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Edited by
Ezzat A. Fattah
Professor, Department of Criminology
Simon Fraser University, Vancouver, Canada
M
MACMILLAN
Editorial matter and Chapters 1-4 and 6-15 © Ezzat A. Fattah 1986
Chapter 5 Crown Copyright and Her Majesty's Stationery Office © 1986
Softcover reprint of the hardcover 1st edition 1986
All rights reserved. No reproduction, copy or transmission
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Index 323
Acknowledgements
The 33rd International Course in Criminology on Victims of Crime
(Vancouver, 1983), for which the papers in this volume were
prepared, was generously funded by grants from Simon Fraser
University, the Solicitor General of Canada and the Federal Ministry
of Justice. Their contribution is acknowledged with sincere thanks.
The editor and publishers wish to thank the following who have
kindly given permission for the use of copyright material: Sage
Publications, for extracts from D. Lewis (ed.), Reactions to Crime,
pp. 19-46 (chapter by Wesley Skogan, "On Attitudes and Be-
haviours"); and the Institute for the Study and Treatment of
Delinquency, for extracts from "Victims, the Criminal Justice System
and Compensation", British Journal of Criminology, vol. 24, no. 2,
April 1984, pp. 131-49.
E.A.F.
ix
Foreword
The international course in criminology has an impressive history and
is universally considered to be one of the major scholarly events in
the field of criminology. Organized jointly by the International
Society of Criminology (Paris) and one of the world's leading
universities, the course has been held in various cities and capitals all
over the globe. Each year the course is devoted to a general theme
chosen for its importance and currency. The theme selected for the
33rd international course was "Victims of Crime", a most timely
topic. The course was held at the Westin Bayshore Hotel in Vancouv-
er, Canada, in March 1983 and was generously funded through grants
from Simon Fraser University, the Solicitor General of Canada and
the Federal Department of Justice. The course dealt with both
theoretical and applied aspects of victimology and examined in depth
the problems of research and practice encountered in this young and
growing discipline. The course was attended by one hundred and fifty
participants from Canada, the United States, Europe, Africa and
Asia. The international faculty for the course consisted of some of the
world's best experts and recognized authorities in the field of
victimology. Each faculty member invited was asked to prepare one
or two original papers for the course. This yielded over forty
previously unpublished papers. The present volume, devoted mainly
to research and policy issues, contains seventeen of the best papers
prepared. The papers were selected for their superior quality and the
importance of the topics they cover. The result is a book that
hopefully will be useful to academics, policy-makers, researchers and
criminal justice practitioners in a field where there are but few
scholarly publications. A project of this scope could obviously not be
realized without the help, co-operation and collaboration of many
individuals. I wish therefore to express my warm and sincere thanks
to the contributors who gave generously of their time, to Dr Denis
Szabo, President of the International Society of Criminology, for
asking me to organize and direct the course, to my colleagues at
Simon Fraser University for their understanding and support, to my
xi
XlI Foreword
wife Jenny and to Glenys Bailey, my secretary at the time the course
was held, for all the help and encouragement they offered me, and
finally to Ms Anne-Lucie Norton, senior editor at the Macmillan
Press Ltd, for her editorial guidance and assistance.
Notes on the Contributors
The editor
Ezzat A. Fattah is Professor of Criminology at Simon Fraser Uni-
versity. He studied law at the University of Cairo where he obtained
an LL.L. degree. He worked for thirteen years as a prosecutor in his
native country, Egypt; this was followed by three years of graduate
work at the Institute of Criminology, University of Vienna, Austria.
In 1964 he moved to Canada and received his M.A. and a Ph.D. from
the University of Montreal. He taught criminology at that university
until 1974 and then he was invited to found and chair a Department
of Criminology at Simon Fraser University, Vancouver. Dr Fattah is
a pioneer in victimology and has written on the topic as early as 1966.
He has published six books and eighty papers and has received
several honours including the Beccaria Prize and the Alex Edmison
Award. He served for many years as a national councillor for the
Canadian section of Amnesty International and is a member of the
Board of Directors of the International Society of Criminology.
James Garofalo received his Ph.D. in criminal justice from the State
University of New York at Albany (SUNYA), and is Executive
Director, Hindelang Criminal Justice Research Center, at SUNYA.
He has conducted several research projects pertaining to victims of
crime and has written a number of monographs and journal articles
on the fear of crime, victim compensation, and victimization surveys.
Notes on the Contributors xv
As Elias points out (Chapter 15), the now long-term cry for addres-
sing victim needs and for orienting the criminal process away from
the offender and toward the victim, has been closely associated with a
"law and order" approach to law enforcement. Get-tough criminal
policies have combined nicely with an apparent concern for the
victim.
Most victim advocates do not restrict their demands to a charter of
victim rights or to a better lot for those who are victimized. These
demands are usually coupled with, and in fact overshadowed by, calls
for harsher penalties, stricter measures and more oppressive treat-
ment of offenders. Getting-tough with offenders is often advanced as
the central or, at least, as an essential component, of society's
obligation to the victims of crime and as a sine qua non for redressing
the wrong done unto the victim. In this way, the noble cause of the
victims of crime is used as a pretext to unleash suppressed vindictive
impulses or as an excuse to act out the inhibited aggression against
Prologue 3
No one would dispute the fact that there is an urgent, pressing need
to care for and to protect the victims of crime. Any initiative and
every move aimed at achieving this goal should therefore be wel-
comed and encouraged. But as with other noble, worthy social
causes, there is always the danger of too much paternalism, of too
much interference in victims' personal lives, of overreaction and of
overdoing what we set out to do. One of the dangers of the present
orientation of the victim movement is that rather than bringing the
feuding parties together it will widen the gap that separates them,
that it will intensify the conflict instead of solving it. Some victim
Prologue 7
The welfare state has often been criticized for generating insatiable
demands for social services and for breeding an army of citizens
totally or partially dependent on these services. The critics maintain
that social services in the welfare state, whether run by professionals
or volunteers, whether they cater to the needs of the young or the
old, the poor, the unemployed or the handicapped, have a tendency
to develop dependency among their clients and even to extract these
Prologue 9
clients from their natural social networks. The truth of such allega-
tions is, of course, open to challenge. There can be no doubt,
however, that many social services do in the long run weaken social
ties by freeing the members of the traditional social network (rela-
tives, friends, neighbors, peers and so on) from some of the their
social obligations. Social services provide an alibi for our conscience.
They allow us to turn our backs on the needs of those fellow citizens
closest to us and to lay these needs at the doorstep of state agencies.
Victims of crime are now being defined as "society's orphans," as
the new herd of society's weaklings who are in dire need of the care of
the welfare state. Setting up social services for the victims allows us to
escape our own social responsibilities. And when victims are not
helped, when their needs are not met, when they are ultimately left to
suffer alone and in silence we need not feel guilty about our inaction,
we need not blame ourselves for not having lived up to our social and
civic obligations, we can always blame the authorities for their
inefficiency.
The professionalization of victim services presents yet other dan-
gers. The personalized care of the victim's social network is replaced
by the depersonalized care of the state. The victim who within his
family, his neighborhood or his small community is treated as a
person and who in such setting feels and acts as an individual is
converted into "a client," or a "recipient of services." He/she has to
suffer the dehumanization of being transformed from a person to a
number. In addition, the psychological support and regeneration the
victim feels when cared for by family or friends is replaced by the
agony and humiliation of having been placed within the hands of
strangers who have to deal daily with dozens of other victims.
tions about victim needs. Consequently she warns that public state-
ments about the worth of victims, which are later shown to be hollow,
may rebound on any who set up such ineffective schemes. This is
confirmed by her finding that by the end of police and court
processes, there was a significant decline in victim's satisfaction with
the police handling of the case and also a decline in attribution of
positive qualities to the police generally.
Elias's assessment of the state of victim services in the USA paints
a more negative and gloomier picture. Referring to victim compensa-
tion, he notes that there is overwhelming evidence that the most
apparent goal of compensation schemes, namely to help restore
victims by providing financial payments, is not being met. For a
variety of reasons, only a very small percentage of victims receives
any assistance, and when it does come, it is with much delay and
considerable inconvenience. Elias notes further that for the most part
offender restitution is unused and ineffective. Regarding social
service referals, he observed that most social services do not address
victim needs and do not accept victim cases.
The inadequacy of existing victim services may be traced to many
factors not the least of which is the insufficient funding and the
shortage of personnel. In the present climate of austerity and
financial restraint it seems totally unrealistic to expect major commit-
ments of funds and resources to victim services even when such
commitments entail the prospect of political gain. If that is the case
then it may not be too pessimistic to expect most justice for victims
initiatives to remain, at least in the near future, in the realm of
political rhetoric rather than becoming a social reality.
CONCLUSION
The claim that victims' desire for justice can only be satisfied through
the infliction of harsher penalties is neither logical nor rational and is
belied by empirical research on what victims really want. Inhumane
treatment of the offender is not and need not be be an outcome or a
corollary of humanitarian consideration for the, victim. And it is not
necessary to sacrifice the basic or the constitutional rights of the
offender in order to affirm and safeguard the rights of the victim.
Unfortunately, most of the so-called victim bills passed or are being
considered by legislatures of some American states contain disposi-
tions that amount to the abrogation of some of the legal safeguards
Prologue 13
which for centuries have been the pride of criminal justice in the
USA. How regressive and retrograde it would be to sacrifice, under
the guise of protecting the victim, any of the fundamental principles
of democratic justice, be it the presumption of innocence, the
requirement of corroboration in certain crimes, or the exclusionary
rule. Such action can only backfire! How easy it is to forget that "we
are all potential aggressors - differently placed and variously moti-
vated to harm our fellows." Yes, it is always easier to see or to
perceive ourselves as potential victims than as potential aggressors.
