until he turned 21 years old. But 11 days before his trial, the Court of Appeal ordered a new mechanization hearing. A week after that hearing, Griego was transferred to Hart, who finally pronounced the sentence. Griego now faces 200 years. (Albuquerque Journal).

According to the allegations of lawyers and police, Griego’s childhood was marked by abuse at home mainly by his father, so the young man suffered a traumatic brain injury as a result of mistreatment and beatings. They also described Griego’s church-linked childhood. Griego develops it into a problem of anger that led to mass murder. (APP News).

After that, in recent years Griego has been in hundreds of hours of individual, group and family therapy, according to his lawyer, Taylor. Griego has also obtained a high school diploma and has begun attending community college and vocational classes. ‘Nehemiah’s latest psychological assessment confirms substantial progress and readiness for reintegration into society,’ Taylor said in a statement (APP news). The behaviors of Nehemiah Griego are inserted in psychological science with two perspectives: Developmental Psychology and Cognitive Psychology.

Developmental Psychology is mainly a scientific approach, which aims to explain how children and adults change over time (Lerner, Lewin-Bizan, & Warren, 2011). Most uniquely, it is a field that looks at change over time and what instigated those changes (Miller, 2011).

The discipline itself has two main goals: to describe the behavior at each point in the person’s development and to identify the causal factors involved in producing changes in behavior (Vasta et al. 1998). Developmental psychology as a field has informed many other subfields of psychology as well including educational psychology, child psychopathology, and forensic developmental psychology.

The case of Nehemiah Griego can be analyzed from a perspective of developmental psychology because he lived an aggressive childhood marked by his father’s violence. This traumatic fact aroused a revolt and violence within Nehemiah Griego that made him unload by killing his family.

In contrast, cognitive psychology refers to the study of human mental processes and their role in thinking, feeling, and behaving. Perception, memory, acquisition of knowledge and expertise, comprehension and production of language, problem-solving, creativity, decision making, and reasoning are some of the broad categories of such study. Cognitive psychology focused on ‘cool’ cognition and left the study of ‘hot’ cognition—thoughts infused with emotion—to other areas such as social, personality, and clinical psychology (Phelps, 2006).

We can link the Nehemiah Griego case to the structure of weapons knowledge. Griego used his father’s gun to kill his family, he had seen it before and this may have aroused a feeling of fear because he thought his father could use it against him since he mistreated him. And that fear turned to anger and that could be one of the reasons for the massacre. ‘ Weapon ‘ concepts (e.g., gun, sword, club) are linked closely to aggression-and hostility-related concepts in semantic memory because of their similarity in meaning and their close association in common experience.

The connection between these two perspectives is in the fact that he had a difficult childhood marked by mistreatment and for having access to weapons that awaken him aggression concepts of anger, which makes the connection with pain and hurt.

These perspectives fit into Nehemiah Griego’s behavior and play a very important role in understanding the case from a broader perspective and in taking a psychological approach.

Referências

1. 1998, V. e. (2 de Dec de 2014). Developmental Psychology: An Introduction. (B. Research, Ed.) In https://www.bartleby.com/essay/Developmental-Psychology-An-Introduction-FKVSX49JP9L5
2. A. Anderson, A. J. (s.d.). DOES THE GUN PULL THE TRIGGER? (g. s. e.g., Ed.) University of Missouri, Colombia. In https://cumoodle.coventry.ac.uk/pluginfile.php/2973023/mod_resource/content/0/Example%20Cognitive%20%20Social%20Psychology%20paper%20-%20Does%20the%20Gun%20Pull%20the%20Trigger.pdf
3. ELISE KAPLAN / JOURNAL STAFF WRITER. (9th de August de 2019). Nehemiah Griego to be sentenced as an adult. Albuquerque Journal. In https://www.abqjournal.com/1351976/nehemiah-griego-to-be-sentenced-as-an-adult.html
4. HUDETZ, M. (16 de March de 2018). Man who killed his family as a teen is ordered to adult jail. AP NEWS. In https://www.apnews.com/48159cf958a146a69a6066a8e889034a
5. Jacob Genious. (17 de Oct de 2017). METRO NEWS JOURNAL. In https://metro.co.uk/2019/10/17/remorseless-killer-who-shot-his-mother-father-brother-and-two-sisters-says-he-doesnt-want-to-go-to-jail-10936540/
6. KATY BARNITZ / JOURNAL STAFF WRITER. (15th de October de 2019 ). Judge delays sentencing for Nehemiah Griego. Albuquerque Journal. In https://www.abqjournal.com/1378821/sentencing-hearing-underway-for-nehemiah-griego.html
7. Lerner, L.-B. &. (2 de Dec de 2014). Developmental Psychology: An Introduction. (B. Research, Ed.) p. 12 Pages. Obtido de https://www.bartleby.com/essay/Developmental-Psychology-An-Introduction-FKVSX49JP9L5
8. Miller. (2 de Dec de 2014). Developmental Psychology: An Introduction. (B. Research, Ed.) In https://www.bartleby.com/essay/Developmental-Psychology-An-Introduction-FKVSX49JP9L5
9. Phelps, 2. (2015). Cognitive Psychology. Em S. McLeod (Ed.). Simply Psychology. In https://www.simplypsychology.org/cognitive.html

Different Theories Used To Understand The Causes Of Criminal Behavior

Heartless monster(s), that is all anyone can think of when someone commits a crime against a loved one. A few moments after however, the thoughts shift from describing the criminal less than human out of anger and grief, to a moment of confusion, making one wonder, “Why would someone commit a crime like this.” The answer to that universal question of why someone commits a crime lies in criminology, the study of criminal behavior. According to criminology research experts from Kent State University “criminologists and experts across related fields such as healthcare, sociology and psychology work toward an understanding of the causes of criminal behavior, both by proposing new theories and testing existing ones”(from para. 2 of Source 1). The most popular theories they have come across include “Rational Choice Theory,” which is the belief that criminals weigh the consequences, and rewards of a crime, to eventually come to a conclusion that committing the crime is “worth it”, giving the criminal a form of choice to commit the crime, “Social Learning Theory,” “Labeling Theory,” and “Biological Theory.” Despite what these theories suggest, I believe that in almost all situations, no matter the background, or mental status, someone has a choice to commit a crime, and should still be held accountable for committing a crime. When it comes to the punishment though, the defendant should be judged depending and based on other factors in the situation.

Along with “Rational Choice Theory,” another popular criminal behavior theory is known as “Social Learning Theory,” which theorizes that criminals or both directly, and indirectly taught to be criminals. That being said, “Social Learning Theory” splits these criminals into those who are taught, directly and indirectly. This theory begs the question though, if the criminals are “taught” to commit the crime, who is liable? The teacher, or the student? To answer this question the entire circumstance must be investigated, such as whether it was the student was directly or indirectly taught. Studies from Saul McLeod from simplypsychology.org has shown that a form of directly teaching criminals to be criminals was through “reinforcement or punishment,”(para. 10, Source 2) which means someone is taught to do something by being given a reward when they do it, and being punished when not doing it. Although people, especially parents use this to teach right from wrong, the consequences of using this method is that the parents or in this case “criminals” might be teaching the underling that doing a crime is the “right” thing to do. Can this form of teaching be punishable? The quick and controversial answer is yes and no because although the adult figure is encouraging crime, the criminal who decides to do the crime is liable because in the end that individual chose to do it which is linked directly to “Rational Choice Theory.” Next a form of indirectly teaching someone to commit a crime is through observation. According to McLeod, “Children pay attention to some of these people (models) and encode their behavior. At a later time they may imitate (i.e., copy) the behavior they have observed”(para. 3, Source 2). This situation is much easier to examine because of the nature, that whomever the child is imitating, is unknowingly teaching the child. Therefore the “teacher” is not liable at all if the child does, or does not do the crime. This again goes back to the fact that whether the child does the crime or not falls on the child’s own judgment, and choice to commit the crime. Along with the effects that a mentor or adult figure might have on a child or adolescent, society as a whole might affect someone through the “Label Theory.”