The suffering of the victim is not diminished by increasing the
suffering of the offender. Inflicting undue pain on the perpetrator of
the crime does not alleviate the victim's distress. And the humiliation
suffered by the victim is not erased by the degradation of the
offender. Humaneness is indivisible. We cannot be humane to one
party and inhumane to the other, be kind to the victim and cruel to
the offender. We cannot preach justice for the aggressed and at the
same time tolerate injustice toward the aggressor.
Furthermore, our concern for the victim's plight should not blind
us to the fact those we label as criminals are more often than not
victims themselves. Without subscribing to a purely deterministic
view of criminal behavior, without negating individual responsibility,
we cannot but recognize that criminal hehavior has causes. And
whether one believes in nature or nurture, in the bad seed or the bad
environment, in theories of innate criminal tendencies or theories of
learning, we cannot escape the conclusion that everytime a crime is
committed against one of our fellow citizens, we as parents, brothers,
neighbors, educators, friends or peers, have failed in someway. We
have to accept a share in the blame and a part of the responsibility.
The crime, therefore, does not create a one-sided obligation, but a
dual responsibility on our part, to the one who transgressed and the
one who suffered. Both need help and support, both need sympathy
and compassion. It would be against the teachings of Christ and the
spirit of Christianity to care for the aggressed but not for the
aggressor or inversely to care for those who have sinned but not for
those sinned against. And in the long run, the interests of victims and
of society at large are best served by humanity and compassion, by
tolerance and forgiveness, by the development of conciliatory and
forgiving communities rather than hostile and vengeful ones.
Whether for political, ideological or practical reasons, victim
movements have been largely selective (I would even say discriminat-
ing) in their focus, emphasis and action, in the victim groups they
14 Prologue
ON BEING A VICTIM
17
E.A. Fattah (ed.), From Crime Policy to Victim Policy
© Palgrave Macmillan, a division of Macmi 1986
18 On Society and the Victims of Crime
Doing so, I will raise the question: what characterizes - at the social
level- the ideal victim? With the term "ideal victim" I do not think of
the person or category most perceiving herself or himself as a victim.
Nor do I think of those in the greatest danger of being victimized or
most often victimized. These might or might not be included. By
"ideal victim" I have instead in mind a person or a category of
individuals who - when hit by crime - most readily are given the
complete and legitimate status of being a victim. The ideal victim is, in
my use of the term, a sort of public status of the same type and level
of abstraction as that for example of a "hero" or a "traitor." It is
difficult to count these ideal victims. Just as it is difficult to count
heroes. But they can be exemplified. Most of us will have some cases
in mind. Let me give you one from my culture: the little old lady on
her way home in the middle of the day after having cared for her sick
sister. If she is hit on the head by a big man who thereafter grabs her
The Ideal Victim 19
bag and uses the money for liquor or drugs - in that case, we come, in
my country, close to the ideal victim. It is so by at least five attributes:
(1) The victim is weak. Sick, old or very young people are particular-
ly well suited as ideal victims.
(2) The victim was carrying out a respectable project - caring for her
sister.
(3) She was where she could not possibly be blamed for being - in the
street during the daytime.
(4) The offender was big and bad ..
(5) The offender was unknown and in no personal relationship to
her.
- He was strong.
- He was not carrying out any respectable project.
- He could and should have protected himself by not being there.
- He was as big as the offender.
- And he was close to the offender.
This is not quite the situation. Not quite, and not yet. But
development is moving in that direction. There are no reasons to
believe that violence within the family has increased. But the status of
women has changed. Their material conditions have changed, so has
their self-conception. Beaten wives have thus come several steps
closer to being ideal victims, that is - to be seen and to see themselves
as such a species.
A condition, number six, for being an ideal victim, is thus that you
are powerful enough to make your case known and successfully claim
the status of an ideal victim. Or alternatively, that you are not
opposed by so strong counter-powers that you can not be heard.
* * *
* * *
But maybe Medieval thinking also had some strengths exactly because
of its personification of the source of unwanted conditions. Perso-
nification makes action possible. This we find illustrated if we turn
our attention to another type of non-ideal victim, one that is
prevalent in our type of society. What I here have in mind is the
ignorant victim, the one victimized without knowing. Or rather, the
24 On Society and the Victims of Crime
Ideal victims need - and create - ideal offenders. The two are
interdependent. An old lady who breaks her hip after a fall on an icy
pathway gets sympathy, but no headlines. If her fall were due to a
pursesnatcher, she would have been well suited for at least a notice in
the local newspaper. The more ideal a victim is, the more ideal
becomes the offender. The more ideal the offender, the more ideal is
the victim.
The point might be illustrated through the not-so-ideal offender. I
have three types in mind. One is the drug-pusher. In Norwegian we
call him "narkohai," that means "narco-shark." It is the big operator,
the man who imports large quantities of dangerous drugs, the man
who cynically and just for profit, causes enormous sufferings in the
population. He does not use drugs himself. He does it only for the
money. To punish him, we have increased the penal tariffs enormous-
ly. Our Parliament, the 'Storting." has just received a proposal from
our Cabinet to increase the tariff to 21 years for such dealers. In
practice, it will be a harsher punishment than that for murder. The
only problem left is the lack of such dealers. As B0dal (1982) had
proven: with some few exceptions, the situation is one where the big
sharks do not exist. Importers do of course exist. But they are nearly
always users themselves. They are victims of their own trade.
Probably they were victims before they engaged in the trade.
Offenders that merge with the victims make for bad offenders, just as
victims that merge with offenders make for bad victims. For the social
pedagogical task of building up strong negative attitudes against
drugs and drug dealers - getting acceptance for a penal tariff far in
excess of all usual standards, the image of the shark was - and is -
extremely much better suited than the offender who in reality is a
suffering victim.
Most violent offenders are in reality not so ideal either. Most are
known by the victim, many are intimately close to him or her. When
it comes to violence between men, a great amount of it takes place in
public places, while both offender and victim are intoxicated, and in
situations where it is rather unclear who initiated the violent action.
Statistically, this is the typical pattern. But as it is clear to us now, this
26 On Society and the Victims of Crime
weak. With equality, they get reduced claims to the status of being a
good classical victim.
Again the little old ladies can illustrate my point. They can be
protected in two principally different ways. The one is more police,
more severe punishments, still more public sympathy. But this is a
solution with considerable costs, even for the old women. The costs
are derived from the excessive attention given to their potential status
as victims. This attention does also produce anxiety. This fear of
crime is a life-handicapping feature of old people's existence. The
more attention we give them as victims, the more they fear.
The other alternative would be to make old ladies once more
eligible for witch-status. That means - adapted to modern times - not
to give them such a dependent status as in our societies, not to let
them live a life so stripped of important social functions. The old and
often highly derogatory jokes about mothers-in-law do not exist any
more in my culture. They are not needed. Mothers-in-law are not of
any social importance any longer. Old people are placed outside of
most important tasks in society. They are mostly well fed, comfort-
able, warm and often - in contrast to old-beliefs - visited by their
relatives. But they are receivers, consumers, clients - not producers.
No one is dependent on them. With more power, and a more active
social life three things would have happened. They would probably
more often become real victims of crime, they would receive less
attention when they were victimized, and they would have less fear of
becoming victims.
* * *
NOTES
REFERENCES
31
E.A. Fattah (ed.), From Crime Policy to Victim Policy
© Palgrave Macmillan, a division of Macmi 1986
32 On Society and the Victims of Crime
In part, this form of incision flows from the social organization and
sponsorship of public attitude research. Established chiefly to answer
questions put immediately or mediately by government
organizations,8 that research has been expected to furnish rapid,
unambiguous and quantified data. It has been bureaucratized, gov-
erned by an emphasis on administrative practicality, and dominated
by technological issues. The efficiency of data-processing has become
paramount. Its attendant research has come to form a distinct and
recognized part of the division of intellectual labor , the province of a
separate array of polling and survey institutes which were never
intended to manage delicate epistemological or sociological prob-
lems. Gallup, National Opinion Polls, Roper and Crossley have
formed one wing. Special units at a number of universities and
agencies have formed another. Their thrust has been towards the
presentation of useful, digestible materials which are phrased in
common-sense language for common-sense purposes. In turn, defini-
tions of public attitudes and public opinion have sometimes mirrored
those technical and organizational imperatives:
between the inner and the outer world is perfectly valid. It has been
celebrated in a number of ways, one minor example being the
distinction traced by English and Canadian Criminal Injuries Com-
pensation Boards between the morally deserving and undeserving
victims of crime. The undeserving lost some of the rights of
citizenship that are attached to those who inhabit the inner and moral
territory.
The thesis that the true society is victimized by outsiders may be
discerned in the moral schemes of many societies. It may be detected
in the political charts of late seventeenth century England. There was
a dominant metaphor for society: England was an organism, a body
politic, made up of properly aligned and proportioned parts with
different functions and degrees of importance. Each part had a task
to perform and harmony was secured by the working co-ordination of
the whole. Crime and unrest became distempers and fevers, the
results of the harm inflicted by the pests and parasites who had no
place in society. Criminals were foreigners who victimized those who
belonged within. Consider Ogg's depiction of what he has called the
English Ancien Regime:
The self and its boundaries are socially constructed. Crime can
disrupt them and damage a sense of the orderliness of things.
People are not empty vessels into which typifications are poured.
They are reflexive, able to stand back and examine their ideas about
society. But they cannot go too far. Examination is founded on those
selfsame typifications, representing the ideas of society folding back
on themselves. It is impossible to emancipate oneself from the social
world: to do so would not give enlightenment but a version of
madness and unintelligibility. Within that very limited scope offered
by the play between ideas, some negotiation can take place. People
do seem to qualify newspaper accounts about madness 32 and mediate
stereotypes when they have dealings with homosexuals. 33
Yet it remains that the content of many representations is beyond
the practical reach of most people. It refers to phenomena not
commonly experienced or to a metaphysics that shapes experiences
but cannot be experienced directly itself. For many purposes, its
imagery defies challenge, modification or replacement. It may come
to possess its own authenticity, again becoming real enough in its
consequences and acting as an effective framework of causes and
connections. If society's attitudes are to be found, it may be that they
exist chiefly in the daily press, television shows, novels and the more
elevated discourse of officials. And, indeed, people's conceptions of
crime and victimization do seem to echo the ideas conveyed by the
mass media. 34
There is a third perspective which can illuminate the character of
society's attitude to the victims. It emerges when it is recalled that
any typification of society can never be the object of goalless
speculation. Society takes no form unless it is contemplated to some
purpose. And when it is so contemplated, it becomes a situated
achievement which will change from place to place, group to group,
time to time, and problem to problem. There may well be objectify-
ing and stabilizing structures which lend it some generality: society is
not a mere will-O'-the-wisp that misleads by its fugitive appearances.
Some universality and permanence of character are provided by
common systems of language, currency, methods of computation and
social institutions. There is a working consensus about many social
forms, a consensus powerful enough to take a stranger from scene to
scene without too much misunderstanding. Yet those systems and
forms are not employed in identical fashion by everyone, and there is
no consistent agreement about their implications, their possible
relations and their relative importance. To some, America is the land
40 On Society and the Victims of Crime
group has been infused with the concerns and history of the other;
each has changed the experience and stocks of knowledge of the
other; and each has begun to blur with the other. The appearance of
Rape Crisis Centres and Transition Houses was important to the
Canadian women's movement: it gave shape and public definition to
the movement, and it directed some of the movement's course. The
victimized woman has been inescapably caught up in the local and
general politics of feminist politics, particular women's campaigns
and the competence and interests of activists. Her significance has
never been neutral but partisan, and it could not be easily blended
with the politics of other victims and other bodies.
Elsewhere in this book I have narrated how victims are being
escorted through a procession of committees, and I do not propose to
repeat my argument. It should be recollected, however, that what
had been born in the Ministry of the Solicitor General of Canada,
acquired a second parent in the Department of Justice, and has since
been subjected to ceremonial inspection by a host of federal,
provincial and private agencies. Originally, the Initiative was an
uncertain amalgam of disparate aspirations about the victims, aspira-
tions that welled up out of the personal and institutional experience
of officials, policemen, provincial figures and feminists. Presented to
the world, it was left deliberately incomplete to encourage the
extension of that proprietorship which is so indispensable to the
survival of a new venture. It has ceased to be the exclusive property
of a first generation of involved institutions, having been passed to a
second generation in an effort to secure protection and sponsorship.
That second generation has become implicated principally for
reasons of State and etiquette. It is not necessarily bound up with the
fate of the politics of victims. Neither did it participate in their
history. Some of its member organizations have had very little
interest in victims. Others have had particular concerns. The Depart-
ment of National Defence, for instance, has been preoccupied chiefly
with the problem of wife battering on military bases.
The more recent history of the Initiative may then be interpreted in
part as the uneven and occasionally fitful evolution of a loose network
of coalitions, committees and co-ordinating bodies that have been
united by the common problem of crime victims. Some institutional
representatives have withdrawn from those deliberations, not always
announcing their reasons for having done so. Others seem to have
found it difficult to achieve union or co-operation. Others still have
been transformed by their participation, enlarging or changing their
42 On Society and the Victims of Crime
NOTES
INTRODUCTION
53
The second way the two systems differ fundamentally is in the way
they detect events. The crime victim survey assumes that members of
a population experience some happenings as crimes, that they store
information about them, and that they can recall them as discrete
events. The law enforcement information system is based on the
presumption that the police on their own cannot detect many crime
events and that they are selective in their proactive detection of
crimes. At the organizational level a police department assumes it
cannot detect or react to all occurrences of crimes. The volume of
crime events that occur lie beyond the organization's resources and
its capacity for proactive deployment as events occur. A police
agency, moreover, takes it for granted that it cannot and will not
know about many crime occurrences because citizens do not call
them about many crime matters in private places and they are not
always organized to respond to those brought to their attention to
determine whether or not a crime has occurred. A citizen may call the
police, for example, but the police may be unable to locate the citizen
or to collect information on the reported crime. There are a number
of reasons for this inattention by the police: the citizen victim or
complainant may have given incorrect location information because
of unfamiliar surroundings; the dispatcher may have given the
officers incomplete information; the victim may have changed loca-
tion after reporting; the event could have been reported by someone
other than the victim who either refuses to talk to the police when
they arrive or who can give only incomplete information to the police
when they gather information on the event. Police detection systems
consequently assume that many events cannot be detected by them
proactively and that they will not be mobilized to deal with many
others reactively. They tend to assume that the most salient events
with serious harms to victims will be brought to their attention. They
do not share the presumption of the the victim survey that they can
know all events which have victims.
The third way that the survey differs from official information
systems lies in how they record and categorize detected events. The
victim survey is based on the presumption that victims can recall all
experiences connected with those events, within a tolerable range of
error. We note, in passing, that this presumption is not altogether
sound. To cite but one example, not all victims can describe what
happened when they were victimized because their victim status
precluded their observing and storing information, e.g. they were too
intoxicated, they were rendered comatose by the offender, or they
never saw their assailant. In these cases, police obtain information
60 On Surveying Victims
about the victimization events from others who saw the event or
discovered the victim. Often in these cases the victim's knowledge
comes from the detectives who interview them subsequent to the
occurrence or from the accounts of others who witnessed some part
or all of the event. The victim survey records that information as the
victim's recall of the event.
Police information systems assume that whether or not a record is
to be made of an event brought to the attention of a police officer as a
crime matter is specified by its rules for making such matters a matter
of record but that all "notifiable" or "reportable" offenses are to be
made matters of record. Although the decision to record an event is
specified by rules of reporting and structured by report forms,
whether to classify a matter in a reportable offense category is a
judgment of officers who make the report or who later classify
information the officer provides on the event. Similarly, it is under-
stood that for a variety of reasons the officer may unofficially choose
to exclude bona fide matters by not reporting them as matters of
record or by classifying them as lesser offenses that are not "noti-
fiable." Once a matter becomes a matter of record, however, the
information is retrievable from the record. Where the victim is the
source of information for the police report and the survey report, the
experience must be recalled and reported to both collection systems.
The time lag between occurrence of an event and the collection of
information about it is shorter for the police than for the survey
report, but it is not known how this differential lag affects the
quantity or quality of information.
The systems differ, fourthly, in how they are organized to store and
retrieve information that is made a matter of record. The victim
survey is designed to store all information relevant to any reported
victimizations. The information is stored in such a way that it can be
aggregated for a population of victims, and for their victimizations. In
national surveys, the survey is usually designed for aggregate report-
ing at the national level and for a limited number of sub-national
territories whereas police departments can report all information for
small areas such as police precincts or census tracts, if their size
warrants it.
Correlatively, police reporting systems are organized for a number
of different but related objectives. The police case report is in the first
instance a record for further investigation or a decision as to its status
and classification as a reportable offense. Where an arrest is made, it
Official & Survey Statistics 61
(1) A subset of cases that are identified by both the official and
survey reporting systems. The survey attempts to identify this
subset within the survey data by asking whether the crime was
reported to the police and treating those where the respondent
said someone reported it as the overlapping subset. This is at best
a crude estimate of what is officially recorded crime both because
police have enormous discretion to determine whether a reported
offense will be a matter of official record and because of errors in
reporting and recording in both systems. Again, there are three
subsets of cases for what respondents say to the survey inter-
viewers:
(a) cases where both agree they were reported and there is an
official record;
(b) cases where the police have an official record and the
respondent fails to report it as reported to the police;
(c) cases where the respondent says there should be an official
record and there is none. Note that in this latter case there
are at least two distinct subsets: one subset includes cases
where the police were mobilized but for discretionary or
Official & Survey Statistics 69
Any estimate of how much crime is there from these sources must
derive that estimate from these three subsets. There are statistical
techniques for doing so based on the capture-recapture models for
biological ecology and the dual and multiple record systems model of
epidemiology, as noted above. Suffice it to say then that the amount
of crime there is using the pooled information is greater than that
estimated from the survey because of the information provided by the
non-overlapping of cases from both the survey and the official record
systems. Suffice it also to note that the amount is greater than the
amount of non-overlap because the statistical model is based on the
two being estimates of a universe where there is a "true" rate.
What we can conclude from our review of comparisons of official
crime with survey crime statistics in the US and in Britain is that our
current procedures for collecting information do not permit us to
make a pooled estimate of the amount of crime. Rather, what we
have are crude and fairly misleading ways for making such estimates.
A review of the British, US, and Canadian surveys permit a few
conclusions about the current state of estimation.
Firstly, it may be worth noting that when estimating how much
crime is there by pooling information from surveys and official record
70 On Surveying Victims
CONCLUSION
Far too much of the literature on UCR and NCS has focused on the
differences between the two series rather than seeing them as two
ways of estimating the crime rate. The richness and diversity of
information on crime events, their victims, and their offenders, in
police information systems, moreover, permit kinds of analyses that
are usually difficult to obtain from surveys of victims and offenders.
Police statistics thus have a considerable role to play if they are
developed in ways that make them complement victim surveys.