The third among the popular criminal behavior theories is “Label Theory.” This theory states that a child with a criminal record, who is designated as “a “whore,” or a “junkie,” or a “thief””(p.48-49, Source 3), will continue to commit crimes because of the horrible effect labeling puts on the child. These are just a few of the examples of such labeling, but the effect is the same, for it makes the individual more likely to commit the crime as “the individual internalizes and accepts this label.” In terms of “Label Theory,” the question can be asked, who is at fault, for if the community is in a way involved with the creation of a criminal by labeling the criminal, does that at all make the community liable? No, the community is not liable. This is because of the fact that although the community was a crucial part of the criminal doing the crime, the criminal chose to do the crime, and in the end that is all the courts need to know to prosecute someone. With “Label Theory,” and “Social Learning Theory” showing the psychological effects of how society and adult figures can shape an individual, “Biological Theory” talks about people who are born into criminals based on their genetics.

The last of the popular theories experts have come up with is the “Biological Theory,” which theorizes that some criminals do crimes because of genetic conditions, such as increase in hormones, or mental illnesses. Through a study on inmates “elevated levels of hormones- specifically, testosterone, which controls secondary sex characteristiccs and has been associated with aggression”(p. 46, Source 3), experts have been able to conclude that because these hormones are linked to voilent crimes. Although these hormones were not the sole cause of the crime, does it instill that because the individual was born with these hormones that they can be exempt from the crimes they have committed? Theses hormones do not exempt the criminals from their crimes because although the hormones have seemed linked to violent crimes, there has been no evidence of these hormones actually causing the crime. The second part of the “Biological Theory” involves mental illnesses. Throughout the last century as light has been shined on the importance of mental illnesses and how they affect an individual, especially in cases of crime. Unlike the situation with hormones, society has accepted that in the case of mental illnesses an individual is capable of unknowingly committing a crime. The government uses the “M.Naghten rule”(p. 81, Source 3) which is a way for the government to measure how insane someone was when committing a crime. If the individual could not control themselves when they committed the crime is he/she liable? The quick answer is no they are not liable, but they are however still acknowledged to have committed the crime. This means that no punishment would be given, which has made mental illnesses into an excuse in court after committing a crime. This being said unless the mental illnesses completely barred the individual from not committing the crime, they should still be punished.

Reflection On Criminal Justice: Opinion Essay

It is important for high school students who are interested in going into the criminal justice system to be educated on the field and the different careers made available to them. Careers in the criminal justice field are in high demand by United States citizens for both increased protection and better prison facilities. According to Johnson (1998), “students interested in working in the criminal justice system have many careers from which to choose, including policing, corrections, and the judiciary” (para. 1). Those who study law enforcement, and the courts will be eager to progress those systems. Within the criminal justice system individuals will learn about investigation, operations and even so much as first aid. There is also an importance of recognizing the use of force and avoiding police brutality. Though there are different careers to choose from, students will have the opportunity to better comprehend the criminal justice system and whether or not it is the right field for them.

First there are the general principles and best practices inside of this system to go over. Insanity defense standards involves an individual treated justly when receiving consequences for their wrongdoing. It has to be proven that the person in question committed a crime. It also has to be proven that the person in question, has the mentality to commit the crime consciously. According to Miller (2013), “note that not guilty by reason of insanity is not an excusatory or mitigating factor; it is literally a verdict of not guilty, as if the defendant did not to do it at all” (p. 86). This is when psychological evaluations come into place and goes hand in hand with the criminal justice system. Another principle centers on the awareness of criminal actions is not evenly distributed among the different ethnic groups

Let’s utilize a bucket as a metaphor displaying the demand for law enforcement within the community. There are three categories that could change the bucket and the level of water inside. Employees could possibly be leaked through a hole from the outcome of harassment. New recruitments might be prevented from flowing from the sink of new supply. Due to the possibility of work broadening, the bucket might enlarge. The bucket metaphor provides an image that an organization can run, in fact lack employees when it is functioning its full complement of present law enforcement (Wilson, 2010). It is important to realize there are both pros and cons to being a police officer. Individuals who desire to work in the criminal justice system, want to be able to help others in the community. Inside of this career are dangerous encounters but also good retirement and health benefits. On the downside in some locations the salaries are low and take part in the challenge of new recruitments. Job qualities like power, authority and a military environment were rarely the reason for a person to go into law enforcement (Castaneda et al., 2010). With recruitment, some see this as an opportunity and a door to other opportunities.

Conclusion

Though there are different careers to choose from, students will have the opportunity to better comprehend the criminal justice system and whether or not it is the right field for them. There are some differences present for the female and male gender who want a law enforcement career. Females compared to males were almost twice as likely to specify that working for a criminal justice agency in another department was the reason for being motivated to be an officer. A technique in recruiting women is having them start in jobs within the department. A low percentage of women shared that general advertising motivated them to want to have a law enforcement career. It is essential to be aware of the different techniques to recruit both genders.

References

1. Castaneda, L. W., Ridgeway, G., Rand Infrastructure, S. and E. (Organization), & United States. (2010). Today’s Police and Sheriff Recruits: Insights from the Newest Members of America’s Law Enforcement Community. Santa Monica, CA: RAND Corporation.
2. Laura Werber. Castaneda Greg Ridgeway 1973-; Rand Infrastructure, Safety, and Environment (Organization); United States. Department of Justice. Office of Community Oriented Policing Services. 2010
3. Miller, L. (2013). Psychological evaluations in the criminal justice system: Basic principles and best practices. Aggression and Violent Behavior, 18(1), 83-91.
4. Johnson, L. (1998). Preparing students for criminal justice careers. FBI Law Enforcement Bulletin, 67(9), 21-24. Retrieved from https://csuglobal.idm.oclc.org/login?url=https://search-proquest-com.csuglobal.idm.oclc.org/docview/204121346?accountid=38569
5. Wilson, Jeremy M. Police Recruitment and Retention for the New Millennium: The State of Knowledge. RAND Corporation, 2010.

Women in Criminal Justice: Analytical Essay

Imagine it, you have found the love of your life! He is tall, great head of hair, gorgeous eyes and a smile that could charm the pants off anyone. You could not be happier or more in love. Then, not long after your wedding day, everything changes. He is soon monitoring your every action. Giving you permission to whom you can and cannot speak to. Insulting you, and lastly begins to get physical. You make up excuses, telling yourself, family and friends ‘he is acting this way because he is stressed’, ‘he did not mean to hurt me, it was an accident’, ‘I pushed him too far’, and all the while he is telling you ‘he loves you’, ‘it will not happen again’, or that ‘he will change’. Unfortunately, this a norm for many women. Some battered women are trapped in the endless violent cycle. Some escape, constantly living in fear that their abuser will find them. Some are murdered during a violent attack. Some fight back, and while defending themselves, end up injuring or killing their attacker. Throughout this paper the battered women’s defense will be examined. Firstly, it will be determined what the threshold is to be considered a ‘battered woman’. It will then be discussed how the battered woman defense came into force, when this defense is considered valid, and lastly how this defense affected battered women throughout the justice system.

Lenore Walker describes battered women’s syndrome as “an act that has been committed and is necessary to protect themselves, or their loved ones – usually children” (Walker, 2002, p. 321). It is often used in a court proceeding to show the judge and the jury what the woman’s state of mind would have been at the time of the murder, as they typically do not occur in the traditional fashion that one might think of. This means that typically the man is sleeping, and is not participating in a physical assault on the woman at the time of the crime. According to Walker, prior to this defense, there was no defense for this type of crime and women were advised by their lawyers to plead guilty. During this time if a defense was given, it was usually in the form of an insanity plea (Walker, 2002, p. 321).

Many of these women claim that they committed these acts due to feelings of terror and desperation (Bartollas & van Wormer, 2014, p. 240). Meaning that they feel there is no other escape that is available to them other than to take another person’s life – often times a person they have loved, shared memories, or even made a family with – or risk having their life ended at the hands of their partner. The abused womans’ only escape is to use force in self-defense.

Despite the defense, in a 2012 report done by the National Institute of Justice, it has been found that one in every four women will be physically assaulted by a partner, or an ex-partner in her life-time (Bartollas & van Wormer, 2014, p. 229). This number seems quite high, and something ought to be done about the high levels of attacks women are encountering throughout their lives, more so on the end of law enforcement. There are several cases where the woman has reached out for help regarding death threats, assaults etc from partners/ ex-partners. Due to the process, lack of past reports, retracted charges, some women are often murdered before enforcement sees that they were in real danger. As a result of poor resources for battered women, over fifty percent of all women who are killed in the United States are murdered by previously violent husbands, usually when they attempt to terminate the relationship (Walker, 2002, p. 334).

Currently, in most Countries, it is against normative social values for a man to ‘beat’ their wife/ partner. However, historically, there was a time where a man had a right to behave in such a way towards a woman. So long as the violent act was not excessive, and rather used to correct unwanted behaviour, it was deemed acceptable (Bartollas & van Wormer, 2014, p. 227). These were the days where women were seen as chattel rather than as people, and a marriage certificate was proof that the man had ownership of his wife, which was indoctrinated by the English Common law. However, it took until the early 1980’s for this defense to receive some acceptance within the court system. As the defense became more and more popular, it became clear to attorney’s, health practitioners and psychologist the full extent to which the woman was affected by these violent attacks (Walker, 2002, p. 322).

It is said that Battered Woman Syndrome is a sub-category of Post-Traumatic Stress Dissorder (PTSD). It is a collection of thoughts, feelings, and actions that logically follow a frightening experience, where one could expect the experience to repeat (Walker, 2002, p. 327). PTSD is a diagnostic category found in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) and is often what military persons are diagnosed with upon return from intense combat. Many of the military persons who are diagnosed with PTSD often receive extensive therapy and medication in order to attempt to retrain their brain to refrain from the fight aspect of our innate ‘fight or flight’ response, and instead process the situation and access it, knowing that they are safe, and no longer in danger of repeated traumatic experiences. Battered women do not have access to this type of treatment due to social stigma’s placed upon them. Most see it as a private civil issue that does not require intervention.

In 1994 the Violence Against Women Act was enacted in the United States. This Act is federal legislation that provides and prevention and prosecution of violent crimes against women and children, and those who became victims as a result of said crimes (Bartollas & van Wormer, 2014, p. 228). This Act was to allow the public to recognize the severity of domestic crimes happening all around them. It was to raise awareness about the effects of violence, sexual assault and stalking of women and the hands of their partner. Similarly, across Canada, several provinces have enacted their own legislation that pertains to the protection of women when dealing with abusive partners. Many of these provincial legislations define domestic violence to include: physical abuse, threats and property damage, forcible confinement, and/ or sexual abuse (Girard, 2006, p. 1). In 2000 a provincial act was brought to the table in Ontario called the Domestic Violence Protection Act, which was put in place to better protect he victims of domestic violence. This Bill was introduced by the Progressive Conservative Party during the time that Mike Harris was in office. Although the Bill passed the stages in becoming a legislative document, it was never enacted.

According to Walker, a psychologist is to examine the battered woman to determine her state of mind at the time she retaliated, attacking/ killing her abuser. The psychologist first needs to determine if the woman was battered. This could be done by looking into past hospital records, out cries to family/ friends about the abuse, and or past police reports. Secondly, the psychologist is to determine if the abuse caused the development of Battered Woman Syndrome. Lastly, how that impacted on the woman’s state of mind at the time of the attack for which she is now being charged with. Was she angry? Was she in fear for her life (not necessarily in that exact moment)? The crime itself is closely investigated. Any and all evidence is gone over carefully as to access the defense appropriately.

Walker defines self-defense as ‘the use of equal force or the least amount of force necessary to repel danger when the person reasonably perceives that they are in imminent danger of serious bodily harm or death (Walker, 2002, pg. 323). Walker then goes onto state how the legal definitions and interpretations of these words are highly important, due to the fact that should one of the standards not be met, the entire testimony may be inadmissible. According to an article published in 2012, there is a distinct difference between how woman who kill their abuser are criminally punished (Sheehy, Stubbs & Tolmie, 2012). Typically, those convicted of first or second degree murder face a life sentence. The relevant difference between first and second degree murder with respect to battered women who kill it whether or not they planned their attack versus hiring a hit man (Sheehy et al, 2012). This differences is important as it will help the judge and jury during deliberation and sentencing, as well as parole eligibility.

In 2013, the Supreme Court of Canada held a case that became a significant impact on domestic violence. As a result of the R v Ryan case, there is more clarity on the defense of duress, as well as it shed a light on the ways in which society and the criminal justice system responds to cases of domestic violence. The appellant, Nicole Ryan (now Doucet) had suffered through years of abuse at the hands of her husband. Weekly, he would taunt her, threaten her, physically assault her, often times threatened to kill her and stating he would kill both her, and their daughter should she attempt to leave him. Ms. Ryan feared for her life and her daughters’ life and decided she would hire a hitman. Unfortunately, the hitman she hired happened to be an undercover police man and she was subsequently arrested and charged with counselling the commission of an offence not committed, contrary to the Canadian Criminal Code (McQuigg, 2013 p. 186). Upon trial it was decided that Ms. Ryan was in fact a victim and the only way out of the violent cycle was, in her mind, to kill her husband as all other avenues (local authorities) had been contacted to aide her and made it known to her that this was a ‘civil matter’ and not a criminal one.

Obviously not in agreement, the Crown appealed and was met with the same unanimous decision. Despite the fact that the Crown attempted to alter the case against Ms. Ryan, claiming duress was now not valid, the Court rejected the argument stating that ‘the purpose of the defense of duress is to absolve individuals of criminal liability in situations which their conduct is morally involuntary’ (R v Ryan, 2013). The Crown then appealed to the Supreme Court of Canada, where it was decided that the defense of duress was not a valid defense in this case. Although it was not a valid defense, the Courts agreed that the abuse suffered had taken a toll on Ms. Ryan and decided they would not subject her to a new trial, ordering a stay of proceedings. In addition, the Courts noted that had Ms. Ryan had received assistants from local law authorities, it is likely that the crime would not have been committed.

It is easy to see the impact domestic abuse has on a person. As previously stated, many women who attempt to seek help are often met with little to no avail. Our society turns a blind eye to women who claim their abused. They are stigmatized and often shamed into feeling it is their fault. Many women are never able to escape out of fear for their lives, loved ones, or simply because they have nowhere to go, or funds available to relocate. Unfortunately, those who have never experienced the terror and abuse have this notion that the solution is easy, just leave. What those people do not know is that these partners strip the women of all of their dignity, self-worth, confidence etc and make is so as though the woman is convinced that no one would believe them if they went to the authorities. The abused women loose contact with friends and family and become isolated and eventually prisoners of their own homes as a result of the psychological and emotional abuse.