Victim surveys similarly should be designed so that one can do
additional estimates using police based information systems. The
focus of attention in victim surveys, however, should fall less on their
utility for estimating crime rates per se than upon the kinds of
analyses that can be done with an expanded analytical victim survey.
NOTES
1. There are no reliable statistics on offenders mobilizing the police for their
own violations comparable to those of victims mobilizing the police for
their own victimizations. What is known from police mobilization studies
is that offenders rarely mobilize the police except for homicide. A
minority of offenders, however, knowing that someone has mobilized the
police, remain at the crime scene until the police arrive. Offenders, like
Official & Survey Statistics 77
REFERENCES
Biderman, Albert D., and Reiss, Jr Albert J. (1967), "On Exploring the
'Dark Figure' of Crime," The Annals, vol. 374, pp. 1-15.
Biderman, Albert D., James P. Lynch, and James L. Peterson (1982), "Why
NCS Diverges from UCR Index Trends" (Washington, DC: Bureau of
Social Science Research, Inc., July).
Bieck, William H. (1979), Response Time Analysis, vol. III (Kansas City
Board of Police Commissioners).
Black, Donald J. (1971) "The Social Organization of Arrest," Stanford Law
Review, vol. 23, pp. 1087-11l.
Black, Donald J., and Reiss, Jr, Albert J. (1967), "Patterns of Bahavior in
Police and Citizen Transactions" in Albert J. Reiss, Jr, Crime and Law
Enforcement in Major Metropolitan Areas, vol. II, section I, President's
Commission on Law Enforcement and Administration of Justice
(Washington, DC: USGPO).
Blumstein, Alfred, and Koch Gary C. (1980), "A Prolegomenon for a
Macro-Model for Criminal Justice Planning: JUSSIM III" in Stephen E.
Fienberg and Albert J. Reiss Jr, Indicators of Crime and Criminal Justice:
Quantitative Studies, US Department of Justice: Bureau of Justice Statis-
tics Publication no. NCJ-62349 (Washington, DC: US Government Print-
ing Office, June).
Bureau of Justice Statistics (1982), Criminal Victimization in the United
States, 1980, US Department of Justice (Washington, DC: USGPO).
--(1983), "Criminal Victimization in the US: 1980-81 Changes Based on
New Estimates," Bureau of Justice Statistics Technical Report, NCJ-87577
(March).
Cannavale, Jr, Frank J. (1976), Witness Cooperation (Lexington, Mass.:
Lexington Books).
Carothers, A. D. (1973), "The Effects of Unequal Catch ability on Jolly-
Seber Estimates," Biometrics, vol. 29, pp. 79-100.
Cormack, R. M. (1972), "The Logic of Capture-Recapture Estimates,"
Biometrics, vol. 28, pp. 337-43.
El-Khorazaty, M. Nabil, Imrey Peter, Koch Gary, and Bradley Wells H.,
(1977), "Estimating the Total Number of Events with Data from Multiple-
Record Systems: a Review of Methodological Strategies," International
Statistical Review, vol. 45, pp. 129-57.
Federal Bureau of Investigation (FBI), (1980), Uniform Crime Reporting
Handbook, US Department of Justice (Washington DC: USGPO).
Fienberg, S. E. (1972), "The Multiple Recapture Census for Closed Popula-
tions and Incomplete 2 (k) Contingency Tables," Biometrika, vol. 59, pp.
591-603.
Fyfe, James (1978), Shots Fired: an Examination of New York City Firearms
Discharges (Ann Arbor, Mich.: University Microfilms).
Hindelang, Michael J., Hirschi Travis, and Weis Joseph G., (1981), Measur-
ing Delinquency (Beverly Hills, Calif: Sage Publications).
Hough, Mike, and Pat Mayhew (1983), The British Crime Survey, Home
Office Research Study no. 76. (London: HMSO, Jan.).
Official & Survey Statistics 79
INTRODUCTION
MEASUREMENT ISSUES
Beginning with the work of the Crime Commission, there has been a
great deal of research on specific techniques and strategies for
82 On Surveying Victims
Knowledge of Incidents
another were reported in the survey only 22.2% of the time. The
recall rate rose sharply when the relationship between the parties was
more tenuous. For events involving strangers the recall rate was 76%.
Two-thirds of the personal victimizations that were not recalled
involved at least an acquaintance between the parties, while three-
quarters of all "stranger" crimes were recalled. Eleven of the fifteen
known rapes which went unmentioned involved non-strangers.
Almost an identical pattern was uncovered in a record-check study
of the validity of survey reports of assault conducted by Statistics
Canada. They found that 71 % of stranger assaults were recalled, but
only 56% of "known party" assaults and 29% of related-party were
recalled (Catlin and Murray, 1979: table R). Those figures are
extraordinarily similar to findings from the San Jose record check.
There are competing explanations for this phenomenon. Victims may
not remember disputes which arise within kinship or friendship
circles as readily as they remember events involving strangers. Or,
such disputes may not register as the kind of incidents that the
interviewer is looking for - they may not be construed as crimes.
People may think that to be a "crime" violence must involve
strangers. However, these alternatives seem unlikely, for these
incidents all were "founded" by the San Jose police.
It may be that persons who have been victimized by someone they
know frequently may not think it is any of the interviewer's business.
Or, the survey may raise again the memory of a painful situation, one
which victims may not wish to recall. Although these all were
incidents which came to the attention of the police, the victim may
not have been the party who called them; many crimes are reported
to police by friends, relatives, and bystanders, and the offended party
may not wish to spread the story even further. Finally, in related-
party cases the question of who is to blame and who is the real victim
is not always clear, and the role of the person being interviewed
might not always withstand close scrutiny. It is possible that an
interview with any of the participants in these affairs could have
recorded what appeared to be a victimization.
Victims who are themselves culpable may also be motivated to
suppress information about criminal incidents. Research on crime
indicates that "victim precipitation" is a common phenomenon in
violent crime and in incidents where the victim knows the offender.
In those incidents it is the eventual victim, rather than apparent
offender, who first initiated the event. Other crimes may be encour-
Methodological Issues 87
Forgetting
The National Crime Survey now inquires only about what has
happened "in the last 6 months."
88 On Surveying Victims
The fact that victims forget about their experiences with the
passage of time also has serious implications for the accuracy of
estimates of victimization rate based on surveys. This is illustrated in
Figure 4.1 which shows how different estimates of victimization
would be if they were calculated on the basis of crime which were
described by happening 1 month ago, 2 months ago, etc. If we used
crimes described as occurring only 1 month ago, we would find that
the national rate of victimization from personal theft was 189 per
260
250 _ Total personal crime
- - Household larceny
240
230
220
210
200
190
180
170
160
150
;,0...
"-
140 "-
"-
"-
130 "-
"-
"-
120
110 6
Months ago in recall period
1000, and for all personal crime 261 per 1000. However, with
increasing lengths of recall those estimates would have dropped
sharply. Based on incidents recalled for the sixth month before the
interview, the corresponding rates would drop to 119 per 1000 for
personal theft and 162 for all personal crimes.
As we shall see below, not all of this gradient can be attributed to
the forgetting of past incidents. It is also shaped by forward telescop-
ing. However, decreases in rates for personal crime and burglary of
nearly 100 incidents per 1000 over a 6-month recall period clearly
signal trouble. As we saw with regard to the 1971 Quarterly
Household Survey, the problem is even more extreme in 12- as
opposed to 6-month recall periods, and this doubtless affects the
yearly victimization estimates produced in the city surveys conducted
between 1972 and 1975.
Similar declines in recall with the passage of time can be observed
in data from record-check studies. In record checks, samples of cases
of different "ages" are drawn from police files. Interviews with
victims are employed to determine if those from the more distant past
are less likely to be recalled. Record checks are more definitive
studies of the forgetting problem because other factors which affect
the distribution of data such as that in Figure 4.1 are not present.
Table 4.1 summarizes the findings of the San Jose record check. It
indicates the proportion of incidents that was remembered by victims
in light of the number of months of recall they required. As Table 4.1
indicates, recall was relatively high for cases from 1 to 3 months in the
past, but it hovered around only 50% for those from 4 to 9 months in
the past, and then dropped below one-third for those from nearly 1
year in the past. As the author of the San Jose report noted, based on
Months between %
interview and incident recalled (N)
1-3 69 (101)
4--6 50 (100)
7-9 46 (103)
10-12 30 (90)
this criterion" ... there is very little to choose from after the first three
months." (Turner, 1972a:8).
Declining rates of recall with the passage of time also were noted in
earlier US Census Bureau record checks in Washington, DC, and
Baltimore, although patterns in the Washington study were less
clear-cut (Dodge, 1970). In Baltimore, levels of recall were much
higher than in San Jose, averaging 81%, but evidenced a steady
decline with passing months (Yost and Dodge, 1970). On the other
hand, Sparks et al. (1977) found high rates of recall (averaging 92%)
and only a slight decline in that rate over a lO-month period.
Telescoping
PROCEDURAL ISSUES
There have been four major studies of the problem in the context
of measuring victimization. While they came to somewhat different
conclusions, the best of them supports the use of the telephone. In
the first study, the results of interviews with households in which
maximum effort was made to employ only personal visits were
compared with those in which telephones were used whenever
feasible. No major difference between victimization reports from the
two samples were apparent (Turner, 1977; Woltman and Bushery,
1977b). In another analysis, Tuchfarber and Klecka (1976) contrasted
the results of parallel victimization surveys. They uncovered more
victimizations over the telephone than the US Census Bureau
measured in person. However, Reiss (1978) analysed several years of
national data organized in panel fashion and - controlling for a host
of other factors - found that telephones were 50% less productive
than personal interviews.
The results of this research can only be labeled inconclusive.