In conclusion, it is not always black and white when it comes to using the battered women’s defense. It takes psychological testing and analysis to render the woman to have had valid reasoning to murder her attacker. Despite years of abuse, threats, bruises, there is still no guarantee that a court will find her defense valid, resulting in a lengthy imprisonment. As seen throughout the paper, there are many factors that contribute to the defense being valid, and how the courts navigate through the controversial matters. Local law authorities need to create a better approach to handling domestic abuse cases/ claims as this would drastically alter the outcomes for the women, and save several lives. Without this change, I fear that women will continue to have to validate their reasoning for getting the courage to fight back and regain their dignity. In addition, communities need to come together and create more shelters and funding for women who are able to escape. These women could be our mothers, our sisters, our daughters. They need all the help we can give, with zero judgment.

References

1. Bartollas, C. & van Warmer, K. (2014). Women and the Criminal Justice System (4th ed.). New Jersey: Pearson
2. Domestic Violence Protection Act, 2000, S.O. 2000, c. 33 – Bill 117
3. Girard, A., ‘Ontario Domestic Violence Protection Act: An analysis of discourse.’ (2006). Electronic Theses and Dissertations. 2931
4. McQuigg, R. (2013) The Canadian Supreme Court and Domestic Violence: R v Ryan, 2013 SCC 3
5. Sheehy, E., Stubbs, J., Tolmie, J., (2012) Battered women charged with homicide in Australia, Canada and New Zealand: How do they fare? Sage Journals 45(3)
6. Walker, L. E., (2012) Battered Women Syndrome and Self-Defense, 6 Notre Dame J.L. Ethics & Pub, 312 – 334. Retrieved from http://scholarship.law.nd.edu/ndjlepp/vol6/iss2/3

Hate Crime In The United States

Marginalized population relation with the mainstream culture

The meaning that the term ‘marginalized’ covers have expanded over these 40 years, beginning in the 1970s. It first began to consist of the meaning to portray the experiences of people living on the fringes of mainstream America during the social revolution in the 1970s, gradually changing its meaning to represent the minorities in society. This comprises of various cultures and populations, such as LGBTQ, racial/cultural minorities, those in poverty, or with some form of physical or mental disabilities. This term also represents individuals who just can not manage to fir into the main culture and suffer the consequences with significant disparities for them.

The History of Hate Crime in the US

A research conducted by the FBI has traced the history of hate crime as far back as World War I. A statement made by the former US president Lyndon B Johnson, who signed the Civil Rights Act in 1964, ‘Those who are equal before god shall now also be equal in the polling booths, in the classrooms, in the factories, and in hotels, restaurants, movie theatres, and other places that provide service to the public.’, has changed history. Since then, segregation was outlawed and created the basis of the ‘American Dream’.

Legislation in the US

After the civil rights era dating back to the 1960s, multiple adjustments were made to the law, with each states having their own hate crime laws to better play against ‘a traditional offense like murder, arson, or vandalism with an added element of bias’ (FBI, 2019). However, such acts as hate speech are not considered a crime in the United States, despite the fact that they are in Canada or the European Union which both are also regions that have similar issues in relation.

The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act signed by former President Barak Obama in 2009 is so far the most comprehensive model of federal protection. Nevertheless, in reality, the vast majority of noticed hate crimes that take place in the United States go through prosecution in the state courts. As stated above, the state laws differ depending on the states, such that the motivating factors of hate crime are narrowed down in some while others do not even have hate crime laws. These legislation statuses are playing a role in the current situation of hate crimes in the US in reference to the article above.

Bereaved Families

Sean Bell, 23, received 50 shots, in an unarmed, helpless state after the bachelor party, slain on his wedding day. He had a fiancee he loved, with two daughters that he adored from the bottom of his heart. Pautre-Bell, Seans’s fiancee, while expressing sympathy to those who have lost their children in similar situations where the victims were killed by the cops in an unarmed state says “I don’t know what it’s like to lose a child, but I know what it’s like to lose the father of my children.”.

Bell’s mother, Valerie, still bursts out in tears out of the blue which she calls her “Sean Bell Moments”. Bell’s father, William shares about Valerie that “She’ll start bursting out in tears without talking or saying anything. I ask her what’s going on and she just says, ‘Oh, I’m having a Sean Bell-moment.’ That’s a mother who lost her son.”

William Bell, was with his son at the club when the incident happened. Whenever another news of another killing by the police breaks in, the vivid image of his son dying in his car comes back and takes over his mind. He says that every time it happens, he falls into insomnia where he can not sleep for a few days, becoming afraid of going to sleep as he then sees his son getting killed. He then says, ‘I don’t care, people say you have to get over something, but that you can’t get over. . . It’s too much.’ The sorrow and anger of the victim’s family will not weather forever, stained in their hearts.

Hate Crime in Modern Society

The most recent statistics available are from 2017, where the reported numbers of hate crimes were 7,100. However, it is proper to say that these statistics are lacking validity. In fact, it is not compulsory for the local police departments in the United States to report their numbers to the federal department, resulting in some regions not sending anything at all. Hawaii, for example, is one of those regions making it obvious that the hate crime data collection process hasn’t been entirely effective, making us question the reliability of the data.

Nevertheless, the hate crimes survey conducted by the Bureau of Justice Statistics allows an estimation of up to 250,000 crimes a year (Glickhouse, 2019). Again in 2017, 87% of the data sent to the FBI from the police agencies reported 0 hate crimes (Glickhouse, 2019). 15 hate-related crimes were found in 10 cities which reported to have had no hate crimes after reviewing over 2,000 police records.

“The current statistics are a complete and utter joke”, says Roy Austin, a former general in the Department of Justice’s civil rights division. It is extremely difficult to prove that the defendant’s intention was based on a personal bias, making it more than difficult to prosecute hate crimes. An investigation held by ProPublica has shown statistics that there were less than 10 prosecuted cases out of approximately 1,000 hate crimes cases in Texas over the 5 years from 2010 to 2015.

Several cities including Boston and New York have specified units where they are dedicated to providing expertise to structure solid pieces of evidence for successful prosecutions. This is still not the case in many places where the local police are still in charge to attend the hate crime cases.

The Peculiarities Of Rape Culture In India

ABSTRACT

This paper aims at analyzing the problem of rape culture in India from various perspectives and discussing the reforms needed to curb it. Though many legislative amendments have been made with the intention of giving justice to rape victims, there has been limited effort to study the cause of the crime or to eradicate it from its roots. There is a desperate need to gain a fresh perspective, especially after the disturbing events that occurred in the city of Hyderabad on the 27th of November 2019. By analyzing the root causes there is a hope that one day these sort of crimes can be completely eliminated from India. There is an in depth analysis of rape by referencing the two most gruesome crimes which occurred in Delhi and Hyderabad.

INTRODUCTION

Crime against women also known as gender- based violence has been one of India’s greatest hurdles on its way to becoming a developed nation. Rape, kidnapping, flesh trade, dowry killings have become rampant in the past few years.

Sexual assault, rape and verbal abuse has become a common problem in India. Rape is the fourth most common crime against women in India. Women of all ages and social stratas are affected by this issue. What has lead to the increasing trend of crime against women? And what reforms need to be made in laws to deter future criminals?

THE INCIDENTS

The 2012 Delhi rape case, in which Nirbhaya,a young woman was gang raped and killed by 5 men, gained a lot of international attention. Nirbahaya boarded a bus,from Munirka and was attacked and gang-raped as her male friend accompanying her tried to protect her and was injured in the incident. Nirbhaya was brutally raped, beaten and thrown to the side of a road. The inhumane nature of the crime left the masses trembling with fear. It shook the country to its core and women all over India realized that a serious change was required to ensure the safety of women. 5 offenders were identified to be men between the ages of 19-35 years and the sixth offender in the Nirbhaya case was a juvenile. Delhi Police had initially booked the six men under sections 307 (attempt to murder), 201 (destruction of evidence), 365 (kidnapping or abducting), 376 (2)(g) (gang rape), 377 (unnatural offences), 394 (hurting in committing robbery) and 34 (common intention) of the Indian Penal Code.

Seven years later little has changed in India. This realization struck the masses as a 27 year old hyderabad veterinarian was gang raped in November 2019. Thousands of unsolved cases came to light as gaping holes in the Indian legal system were discovered. There is still a lack of forensic assistance, fast track courts and investigators. A shocking report revealed that DNA analysis took 2-3 years as very few forensic labs were available compared to the magnitude of cases. No provisions have been made for an emergency response system even after the nationwide outcry for women’s safety.

EXTENT OF THE PROBLEM IN INDIA

Rape culture in India has become rampant in the past decade. Even though the crimes have been on the rise the changes required to protect women have been none. The long and tedious trial itself is another tragedy for the woman. By the time any kind of justice is acquired the victim has gone through much more trauma than that which was initially inflicted on her.This has led to thousands of crimes going unreported as women do not want to face this ordeal and social stigma. So what changes need to be made to make these trials easier and more victim friendly?

As we can see in the table below, there has been a consistent increase in the rape cases reported every year but the conviction rate remains stagnant. Let us analyze the factors that might have contributed to these deadly statistics.

DEFINITION OF RAPE

IPC section 375

Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following de­scriptions:

• Against her will.
• Without her consent.
• With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
• With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.
• With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
• With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

This is the old definition of Rape. It had a very narrow scope and left out all other sexual assaults outside the purview of rape. The criminal law ( Amendment ) Act 2013 has made changes to the legislation to include Non penetrative sex as well. Rape is now defined to mean all other forms of sexual assault as well.

FACTORS CONTRIBUTING TO RAPE CULTURE IN INDIA

LACK OF EDUCATION – The education system in India severely lacks imparting awareness among young children. Without the knowledge of the act being committed and the concept of consent, the rise in rapes committed by juvenile offenders has been on a rise. Due to the conservative nature of the Indian society, it is a far fetched dream that children will be educated on the subject of rape from an early age. Rural population (% of total population) in India was reported at 66.46 % in 2017, according to the World Bank collection of development indicators, compiled from officially recognized sources. Even if the major cities like Mumbai, Delhi or Bangalore incorporate this module in their schools, almost 67% of school children still remain uneducated on the subject. This will hardly benefit the overall statistics of rape in India.

JUSTICE SYSTEM – The low conviction rate for the crime of rape is a major factor contributing to its increase. There are no fast track courts in place for the speedy justice of rape victims. Even though the offenders in the Delhi Rape case are being tried in a fast track court it has been 7 years since the crime was committed and yet there have been various review petitions and mercy petitions filed by the offenders in 2019. No deterrent effect is created by the justice system to scare future offenders for the consequences of their crime. Rape is a non-bailble offence in India. Nonetheless most offenders get bail due to lack of evidence, corruption or political contacts. The investigative system is generally insensitive towards the rape victim and to top it the judgemental society. Once the case goes to trial it can be years until a judgement is passed. Thus it would take a long time for the offenders to finally get convicted and the victim to move on with her life.

GENDER INEQUALITY – India is a male dominated society. Even though the Indian constitution gives men and women equal rights, the patriarchal system has left women handicapped to a great extent. Many rape cases go unreported due to the social stigma that is attached to rape. Women in general are afraid to report such crimes as the men in their own family might disown them. It would be difficult to get a woman married if she has been raped. Such women and their families are sometimes shunned by society. Even if the victim builds up the courage to report the case she has to go through a tough ordeal with the investigative authorities. There is no provision for women to report the details of the crime to female police officers. Thus, in most cases the victim has to give a detailed explanation of the crime and also her sexual history to a male officer. Many times this process itself is further demeaning and traumatic for the victim. It has been observed that during the trial of a rape case the women are blamed for wearing provocative clothing and thus being the cause of the rape. During the Nirbhaya trial one of the main offenders mentioned how the victim should not have been out of her house at 9pm and this raised questions about her decency and her character. This statement itself gives us an idea of the perception of women and their rights. Without a change in this fanatic conservatism, it will be difficult to prevent these sort of crimes.

INDIVIDUAL MOTIVE- Many a times rape might be committed by a man to show off his masculanity. The offender might want to take revenge against the victim or her family. It is a common practice in India that a young female member of the family will be targeted to tarnish the family’s reputation. The offender might also have some psychological issues, for example he might be a sex addict. In most cases there is no medical diagnosis or treatment since there is no awareness regarding these mental illnesses. As a result such individuals go rogue and indulge in criminal acts.

JUVENILE OFFENDERS

An important question was raised during the Nirbahaya trial, whether juvenile offenders should be treated as adults in case of heinous crimes like rape and murder?

The Juvenile Justice (Care and protection Act) 2000 was first passed in 1986. This act was passed to protect the interest of children who found themselves on the wrong side of the law. The act fulfills its purpose in the sense that it demands all individuals under the age of 18 years should be tried as Juvenile offenders even in the case of heinous crimes. At the time this Act was passed this provision might have been acceptable or even practical. But with the increasing amount of perpetrators who are found to be children, this provision no longer serves justice.

With such a provision in place people will try to protect their ward by claiming that they are a juvenile. This loophole related to the age of the offenders was a great issue in the Nirbhaya case. The Juvenile offender was declared to be 17 years and six month old on the day of the crime. This was determined by his school documents and birth certificate. A petition submitted by the Janata Party seeking the prosecution of the minor as an adult due to the violent nature of the crime was rejected by the Juvenile Justice Board. A maximum punishment of three years was awarded to the offender and he was thereafter released in 2015.

Pursuant to violent outrages and protest by people all over India the Juvenile Justice ( Care and Protection of Children) Act was passed in 2015. It repealed the earlier Act and made provisions for Juveniles in conflict with law between the ages of 16-18 years to be tried as adults in cases of heinous crimes. The magistrate now has the power to determine whether a juvenile should be tried as an adult. A new issue arose with the passing of the 2015 Act. The question was whether the Act could be applied retrospectively to the Nirbhaya Case. Despite the nationwide controversy this could not be done as the Indian constitution does not allow retrospective application of criminal laws.

Article 20. Protection in respect of conviction for offences

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

This provision clearly strikes down any attempt to punish a criminal under laws that are formulated after the commission of the crime.

According to the Deterrence theory of punishment, people are less likely to commit a crime if the punishment for the crime is swift and certain. In the case of juvenile offenders, if heinous crimes like rape and muder are punished with a minimum sentence and later the criminals are set free,

REFORMS SUGGESTED

EDUCATIONAL

• Imparting sex education in schools all over India.
• Teaching children about the offence of rape and its consequences.
• Self defence training for girls that begins in their school.
• Raising awareness about gender bias and how to eradicate it.
• Campaigns to change the overall mindset in India and to uplift the status of women.

SOCIAL

• Increased support to the victim so that rape cases do not go unreported.
• Support groups for the victim and her family so that they can get through the tragedy.
• Making sure that the victim and her family are not socially shunned.
• Increased Media coverage for rape cases
• Raising awareness about rape in the rural areas and giving them knowledge about the legal action that can be taken.
• Free legal aid for rape victims.

LEGISLATIVE

• Amendment of Rape Laws to make them par with international standards.
• Changing the law to make is more victim friendly.
• Change in the evidence collection procedure to increase the chances of a conviction.
• Increasing the number of forensic labs so that DNA testing is quick and efficient.
• Establishment of an emergency response system.
• Immediate filing of FIR in cases of Rape.
• Provision of female police officers during the investigation to make the victim feel comfortable.
• Establishment of fast track courts that give verdicts within a realistic time frame
• Medical examination of victim should be made as sensitive as possible.
• Maximum punishment should be awarded in cases of rape.