Rodgers (1976), Groves (1979), Klecka and Tuchfarber (1974), and
others agree that there were few differences in relationships between
variables gathered in differing fashion. The problem seems to be one
of threats to the precision of estimates of the number of victimiza-
tions and other objects of interest for the population as a whole. In
1966 Biderman et al. (1967) attempted to use the telephone to gather
victimization data, but quickly abandoned the technique as inadequ-
ate. Since most recent and systematic evidence on the issue is
ambiguous, additional research should be conducted if only because
of the very large contingent of telephone respondents in the current
crime panel. In the US Census Bureau project, many persons in each
"experimental" condition actually were interviewed by another
mode. In the Klecka and Tuchfarber (1978) study two different
organizations had conducted the parallel surveys and different sam-
pling frames were employed for each, leaving room for a host of
differences between the surveys in addition to the way in which the
interviews were conducted. Reiss' data are correlational and suffer
from a lack of random assignment of mode of interview. Clearly an
experiment is called for in which samples of individuals would be
randomly assigned to groups and interviewed in different ways, in
conjunction with a record check to provide an independent reading of
what their responses "should be."
This design was employed by Statistics Canada in a major metho-
dological study of the validity of survey reports of victimization
100 On Surveying Victims
(Catlin and Murray, 1979). They sampled 1525 crime victims from
the files of the Edmonton, Alberta, police department. Victims were
randomly assigned into two groups, one to be interviewed only by
telephone and the other only in person. An additional random
sample of adults was drawn from the city directory and mingled with
the two victim samples in order to disguise the true purpose of the
survey from the interviewers. This insured that some respondents
would have no victimizations to report. Parallel surveys were then
conducted to assess the completion rates, cost, and accuracy of recall
associated with each survey method. Statistics Canada found that
telephone interviews were significantly less expensive to conduct -
including an allocation of administrative expenses and other over-
head costs, telephone interviews cost 70% less than in-person
interviews. Telephone interviews also were as successful as in-person
efforts at reaching respondents; the completion rates of the two
parallel surveys were quite similar. Finally, there was virtually no
difference between the two surveys in the proportion of known
victimizations which were successfully registered in the interviews.
The in-person interviews recovered 64% of the criterion incidents,
and the telephone interviews 63%. As a result of this experiment,
Statistics Canada employed telephone interviews in its large-scale
1979 study of criminal victimization in Vancouver, British Columbia,
and in it's 1982 surveys of five major cities.
Interviewer Effects
ers rather than to sampling variance and the true distribution of crime
(Bailey et al., 1978)?
There was considerable disparity in reports of victimization among
interviewers, between interviewers assigned to the same supervisor,
and across cities. Interviewer effects were most extreme in Newark,
where it is necessary to multiply estimates of sampling variance by 2.4
to take this additional source of error into account. Interviewer
effects were most extreme for assaults and petty theft. Hearteningly,
they were not linked to the attributes of the respondents themselves
(Bailey et al., 1978). As a result, such effects will have fewer
consequences for tabulations of relationships in the data. Also, the
impact of interviewer variance on a set of data goes down as the
number of interviewers in a study increases and the average number
of respondents each one deals with decreases. Thus interviewer
effects are much less significant in National Crime Survey (Bailar et
al., 1977). Conversely, centralized telephone surveys typically em-
ploy fewer interviewers, and the impact of differences among them
will thus be more substantial.
Woltman and Cadek (1977) report that the "memory decay" curve
apparent in data from the National Crime Survey is not as steep for
Methodological Issues 109
REFERENCES
Woltman, Henry F., Bushery, John, and Carstensen, Larry (1975) "Recall
Bias and Telescoping in the National Crime Survey" (Washington, DC:
Statistical Methods Division, US Census Bureau, memorandum, 23 Sept.).
Woltman, Henry F., and Cadek, Glenn (1977), "Are Memory Biases in the
National Crime Survey Associated with the Characteristics of the Criminal
Incident?" (Washington, DC: Statistical Methods Division, US Census
Bureau memorandum, 4 Apr.).
Woltman, Henry F., and Bushery, John M. (1977a), "Update of the National
Crime Survey Panel bias Study" (Washington, DC: Statistical Methods
Division, US Census Bureau, memorandum, 11 July).
Woltman, Henry F., and Bushery, John M. (1977b) "Results of the National
Crime Survey Maximum Personal Visit, Maximum Telephone Interview
Experiment" (Washington, DC Statistical Methods Division, US Census
Bureau, memorandum, 9 Dec.).
Yost, Linda R., and Dodge, Richard W. (1970), "Household Survey of
Victims of Crime: Second Pretest - Baltimore, Maryland" (Washington,
DC: US Census Bureau, memorandum, 30 Nov.).
Zimring, Franklin (1972), "The Medium Is the Message: Firearm Caliber as
a Determinant of Death from Assault" Journal of Legal Studies, vol. 1
(Jan.) 97-123.
5 Victims of Violent Crime,
Findings from the British
Crime Survey
MIKE HOUGH*
INTRODUCTION
The British Crime Survey (BCS) was conducted in 1982. It is the first
major survey of its kind in Britain, covering a sample of 11 000 people
aged 16 or over in England and Wales (5000 in Scotland). In essence
it is a survey of victimization similar to those conducted, for example,
in the United States (e.g. United States Department of Justice,
1982), Canada and the Netherlands (e.g. Van Dijk and Steinmetz,
1980). Whilst its sample size is much smaller than the US National
Crime Survey (NCS) it has collected a more extensive range of
additional information about people's experience of and attitudes
towards crime and the criminal justice system and about their
everyday activity. A report of the main finding was published in 1983
(Hough and Mayhew, 1983). A technical report on the survey design
is also available (Wood, 1983).
This paper presents findings for England and Wales on violent
victimization. The paper defines victims of violent crime to be those
who report at interview incidents subsequently classified as: robbery;
wounding, common assault; threat of assault; and sexual attacks.
(Sexual attacks include indecent assault. Common assault comprises
attacks resulting in minimal or no injury (i.e. a black eye), and
117
METHODOLOGICAL ISSUES
The general problems associated with surveying crime are now well
documented (Penick and Owens, 1976; Skogan, 1978; Sparks, 1981).
Only a brief summary is needed here. Crime surveys on the scale of
the BCS (but not the United States' NCS) are subject to considerable
sampling error, which limits the confidence with which inferences can
be drawn from the data. Various forms of non-sampling error are also
extensive. There are those common to all surveys - systematic data
errors introduced by interviewers; mistakes in classification and other
errors in coding and processing of data; incomplete sampling frames
and biases arising from non-response.
There are also forms of non-sampling error specific to surveys
designed to identify events in which respondents have been involved
(as opposed to their attitudes or beliefs). Respondents have limited
ability to recall relevant events and report them accurately to
interviewers. A substantial body of research into the methodology of
crime surveys has now been built up. For example, so-called "re-
verse-record checks" select known victims from police records and
see if they report at interview incidents which they reported to the
police. These studies show that victims often fail to report relevant
incidents at interview. They may forget incidents, especially those
with few serious consequences or needing little action, or those
happening several months before the interview. Again respondents
Findings from British Crime Survey 119
Education
left school
before 16 9 3 1
left school
aged 16-18 12 5 2
left school
later/still 14 5 4
in education
weighted data.
unweighted n = 10 782
Males
non-manual
occupations 14 6 4
manual
occupations 15 4 4
unemployed 18 6 (0)
students
others 24 7 2
weighted data
unweighted n = 4952
bracketed figure: cell size less than 50
Findings from British Crime Survey 121
words, the hypothesis that the educated live more violent lives than
others - the bias can be attributed to either or both of two things. It
could be, as Sparks argues, that "being a survey respondent is, in
many ways, a middle-class game; it requires a certain amount of
verbal fluency and a capacity for abstract conceptualisation, both of
which are to some extent concomitants (if not consequences) of
formal education" (Sparks, 1981:32). Alternatively - a point to which
we return below - those with more education may apply lower
thresholds of seriousness when it comes to defining, in their own
minds, attacks, assaults, threatening behavior, etc.
It also seems highly probable that in surveys such as the BCS,
women are especially prone to under-reporting of violent victimiza-
tion, because those who are most likely to attack them include
husbands, lovers, ex-husbands or ex-lovers. The victims of domestic
violence may on the one hand assume that their incidents are
non-criminal and thus not relevant to the survey - which will
probably have been introduced as a survey about crime. On the
other, they may be embarrassed or otherwise reluctant to report such
incidents to the interviewer. Whatever the case, a sensitive reading of
the BCS data would suggest that incidents of domestic violence are
conisderably undercounted by the survey.
These problems might be regarded by some simply as sources of
measurement error - with the hope that methods can be refined in
future. At their root, however is an insurmountable problem. There
is not - and could probably never be - any degree of agreement
between broad social groups in defining assault, attacks, fights, etc.
Critics of crime surveys sometimes argue that definitional problems
vitiate the entire project of "counting crime". Definitions of particu-
lar crimes, the argument goes, are not absolute but vary across
groups. Any estimate, therefore is a measure both of the incidence of
the type of crime and of people's preparedness to report relevant
events at interview. This argument does not carry a great deal of
weight so far as burglary goes, for instance, or car theft; one can
assume extensive, though not total, agreement throughout the
population about the sorts of incident which would qualify for a
positive response to burglary "screen" questions in a survey. (A
typical such question might be "In the last x months, has anyone got
into your home without your permission and stolen anything?) But
this is simply not so for most types of violent victimization. When
does pushing, jostling and shoving become assault? And when does
common assault turn into a more serious attack? Different people,
122 On Surveying Victims
As discussed above there are two sorts of rate to indicate the extent
of crime throughout a population: rates of incidence (the number of
offenses occuring over a given time period per 100 or 1000 popula-
tion); and rates of prevalence (the number of victims per 100 or 1000
popUlation). Table 5.3 shows both incidence and prevalence rates for
violent offenses in England and Wales in 1981.