CONCLUSION

This paper has analyzed the crime of Rape from various perspectives. It suggests reforms to prevent the crime and also mentions actions that can be taken after the crime is committed. A better understanding of the crime and its root cause will help the process of eradicating it.

Hate Crimes And India

In the last five years, India has seen a rigorous rise in the hate crimes towards minority communities with Muslims and Dalits constituting a significant share as the victims of religious hate crimes. India is a Secular, Democratic, Republic, however, the responses from the state administration and machinery are in contradiction with these constitutional safeguard .The fairness and credibility of state apparatuses have been called into question due to its partial interventions in the hate crime cases.

These crimes are not an unfamiliar concept, however, the authorities consider hate-inspired crimes as stand-alone cases to perhaps lessen the gravity of the situation .But, at the same time, tremendous rise in hate-instigated violence has left it almost impossible to sugarcoat such crimes anymore. In India , we have gender-based violence, caste –based violence ,honor killings ,communal riots, violence and differential treatment against dalits, xenophobia, witch-hunting, violence towards LGBTQ community , ragging and bullying in school and colleges etc.

Amnesty International India’s interactive website ‘Halt the Hate’ has found that reports of alleged hate crimes have witnessed the steepest rise in numbers since 2016 highlighting a very alarming trend in the country. From September, 2015 to June, 2019, Halt the Hate has recorded a total of 902 reported hate crimes in India. Sadly, the true extent of hate crimes in India is unknown because the law, with some exceptions does not recognize hate crimes as separate offences. As a result of which, government data on discriminatory motives behind crimes remains missing. The alarming rise of the alleged hate crimes clearly indicates that lack of accountability and implementation of the Supreme Court guidelines with respect to such crimes. Incidentally, the National Crime Records Bureau (NCRB) which publishes annual statistics on the incidence of crime has not released its Crime in India Report since 2016.

Hate Crime Watch is a database of religious-bias-motivated hate crime in India. The project, launched in October 2018, maintains a counts of such crimes since 2009. India’s National Crime Records Bureau (NCRB) is a federal organization that tracks and collates information on a wide range of crimes, it does not count hate crimes primarily because there are no specific laws to deal with them. As of April 2, 2019, Hate Crime Watch has recorded 282 attacks which resulted in 100 deaths and at least 704 injuries. Muslims–who comprise 14% of India’s population were victims in 57% incidents, Christians 2% of the population were victims in 15% cases. Hindus who constitute the majority or 80% of population, were victims in 13% cases.

The United Nations human rights chief Michelle Bachelet issued a warning to India that its “divisive policies” could destabilize economic growth, stating the narrow political agendas were marginalizing vulnerable groups in an already unequal society. In her report to the UN Human Rights Council in Geneva, The ongoing atrocities against minority communities in India, she said, “We are receiving accounts that indicate increasing harassment and targeting of minorities – in particular, Muslims and people from historically underprivileged and marginalized groups, such as Dalits and Adivasis”.

Crime As A Learnt Behaviour In Relation To Domestic Violence

Crime is an omission that is punishable by the law and is a behaviour that can be learnt. In 1939, the theory of differential association by Edwin H. Sutherland suggested that criminal behaviour is learned by one associating with others who have criminal attitudes and norms (Jefferey, 1965). Modern learning theory revolves around the notion of conditioning, and the fact that behaviour is related to the environment in which it occurs (Jefferey, 1965). This essay aims to discuss the way in which crime is a learnt behaviour, particularly focusing on domestic violence, and providing examples and evidence of this. This will be achieved by reviewing Andersson’s (2017) and Jefferey’s (1965) papers and will be supported by using other sources focusing on domestic violence, including Bevan and Higgins’ (2002) paper. Finally, a conclusion will be drawn as to how crime is a learnt behaviour, the ways in which it is taught and how this is depicted through domestic violence.

Crime is a learnt behaviour

Criminal conduct is an operant behaviour; being that it is maintained by the changes it creates on a situation. For example, most crimes are property offenses and therefore have a reinforcing stimulus; such as money or cars (Jefferey, 1965). Burgess and Aker’s (1966) theory of Differential Association-Reinforcement states that a criminal act occurs in an environment in which the offender has previously been reinforced for this behaviour, and the consequences have not been taught in a way that prevent or discourage it. Suggesting, that criminal behaviour is under the control of the reinforcing incentives. However, if the criminal thought about the consequences of his actions as negative; the behaviour would not occur. It is assumed in this theory that the reinforcing quality of different stimuli varies between offenders, depending on the past conditioning of each person (Jefferey, 1965). Burgess and Aker’s (1966) amend Sutherland’s learning theory and more specifically state that “Criminal behaviour is learned, according to the principles of operant conditioning” (Burgess and Akers, 1966, p. 137).

Sigmund Frued’s Psychodynamic Theory argues that people commit crime due to experiencing trauma during their childhood. This theory states that criminal behaviour is a product of unusual personality structures from early on in one’s life; in turn creating malformed behavioural choices later (Andersson, 2017). Similarly, Albert Bandura’s 1977 Social Learning Theory postulates that individuals model their behaviour based on the reaction they get from authoritative figures; such as children and their parents. If children see that their aggressive behaviour is approved, they gain the understanding that such conduct is acceptable (Andersson, 2017). Correspondingly, children who grow up in an environment where aggression and violence is present, are more likely to perceive these behaviours as normal. This results in children having the desire to model the behaviours conducted by their parents, showing that violence and crime are likely to have been learned (Andersson, 2017).

Domestic violence is a learnt behaviour

Domestic violence is a criminal behaviour; one that can be learnt from experiencing it at a young age. Prather and Golden’s (2009) paper examines Social Learning Theory and the way in which significant models in a child’s life, play a major role in teaching them criminal or antisocial behaviour. The paper focuses understanding the affect that abuse and domestic violence can have on the quality of one’s relationships and behaviour. After an increase of 3.4% in juvenile delinquency in USA from 2005 to 2006, researchers argue the importance of exploring the nature of the relationship between the juvenile and their parents (Prather and Golden, 2009, p. 80). The social learning theory expects that learning occurs through interaction and observation. Findings from recent studies of violent juveniles, particularly those who commit murder, indicate that the offender has a history of severe abuse and has witnessed family domestic violence. Additionally, research found that parents of delinquent youths also have a history of domestic violence, therefore often have an underlying psychiatric disorder and are more likely to engage in inconsistent parenting practices. Research suggests that a history of abuse and neglect is an important factor of juvenile delinquency (Prather and Golden, 2009, p. 80), reiterating that crime; particularly domestic violence can be a learnt behaviour.

Domestic violence has repercussions for the health of everyone involved. Living in an environment where such violence is present, children suffer serious damage to the construction of their personality. The United Nation’s Children Fund estimates that a child or adolescent dies from domestic violence once every seven minutes. However, despite the rate of death, the specific number of children and adolescents experiencing domestic violence is unknown (Gonçalves dos Santos Lírio, J., et al., 2018). Goncalves’ (2018) paper defines any means of abuse directed at a child by anyone who is considered family, even if they are not blood related, as ‘intrafamilial’. In 2015, a qualitative research project was conducted, with 23 male defendants who had been criminally prosecuted of domestic violence. Three origin ideas were put forward: lack of affection, being the victim of domestic violence or witnessing it as a child (Gonçalves dos Santos Lírio, J., et al., 2018). Results presented that the men have suffered and continue to suffer emotionally, socially and cognitively after being exposed to domestic violence. With this information, the paper highlighted that children assume this type of behaviour is natural; replicating it as an adult, making domestic violence ‘intergenerational’ (Gonçalves dos Santos Lírio, J., et al., 2018).

The Australian Institute of Criminology released a publication in 2001, focusing on young Australians and domestic violence. The author, David Indermaur, explores a survey which was conducted in 1998 and 1999 by the Crime Research Centre at The University of Western Australia and Donovan Research. 5,000 Australians, aged between 12 and 20 years old from all territories and states of Australia, were interviewed. This survey found that up to one quarter of young Australians have witnessed domestic violence against their mothers specifically. Research also suggests that the type and severity of domestic violence can depend on the living situation, culture and socioeconomic status of the young person and their family (Indermaur, 2011). For example, 14% of male to female parental violence cases occur when the young person lives with both parents, as opposed to 41% when living with their mother and her partner (Indermaur, 2011). In relation to the effect this has on a young person, the outcome of the survey supports the thesis that witnessing parental domestic violence as a child, has a strong influence on the likelihood of perpetrating this behaviour in their own intimate relationships as an adult. To summarise, while the idea is supported, Indermaur highlights that witnessing this behaviour can increase the probability of perpetration, rather than it simply just being fate. Majority of those who grow up in violent homes do not continue this behaviour, but for those who do, the link between witnessing and perpetrating is complex. (Indermaur, 2011).

Most research commonly explores direct links between exposure to domestic violence as a child, and re-enactment as an adult. However, Bevan’s and Higgins’ (2002) paper questions whether domestic violence is in fact learned, or if the progression is actually far more complicated. With majority of research focusing on the heightened risk of perpetration of domestic violence if the offender has experienced it as a child, Bevan and Higgins explore spouse abuse and the factors involved in men partaking in this behaviour. Other contributing factors that were assessed in this study include low socioeconomic status in adulthood and alcohol abuse (Bevan and Higgins, 2002, p. 226). These factors do have influence on the behaviour, however exposure to domestic violence is the most common link. A few mechanisms to support this are investigated in the paper and include: identifying the aggressor, observational learning and positive reinforcement (Bevan and Higgins, 2002, p. 225). Substantial evidence has been found for the association between male perpetration of violence, and the exposure to physical abuse. For example, a sample was comprised of 36 men who attended counselling between 1996-1999. Respondents score the frequency in which they believed they were subject to or witnessed domestic violence as a child. The mean was 2.75 with scores ranging from 0-8 (Bevan and Higgins, p. 232). Increased aggression in men has been found to be a long-term effect of not only exposure to physical violence, but also psychological maltreatment and childhood neglect. Research reiterates that experiencing multiple forms of maltreatment as a child is associated with greater long-term issues, and the coexistence of these heighten the level of dysfunction as an adult (Bevan and Higgins, 2002, p. 227).

As discussed above, crime, specifically domestic violence, can be a learnt behaviour. The process of this is complex, and is ultimately a result of multiple factors. Victims suffer in more ways than one and react differently based on their personal situation. While this is not the case in every situation, studies have shown that the likelihood of someone perpetrating domestic violence is significantly higher if they have been a victim themselves. With this evidence, it has been proven that the behaviour is often intergenerational and has been learnt.

The Description Of Hate Crime And Its Strategies

As a new and under explored object of study, the definition of a hate crime is still not agreed on by many however it is a complex phenomenon. A hate crime is largely termed as one that involves violence which is motivated by prejudice based on religion, sexuality, race and other grounds. It has advanced in the fields of academia and criminal state within the United States, as most hate crime literature stems from an American origin and is drawn from the American experience of the rising rate of crime. Issues surrounding hate crime stay consistent and pertinent regardless of country and context, but the difference lies on defining the problem and the criminal justice system (Perry, 2001).

It’s much more than the act of mean-spirited bigots it is embedded in the structural and cultural context within which groups interact (Young, 1990: Bowling, Maghan and Tennant, 1993: Perry, 2001). It involves normalization of assumptions, behaviours and institutional arrangements and policies which are connected structurally to produce racialized and gendered hierarchies that allow characterization to occur within society. There have been many instances where the hate crime legislation ways have been reconfigured to differ the ways in which the criminal justice system deals with certain types of violence (encouraged by current issues and development into online victim movements, anti-racism movements and lesbian-gay activism, directed towards changing the ways we think about violence). Many states have specific prohibitions against cross burnings, institutional vandalism and acts that involve criminal mischief and/or trespassing.

However, Germany forbids the display of any Nazi symbols or signs and spreading of any racist literature (any literature/book which may offend another) (Bleich, 2007), whereas the United States allows political groups and individuals to promote racial hatred. In many cases, far right-winged political activity is discussed alongside hate crime, although the two are conceptually distinct. The Stephen Lawrence campaign (1993) was successful in mobilizing support from the political spectrum for a public inquiry into the murder of an 18-year-old black boy; as well as encouraging a change in the dial of the UK’s criminal justice system. There was a clear lack of progress in the initial investigation alongside a lack of activity being carried out by the investigating officers, who were handed the responsibility of bringing light to the situation at hand and serving justice where it is deserved (MacPherson, 1999).

In modern-day Britain, the colour of his skin should have had no bearing on the quality of the investigation however in this instance it did. It brought together parties as distinct as left-wing anti-racism movements and senior police officers. Dominant political discourse uses the term ‘oppression’ to describe societies other than our own, oppression carries a traditionally strong connotation of conquest and colonial domination (Young, 1990). Recent social movements (1960s and 1970s) shifted the meaning that designates the disadvantage and injustice people suffer due to everyday practices of an intentional liberal society, rather than a tyrannical power. The political theories of hate crime seek to explain he mobilization of grievances regardless of whether its rooted in frustration or fear. A political aspect explanation of hate crime draws on social movement theory to argue beyond the strength of their real grievance towards their victims (Merkl & Weinberg, 1997). Hate criminals are moved to act on the unspoken control of “political opportunity structure”.

Due to a visit and statement from Nelson Mandela on the Stephen Lawrence case, the case had the entire nations attention. Five years later after many meetings and denying the need of a McPherson report, it was published in 1999. The report (MacPherson, 1999) highlighted the official failings from within the investigation, which all contributed to an inadequate investigation. The Metropolitan police were deemed “institutionally racist,” this led to issues of race relations to be carried into the forefront, which forced attitudes to be confronted. This was a damaging blow to the Metropolitan Police and change were ready to be made in practices to recognize and reflect the cultural demographic within the UK (mostly within London). The report led to an overhaul of race relations legislation which created a strong force of anti-discrimination power to be found within western Europe (Travis, 2013). Britain primarily focused on policing and on the process of the judicial prosecutions given to racially aggravated crimes.

Many states have a clear choice to make about how much they willingly will use repressive policies aimed at public orders versus instructive policies that promote tolerance and democratic views (Bleich, 2007); Britain has emphasized sate led repressive measures by focusing on the police force and other public services. The report made 70 recommendations and 67 specific changes were made according to the recommendations given (MacPherson, 1995). As the report was critical, it was difficult for the authorities to ignore the rising hate crimes with the weakly known race relations legislation. Theoretically, it would be possible to examine changes within a country from a policy change and its impact. However, policies on hate crime are not like policies against general crime due to the most important factor being public order and the maintenance of peace within society as is normal crime. Nonetheless, the social cohesion is highly fragile when it comes to matters of hate crime. This is because sentiments of victim groups and society are a large part of policy effectiveness. The preservation of public order and promotion of social cohesion are difficult to bring together when producing a policy thus the abolition of the ‘double jeopardy rule’ was brought into action.

The law of double jeopardy was in force for 800 years until it was abolished in 2003 (and effective in 2005) following a series of high-profile campaigns (Butler, 2001). Once the new law was effective, suspects can be tried again for the same or similar offence if there is substantial evidence. To prevent an incorrect retrial, the Court of Appeal must decide if a retrial is appropriate. Gary Dobson was prosecuted 12 years after Stephen’s murder due to the abolishment of the double jeopardy law. Although there was a race relations act active at the time of the Stephen Lawrence murder, it was not the most beneficial. Until the amendment to the race relations act in 2000, the police and many other public bodies were exempt from following the race relations legislation; leaving the public in the hands of police officers, immigration services and others who essentially could not bide by the race relations act due to the ‘authority’ they had. The amendments made to the race relations act (2000) focused on the acceptance of the diverse demographic within the United Kingdom.