The BCS collected a fairly extensive range of information about
people's "lifestyle" in order to assess how patterns of everyday
behavior affect the risks of crime (d. Hindelang et ai, 1978). Some
preliminary findings are presented below (rather crudely in the form
of multiway tables; more elaborate multivariate analysis is planned).
The figures in the tables are (unless otherwise stated) the percentages
within each cell of respondents classified as victims of violent crime.
The figures are not strictly comparable to the prevalence rates in
Tables 5.3. Interviews were conducted in the first quarter of 1982,
and respondents were asked about their experience as crime victims
since the beginning of 1981: those who had been victimized only in
124 On Surveying Victims
TABLE 5.3 Prevalence and incidence rates for violent offenses, 1981
(British crime survey)
Males Females
Aged 16--30 16 7
Aged 31-60 5 3
Aged 61+ 2 1
weighted data
unweighted n = 10 905
Findings from British Crime Survey 125
Males Females
Age Age Age Age Age Age
16-30 31-60 61+ 16-30 31-60 61+
Evenings out
none or one 11 5 2 6 3 1
two or three 15 5 2 6 3 1
four or more 22 8 4 12 2 (2)
weighted data
unweighted n = 6329
bracketed figure: cell size less than 50
126 On Surveying Victims
Males Females
Age Age Age Age Age Age
16-30 31-60 61+ 16-30 31-60 61+
Self-reported offending
never
offended 12 4 2 6 2 1
offended
in past 17 11 2 14 5 (9)
offended in
last year 40 20 (18) 29 (12) (6)
weighted data
unweighted n = 6170
"offending" is defined as admissions to any of the following: carrying a
weapon; starting a fight; intentionally injuring someone. Bracketed figures:
cell sizes less than 50
Males Females
Age Age Age Age Age Age
16-30 31-60 61+ 16-30 31-60 61+
Drinking habits
abstainer/
light drinker 11 4 2 5 3 2
moderate
drinker 16 5 2 7 3
heavy
drinker 18 5 2 12 4
weighted data
unweighted n = 6299
risk. (This latter finding may in part reflect the fact that some people
who start fights lose them, ending up as "victims".) The data on
offending in Table 5.6 are derived from the BCS self-reported
offending component. Respondents were asked to say whether they
had ever, or during the last year, committed a range of motoring and
Findings from British Crime Survey 127
Males Females
Age Age Age Age Age Age
16-30 31-60 61+ 16-30 31-60 61+
Area
inner
cities 16 12 5 9 4 1
other large
city areas 18 4 3 9 3 1
other
areas 15 5 2 7 2 1
weighted data
unweighted n = 10 905
% household burgled
Area
inner
cities 10
other large
cities 6
other
areas 3
weighted data
unweighted n = 10 905
INTERNATIONAL COMPARISONS
National rate
(+ attempts) 4.2 6.5
National rate
excluding
attempts 1.9 2.7
Cities rate
(+ attempts) 7.5 10.0
Assault
(British counting rules) 75.3
Assault
(US counting rules) 45.1 * 22.5
Assault (cities rates
Canadian counting rules) 69.1 57.4
*Or 36.0 if common assaults without injury are excluded - see below.
Findings from British Crime Survey 131
SUMMARY
REFERENCES
Biderman, A. D., Johnson, L., McIntyre, J., and Weir, A. (1967), Report on
a Pilot Study in the District of Columbia on Victimization and Attitudes to
Law Enforcement, US President's Commission on Victimization and
Adminstration of Justice, Field Surveys I (Washington, DC: US Govern-
ment Printing Office).
Block, R. (in the press), "The Impact of Victimization, Rates and Patterns: a
comparison of the Netherlands and the US" in Richard Block (ed.),
Victimization and Fear of Crime Around the World (Washington, DC:
Bureau of Justice Statistics, US Department of Justice).
Corrado, R. R., Roesch, R., Glackman, W., Evans, J. L., and Leger, G. J.
(1980), "Life Styles and Personal Victimization: a Test of the Model with
Canadian Survey Data," Journal of Crime and Justice, vol. 3, pp. 129-39.
Dijk, J.J. van, and Steinmetz, K. (1980), The Burden of Crime on Dutch
Society 1973-1979, Research and Documentation Centre Report, no.
XXXVIII (The Hague: Research and Documentation Centre, Ministry of
Justice).
Dijk, J. J. van, and Steinmetz, K. (1981), "Going out - Is It Wise?: a
Theoretical Explanation of the Origins of Petty Crime in Terms of
Opportunity Structure," paper delivered at conference on juvenile crime,
Amsterdam (The Hague: Research and Documentation Centre, Ministry
of Justice).
Hindelang, M., Gottfredson, M. R., and Garofalo, J. (1978), The Victims of
Personal Crime (Cambridge, Mass.: Ballinger).
Hough, M., and Mayhew, P. (1983), The British Crime Survey: First Report,
Home Office Research Study, no. 76. (London: HMSO).
Penick, B. K. E., and Owens, M.E.B. (1976), Surveying Crime, Final Report
of the Panel for the Evaluation of Crime Surveys, Committee on National
Statistics, National Research Council (Washington, DC: National
Academy of Sciences).
Skogan, W. G. (1978), Victimization Surveys and Criminal Justice Planning,
Visiting Fellowship Program Report, US Department of Justice, National
Institute of Law Enforcement and Criminal Justice (Washington, DC: US
Department Printing Office).
Skogan, W. G. (1981), Issues in the Measurement of Victimization (Washing-
ton, DC: Bureau of Justice Statistics, US Department of Justice).
Sparks, R. F. (1981), "Surveys of victimization - an optimistic assessment,"
in Tonry, M. and Morris, N. (eds), Crime and Justice: an annual Review of
Research, vol. 3 (London: University of Chicago Press).
Part III
On the Risks of, and
Response to, Criminal
Victimization
6 Lifestyles and
Victimization: an Update
JAMES GAROFALO
INTRODUCTION
135
... any recurrent and prevalent activities which provide for basic
population and individual needs, whatever their biological or
cultural origins. Thus routine activities would include formalized
work, as well as the provision of standard food, shelter, sexual
outlet, leisure, social interaction, learning and childrearing.
(Cohen and Felson, 1979:593)
......
V-l
--.J
138 On Risks of & Response to Criminal Victimization
CRITICISMS
There are three major criticisms directed at theories that use lifestyle,
or a related mechanism, to explain victimization. Actually, the first
two are more in the form of dangers to be avoided than criticisms that
have been raised. These two will be addressed in this section. The
third criticism will be mentioned at the end of this section, but will be
dealt with later in the paper.
First, the lifestyle concept can be used in a way that makes the
theory true by definition, and therefore, uninformative and trivial.
This occurs if the theory is reduced to a form that says, in effect:
people who are not themselves exposed - or whose property is not
exposed - to potential offenders have no risk of victimization. But
lifestyle-type theories are really not reducible to this form. A
convenient way of approaching the issue is to draw on the differentia-
tion, recently made by Gottfredson (1981), between absolute and
probabilistic exposure to risk. Absolute exposure is a necessary
condition for victimization to occur: The victim (a person or proper-
ty) must come into contact with the offender for the crime to occur. 3
But victimization is not assured whenever simple contact takes place.
Offenders do not commit crimes in every instance in which they come
into contact with potential victims; other aspects of the situation must
be conducive to offending (e.g. the offender must believe that he/she
can complete the crime successfully). Thus, the more frequently a
person (or piece of property) is exposed to potential offenders in
situations that are highly conducive to the commission of a crime, the
higher the likelihood that the person (or property) will become the
object of victimization - this is probabilistic exposure.
Another approach to the matter is to think of lifestyle as determin-
ing levels of risk that exceed or fall below the average risk in society
(see Smith, 1982). This approach even suggests a way to link the
routine activity concept with the lifestyle model. As presented by
Cohen and Felson, the aggregate structure of routine activities in a
society affects the aggregate rate of victimization in the society. The
structure of routine activities is subject to change over time, and
140 On Risks of & Response to Criminal Victimization
Cohen and his colleagues have used the National Crime Survey
victimization data to examine models of the lifestyle/routine activity
type from a variety of perspectives. Their findings for personal
larceny of two types 4 (Cohen and Cantor, 1980), personal robbery
(Cohen, Cantor and Kluegel, 1981), and residential burglary (Cohen
and Cantor, 1981) generally support the predictions from the model.
There were, however, some differences in the relationships found for
the different types of crimes.
In the multivariate analysis of robbery - the type of direct-contact
victimization on which the development of the lifestyle model was
based - Cohen, Cantor, and Kluegel (1981) found that age, race,
income, household size (a dichotomy of living alone vs. not living
alone), and major activity (a trichotomy of employed, unemployed,
and home centered5) were all related to the likelihood of victimiza-
tion in the predicted direction. Specifically, blacks, the young, and
people with low incomes - who are more likely to interact with
potential robbery offenders - had higher risks than whites, older
persons, and those with higher incomes; persons living alone - who,
by definition, spend less time in the company of household members
- had a higher risk than persons not living alone; and the risk of
robbery was highest for the unemployed, about average for the
employed, and less than average for the home centered, assumedly
reflecting different levels of exposure outside the home. When the
joint effects of these factors were considered, the differences in risk
were striking. For example, the risk was 9.85 times higher than the
national average among young (16-29), unemployed, low-income
blacks who lived alone, but it was only 0.13 of the national average
among older (50+), home centered, high-income whites who did not
live alone. Note that sex was not even considered in this analysis
because there were too few female robbery victims in the sample.
When Cohen and Cantor (1981) examined residential burglary, the
associations with risk were again evident for age (of the head of the
household) and race. Because the nature of the target in burglary is
different than the target in personal crimes, Cohen and Cantor used
different indicators of exposure and guardianship. Whether the
142 On Risks of & Response to Criminal Victimization
Areal Studies
There are several other lines of research that have produced findings
relevant to lifestyle-type models of victimization. For example, the
whole body of work dealing with areal variations in crime patterns is
important to the notion that spatial proximity to potential offenders
increases the likelihood of victimization. Because areal studies have a
long history and are so numerous, it is impossible to review even the
major findings in this chapter. For now, it will be sufficient to note
two recent studies that illustrate how some areal findings are directly
relevant to lifestyle issues while others may not be.
Roncek (1981) reported associations between official crime counts
and aggregate characteristics at the block level for two United States
cities: Cleveland, Ohio and San Diego, California. In both cities, he
found that rates of violent and property crimes were positively
associated with the concentration of apartment housing and the
concentration of "primary individuals" (the percentage of households
with no relatives of the head of household present) on city blocks.
Lifestyles & Victimization: an Update 145
nonfalsifiable. I will deal with this issue later, when some modifica-
tions of the lifestyle model are suggested. But now we can turn to
another body of evidence that is relevant to the lifestyle model.
Studies of Offenders
o
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OLE
XPECTATION ~
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DIRECT" ::tl
ADAPTATIONS I ~I
CONTACT
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VICTIMIZATION: o
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STRUCTURAL
CONSTRAINTS
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differs from Figure 6.1, three comments are necessary. First, the
model is meant to apply to "direct-contact predatory violations," as
defined by Cohen and Felson (1979). That is, the model is restricted
to those types of crimes in which the offender comes into direct,
physical contact with the person or object that the offender wishes to
injure or steal (or steal from). Although a number of crime types
(e.g. corporate crimes) are excluded from consideration, "direct-
contact predatory violations" covers more types of crime than the
"personal crimes" used in the development of the original lifestyle
model. Second, the actual workings of the model can vary depending
on the nature of different crime types; for example, "associations"
are less important for explaining variations in the risk of burglary
than for explanation of variations in robbery risk, while the opposite
is probably true for "target attractiveness." Third, the model assumes
given levels of offender motivation and state-provided protection
from crime. These factors produce a certain level of crime potential,
while variation in the elements shown in Figure 6.2 allow this
potential to be realized to a greater or lesser extent.
The core of the original lifestyle model from Figure 6.1 remains:
Lifestyles are formed through adaptations to role expectations and
structural constraints, and different lifestyles embody different types
of associations and levels of exposure,l1 which affect the risk of
victimization. But, in Figure 6.2, structural constraints are shown as
having effects on associations that are not mediated through lifestyle.
Primarily, this is meant to reflect the constraints of the economic
system and the housing market on where people live. People who
have sufficient economic resources and who are not constrained by
racial/ethnic biases in the housing market can select their residences
to fit their preferred style of living - e.g. a rural setting, a singles
apartment complex, a walled community with access controlled by
security guards. The housing choices of these people are directed at
enhancing their opportunities to engage in the vocational and leisure
activities that comprise their lifestyles. In contrast, others have few, if
any, options for residential location. These people can still have
higher or lower risks of victimization depending on the patterns of
their routine vocational and leisure activities. But the base level of
risk that they face is heightened by their sheer proximity - and hence
exposure - to potential offenders.
Another modification involves the inclusion of "reactions to crime"
as a factor that affects exposure and associations both directly and
through lifestyle. Reactions to crime represent the behavioral man-
150 On Risks of & Response to Criminal Victimization
NOTES
12. Cohen and Felson (1979) also note that, for crimes of theft, the
portability (perceived inertia) of the target as well as its monetary value
should be considered in judging target attractiveness.
13. Of course, role expectations and structural constraints also influence the
level of motivation to commit crimes, and thus, the motivation to offend
is also amenable to influence by public policy. To simplify matters,
however, I assume a constant level of offender motivation in describing
the implications of the lifestyle model.
14. Public-supported housing can also have segregative effects when sepa-
rate projects are designated for low-income groups and the elderly.
REFERENCES
156
In 1973 and 1974 the first research conducted in the Netherlands into
feelings of insecurity and disquiet showed that public attitudes to
crime were highly emotional and were strongly influenced by mass
media images of serious crimes of violence. 1 This was borne out by
certain other findings: there was no very close connection between
people's feelings of unease and their own experiences as a victim or
the objective probability that they would be victims; there was little
willingness to take preventive measures, and such willingness as there
was bore scarcely any relation to people's feelings of disquiet.
A repetition of this research within the 1978 and 1980 victim
studies revealed certain new facts and attitudes. 2 In 1980, practically
the same picture emerged as in 1974 from the answers to the
question: "Do you ever feel afraid if you are alone at home at
night? ," which is particularly directed at determining emotional
elements in people's feelings of unease. On the other hand, there was
a considerable rise in the percentage of positive answers to questions
with more cognitive content - for example, "Do you think that the
probability of your being the victim of a crime has increased over the
last two years?" Moreover, in 1978 and 1980 people proved to be
much more willing to take technical preventive measures or to take
precautions in their daily life, for instance by not opening the door to
strangers or not going out alone at night.
158 On Risks of & Response to Criminal Victimization
control by bystanders. Using their own tools criminals can deal with
any security safeguards without much risk. As long as private
individuals are so reluctant to react to offenses they themselves
witness, technical means can do little to reduce the risk of victimiza-
tion.
Since information on the willingness of witnesses and bystanders to
report crimes and to intervene was collected for the first time only
very recently, we cannot say whether or not there has been an
increase in such public-spirited actions in recent years. For various
reasons however the prospects are not bright. Before bystanders will
intervene they have to be present in sufficient numbers. But feelings
of insecurity about crime mean that a section of the population -
especially women - no longer dares to go out at night. The more
common these feelings become, the less informal social control will
be exercised in the streets. Events in the United States have shown
that, when certain areas of a town acquire a reputation, deserved or
not, for being somewhat unsafe, they may swiftly become very
unsafe, because ordinary people avoid them more and more, so that
informal social control steadily declines. 10 Given that housing, etc. in
the Netherlands is much more under local authority control, it does
not seem likely that similar developments would occur here in such
an extreme form. Nevertheless, it is clear that the increase, visible in
the studies since 1974, in the number of people who dare not go out
alone at night in their own neighborhood means that informal social
control in residential areas of the big cities must have deteriorated
still further.
There is another way in which feelings of insecurity have a
quantitative and qualitative effect on informal social control: accord-
ing to the studies, such fears fonn one of the most significant reasons
for witnesses not intervening in a crime. Although there does not
seem to have been a great change in the public's emotional attitude to
crime since 1974, there has been an obvious increase in apprehensive-
ness about dangerous situations. Many people will thus feel even
more inclined to hurry away from any crime they may witness in
future.
This reluctance of bystanders to take action seems to derive mainly
from a feeling of non-involvement in the affairs of perfect strangers.
People were particularly reluctant to do anything in cases where they
knew neither the criminal nor the victim. 11 Research in America
showed that bystanders who did intervene had often been victims of
similar crimes shortly before,12 and thus probably identified with the
Responding to Crime 161
victim even if they did not know him or her. The question now is
whether the rise in the crime rate will make at least some of the
population more willing to intervene or to report a crime, just as it
made them more willing to take preventive measures. The study
results indicated that recent victims reacted more often than other
people by intervening in a crime they witnessed. By their own
account 18% of the 276 recent victims had reacted by intervening,
while the figure for others was 10% (of 128) (X2 = 3.88, P < 0.05).
The more bystanders present who have themselves been victims, the
greater is the probability that at least one of them will intervene. This
may be seen as a spontaneous mobilization by part of the population
against the higher crime rate, but so far little is known about the
effectiveness of such opposition. It is quite clear that in this regard
the increase in crime evokes completely opposite reactions from
people: some withdraw into the safety of their own homes or hurry
past when they witness a crime; some, on the other hand, respond by
being more willing to intervene in offenses they witness. Since the
first reaction has to date been far more common than the second, it
seems probable that on balance informal social control is undermined
rather than strengthened by a high crime rate.
The willingness of the various sections of the population to
intervene is largely consistent with their attitudes to taking preventive
measures: male adolescents - potentially the most significant group as
they witness the most crimes - seem to be comparatively less
involved. The very group that should be first to take action against
rising crime is in fact more apathetic than the rest of the population.
It was stated above that the rise in petty crime has certainly aroused
opposition among the public but that this alone will probably be
unable to halt the trend. One shortcoming of the change in attitudes
towards crime prevention is that it is unevenly distributed throughout
the various population groups. Young men in the big cities are not
only the most significant target for crime they also come most
frequently in contact with it as bystanders. Yet it is they who are still
disinclined to take preventive measures and/or to react to offenses
committed against third parties.
162 On Risks of & Response to Criminal Victimization
Percentage
N of offenders X2 test
much leisure
time outside victims 360 63 X2 3.8
the home non-victims 80 50 df 1 (S)
average leisure
time outside victims 628 49 X2 14
the home non-victims 201 33 df 1 (S)
little leisure
time outside victims 380 37 X2 1.7
the home non-victims 176 31 df 1 (NS)
did not discourage other people in the same situation. As regards the
abstract notion of "other people," the victim can remind himself that
his offense will only pay them back in their own coin for what they did
to him. A survey of pupils in a junior secondary school near The
Hague was used to investigate in more detail the thesis that the
experience of having something stolen is a criminogenic factor. The
results of this study are given in Table. 7.2.