Racial discrimination was (and still is) outlawed in all public authorities and private sectors alongside the promotion of race equality by pubic bodies. This allowed and brought back the police and authoritative bodies into the general duty of being pro-active in seeking to avoid any discrimination before, whilst and after is occurs (Butler, 2001). Discrimination by police and other public authorities was locked down and confronted to ensure authority was not being misused. The amendment also allowed a clear streak into employment and work forces to keep a close eye on their workers and employers to avoid discrimination of any kind. It was now a requirement for each organization to have a “publicly stated policy on race equality”. They must have assessed how the organizations policies and programmes can affect ethnic minorities and act where needed (Butler, 2001) .

The manner in which societies define and debate hate crime comes from the political-cultural tradition of the area or country. During Germany’s hate crime rise in the 1990s, the historical and cultural perspective was dominated in both journalistic and academic dialogue. Although, many scholars disregarded the claim leading that the outbreak of such racist violence was due to the far right’s revival of Nazism (Merkl & Weinberg 1997; Prowe 1997), social scientist and social critics did find a link between the contemporary right wing extremism and xenophobic violence to the past Nazi revolution, which was led by national identity crisis in 1990 (McFalls 1997). Restricting immigration is a ‘blame the victim’ strategy that states have often used in response to racist violence (Witte, 1996). Hate crime alternatively can come from socially disintegrated individuals who feel as though they are not part of what is known as the ‘modernization’.

The modernization theory dominated post-communist transformation of the former German Democratic Republic (Habermas 1990) due to it giving a plausible explanation for the antiforeigner bitterness; economic dislocation and the breakdown of authority and societal norms; and social and spatial mobility coincided with an upsurge in racist hate crime (Green, McFalls, & Smith, 2001). The rapid changes of post-communist transformation had given a unique and temporary explanation to hate crime, another sector within the modernization theory appeals to the rest of the world, ‘globalization’. The sea of international trade of goods, services, people and ideas; it represents the leap in developing countries. Globalization does not only bring social cohesion and economical value, it also brings social exclusion and economical endeavour to the unskilled and undereducated. This theory implicitly goes through empirical research and allows a link to be made with antiforeigner violence to immigration and unemployment rates (Green, McFalls, & Smith, 2001).

As hate crime is a complex matter that is believed is a result of oppression and a long history of prejudice, within the nineties the United Kingdom stepped up and used its power to enable a change within the criminal justice system. Prejudice is an expansive concept that has been under the mask of hate crime and is difficult to tackle. This was due to the increase in high profile crime that was racially motivated and was seen as a threat to social and political factors. Although hate crime decreased since 1993 when many policies were deemed ineffective and new policies were enforced with the utmost care of the public at its discretion, over the last five years it has again seen a rise. The Home Office statistics show the difference in the number of convicted crimes each year, in the 2015/2016 report there are five monitored strands followed by the number of offences committed; 49,419 races hate crimes, 7104 sexual orientation hate crimes, 4400 religious hate crimes, 3629 disability hate crimes and 856 transgender hate crimes (Office, Hate Crime Stats, 2015/16). There was a clear increase in all five monitored hate crime strands between the 2014/2015 report and the 2015/2016 report. The increase in religious and racially motivated offences were peaking following the EU referendum which took place on the 23rd June 2016.

Around this time there was an increase in terrorist attacks around the world, which sparks fear in everyone however people begin to isolate and point fingers at certain communities and use aggravated violence as a method to release their fear against someone who is innocent but related to a tyrannical society. There was further increase in the reporting of hate crime after the Westminster Bridge terrorist attack on March 22nd, 2017. The hate crime statistics increased to 62,685 races hate crimes, 9157 sexual orientation hate crimes, 5959 religious hate crimes, 5558 disability hate crimes and 1248 transgender hate crimes (Home Office Statistics, 2016/17). There was 52% more hate crime recorded within 2016/17 than generic crime recorded. Although there are many policies and strong work going into tackling hate crime had on, it is not always predictable therefore it is harder to keep it contained and as public relation matter continue to bring fear and disgust into peoples minds and lives the matter of hate crime will only increase. However, public relations matters cannot be stopped as political, social and economical lives reside on such matters.

What Is Rape Culture?

It’s a sociological concept for a setting in which rape is pervasive and normalized due to societal attitudes about gender and sexuality. Many people think that rape happens when a random woman is attacked by a stranger that has been watching her or it can be someone she knows, someone she has befriended but that’s not the only way it happens. Rape Culture is such a big thing and many people are pushing it away and not realizing how much it is affecting women’s. There are many women from the ages 18-34 being raped and sexually assaulted not being able to speak up about what happened to them, scared of what people will say about them. They know that the law will be on the men’s side so they chose not to say anything. Women are being sexually assaulted because of what they wear, just because a woman wears something doesn’t mean she is asking for it. Every 73 seconds an American is being sexually assaulted.

A woman can be getting raped without even knowing that she is. Over 90% of victims know their offenders, half of the offenders is a family member. About 5.0% of women get pregnant due to being raped, many women go to abortion as there second chose 11.8% of women get an abortion. Some women don’t even know they are pregnant until the second trimester so a 5.9% of them take them to an adoption center. Rape is the cause of many unwanted pregnancies, and people still don’t see how big rape culture is and how there aren’t many laws because most men get away with it and that isn’t fair. When a woman gets rape people say “she asked for it”, “look at what she was wearing”, “she’s just making it up”, like how can a woman make up something like this, this is something that can be made up. Just because a woman is wearing something doesn’t mean she is asking for it.

In an article written by Kaelyn Forde, she talks about a woman who got raped two times, and how she didn’t speak up or anything. Her name is Alison Turkos she was 16 when she first got raped by a 19-year-old at a friend’s graduation party. She remembered going downstairs and everyone was clapping as if to indicate that was a great thing. When her dad came to pick her up she remembered telling herself “I will never tell a f***ed soul about this, I felt so dirty, I felt so disgusting, I felt like it was my fault.” Many victims feel like its there fault things like this happen to them, this might be why many girls feel like they can’t speak up. They are also scared about what people will tell them.

Women don’t ask to get raped and that’s one thing that men don’t understand when a woman says no it’s no. In an article called Memo to our Rape Culture: Girls are not a prey written by Holly Kearl state that 71% of women nationally have faced street harassment. Most of the harassment being made is by older men not boy the women’s age. A woman stated that “ A man in his thirties pulled his car up and rolled down the window and asked if he would give me 100 dollars if I would come in his car and have sex with him”, I was 13 she stated. Little girls shouldn’t be experiencing these kinds of stuff. Many of the men who rape women don’t even last a day behind bars. 34.1% of American Indian/Alaska Native rape women.

Women are getting pregnant due to getting raped, many chose to have the baby but others chose to have an abortion. 1% of women have an abortion, 4 states have passed 6-week abortion bans in 2019 many don’t have a choice to get an abortion, they don’t want to keep the baby because it will remind them about what happened to them. Abortion shouldn’t be an option, women who get raped should know that they should get checked up or at least be able to get a plan B. There are many options instead of having an abortion. In an article called Rape and incest account for hardly any abortions. So why are they now a focus? They talk about how in Alabama they passed a law banning abortions at any time period with no exceptions for rape or incest, only when the mother’s health is at risk. In Ohio and Mississippi, they passed a similar law. In a way, this is a good thing and a bad thing, because it the women’s choice if they want to keep the baby or not. Also, it’s a good thing because they wouldn’t be killing an innocent baby.