Table 7.2 shows that the great majority of pupils who admitted
having committed a certain type of theft had earlier stated that they
had been victims and/or witnesses of a similar theft. The percentage
of those with experience as a victim or a bystander was significantly
lower among those who said they had committed no thefts. Details
about the dates of the different events prove that experiences as
victims or witnesses very often preceded the committing of an
offense. These data and conversations with some of the pupils
concerned indicate that also (and perhaps precisely) in cases of theft,
the experience of having been a victim can have a criminogenic effect
on some young people. It seems that to have been the victim of theft
164 On Risks of & Response to Criminal Victimization
X2 victim/witness experience X2 = 24 X2 13 X2 18
x thefts committed oneself df = I(S) df I(S) df I(S)
CONCLUSION
victim of at least one offense. The surveys have also produced data to
indicate at the same time that the public is taking a more realistic
view of crime and methods of combating it.
It is now much more widely understood that crime prevention is "a
matter for both the police and you," in the words of a successful
advertising campaign. In the short term, however, it appears that not
too much can be expected of the crime prevention movement as a
means of cutting down crime. Technical prevention measures can
have only a limited effect if they are not supported by an adequate
system of informal social control. Yet the feelings of unease aroused
by the high crime rate undermine this informal social control, so that
in this respect crime seems to be self-perpetuating. Although the
public in general is showing an increased willingness to take preven-
tive measures, the beneficial effects are not as great as they might
otherwise be since the views of the section of the public most affected
by crime, i.e. young people in the major cities have not undergone a
similar change. There are still many opportunities to commit offenses
in the social environments where these young people gather.
Moreover, our data show that a not insignificant number of young
people who have been victims of theft will react with a theft of their
own to balance their account. It is obvious that these victims-cum-
offenders will not be particularly keen to take preventive measures
and will be especially reluctant to report any offenses they may
witness to the police. They are less concerned about the risk of
another victimization and naturally they have a somewhat ambivalent
attitude to the police. As a result, crime is spreading rapidly among
young people of school age.
These reflections, many of them based on empirical research
findings, lead one to the conclusion that public reactions to the
increase in crime offer on balance little prospect of any spontaneous
decline in the crime rate. Although in the 1960s and 1970s crimino-
logists often claimed that formal control mechanisms would only
make matters worse, it now has to be recongized that the problem of
crime will not just solve itself. On the contrary, there are indications
that many kinds of crime, among young people in particular, are
self-perpetuating social phenomena. It would thus be by no means a
superfluous luxury for the authorities to take positive - and above all
imaginative - action to combat crime, concentrating on the develop-
ment of methods to improve informal social control and co-operation
with the police. More particularly, attention should be given to ways
of reducing adolescents' opportunities to commit offenses.
166 On Risks of & Response to Criminal Victimization
NOTES
INTRODUCTION
behavior. This raises at least two problems. Firstly, there has been
much less good research on crime-related behaviors. Secondly, most
research indicates that "crime-related behaviors" are only marginally
related to many measures of fear. The first section of this chapter
comments briefly on this paradox (for a more extensive review of the
literature on this, see Skogan, 1981). The second section proposes
some solution, in the form of four models of crime-related behavior
which do not assume (as empirically seems the case) that attitudes
and behaviors in this area are necessarily congruent.
Assessments of Risk
make about how much crime problems threaten them. While beliefs
about crime trends and their causes can be abstract and are often
unrelated to experience, assessments of risk are evaluations of the
reality of the threat of crime. They may not be entirely accurate, but
they are how people read their immediate environment.
Most evaluations of how people perceive risk gauge "how likely"
they think a particular crime will strike them or their household.
Alternately, people can be quizzed about the likelihood some
particular consequences of crime will occur, such as being killed or
injured. Studies indicate these estimates are relatively accurate when
risks of various sorts are evaluated comparatively (Green, 1980).
Research on assessments of risk also indicates those judgements are
related to - although not completely determined by - the "officially
announced" level of crime and people's perceptions of how much
crime there is around them.
One study of the relationship between perceived risk and official
rates of crime is summarized in Table 8.1. In a survey of the Chicago
metropolitan area (Lavrakas, 1980), respondents were asked how
likely it was they would be victimized by three types of crime "in the
next couple of years." Table 8.1 links their responses for each type of
crime to comparable official crime rates (per 100000 residents) for
their suburban municipality or city community area. Perceptions of
the risk of personal crime are particularly strongly linked to police
figures on the incidence of crime in each area. The officially
announced risk of burglary is less closely linked to declining per-
ceived risk.
The relationship between perceived and officially recognized risk
of victimization is independent of such individual-level factors as sex,
age, race, or income. Official crime rates for areas were related to
personal estimates of risk in quite consistent fashion, even when
those individual attributes were taken into account. These estimates
of risk seem to be rooted in the reality of community conditions.
Other studies confirm that individual estimates of the probability of
being victimized are linked to local crime rates and to victimization
rates measured independently, via surveys. Perceived risks are higher
among blacks and latins, the poor, and center-city residents (Lavra-
kas, 1980). They are also higher among people who have had direct
personal experience with crime - victims - and those who have
reported personal contact with others who have been victimized. The
latter is a form of indirect or vicarious experience with crime with
many significant consequences for perceptions of crime. Further,
Fear of Crime & Its Behavioral Implications 173
people who are more vulnerable to crime rate their risks of falling
victim higher than do others. Two strong correlates of perceived risk
are sex and age, with women and elderly (but see Lavrakas, 1980)
being more likely to report high levels of risk, even when controlling
for many other factors (Tyler, 1980). Both groups are (comparative-
ly) vulnerable to physical attack, more powerless to resist if they are
assaulted, and are exposed to more traumatic physical and emotional
consequences when they are attacked (Skogan and Maxfield, 1981).
One reason beliefs about how much crime there is are unrelated to
assessments of risk is that perceptions of the amount of crime are
unrelated to all of these factors. As indicated above, general beliefs
about crime seem to be shaped by the media, and not by personal or
indirect experience with crime, or even vulnerability to attack. On
the other hand, perceived risk is strongly related to these aspects of
people's lives, as well as to community crime and victimization rates.
All of this indicates assessments of risk of victimization reflect a
somewhat realistic reading of one's environment, which may explain
why perceptions of risk - but not beliefs about crime - are related to
individual behavior.
It is important to note that people's reports of perceived risk
probably have some assessments of their own behavior, as well as
readings of environmental conditions, factored into them. That is,
people who are actively doing things to protect themselves from
victimization seem to perceive somewhat lower levels of personal risk
as a result. When measures of neighborhood crime rates or people's
174 On Risks of & Response to Criminal Victimization
Threat of Crime
There will come a point where any further increase in the safety of
a situation means going without so many other things that an
increase in safety is not worth having. Ultimately the value of any
increase in safety is a value judgement ... (Green, 1980:284).
However we account for the costs, the utilitarian model has people
choosing one position or another on a curve relating cost and risk.
Those without much money, or with a taste for higher levels of risk -
such as young people - might position themselves on the higher-risk,
lower-cost end of the curve linking the two. People with vested
interests to protect, whose social lives are not severely impacted by
staying close to home, or who have the wherewithal to remove to the
suburbs, might locate themselves at a higher-cost, lower-risk posi-
tion. Living in a city as opposed to rural areas would have the effect
of shifting the entire curve; in cities, higher levels of risk go with
similar investments in security.
There is evidence supporting this view of crime-related behavior.
For example, fewer people install burglar alarms, window bars, or
outdoor lights (high-cost items) than routinely ask their neighbors to
watch their home when it is empty. The most frequently purchased
piece of household anti-crime hardware is the indoor light timer,
costs less than $8.00 (Lavrakas, 1980). Furstenberg'S (1972) finding
that higher-income households are most likely to undertake higher-
cost tactics is consistent with the economic argument. So is the higher
frequency of household protection efforts by homeowning, upper-
income whites who face lower objective and self-assessed risks of
182 On Risks of & Response to Criminal Victimization
A Psychological Model
Opportunity Theory
CONCLUSION
REFERENCES
restitution movement has moved swiftly, inching its way into the
hitherto untouched territories of criminal law , which appeared to be
solitary and tranquil for some centuries. To some extent, we might
say that the purists were taken by surprise, as it is easily a corollary of
this thinking that, although imperfect, the status quo of criminal law
doctrine is a substantial improvement over the paleolithic vengeance
doctrine of the early middle ages. The argument that has ensued
between these two schools of thoughts has prompted voluminous
speculation about the manner in which victim and offender dealt with
each other before the criminal law reorganized and reconstituted the
nature and resolution of conflict.
Some authors have referred indeed to the golden age of victims, an
era when victim and offender through a creative interpretation of the
lex talionis could make their peace under the proverbial palm tree.
The saga here suggests with the advent of kings and legal interlopers
the victim was thrust from his seat of justice and was displaced by
money-making robber-barons and professionals who created unde-
serving interests for themselves and monopolies of power and
authority. What are we to do with such presentations? It appears to
be a reasonable assumption that we will, even after having the benefit
of greater historical detailing of these epochs, be unable to make
global judgements about the practical states of affairs in those times,
if we are to be truly responsible. There is compelling evidence, in
such sources as the legal historians Pollock and Maitland, for
example, that the appearance of the state on the horizon of criminal
law sanctions was an emancipation for the majority of actors there,
offenders and victims. The job of assessing history for its pluses and
minuses with respect to the daily life of its inhabitants is at the best of
times shrouded in the vagaries of our historical methodolgies and
personal predilections. This is even more so in the case of legal
history where we have a well-developed capacity to reconstitute
historical reality according to the preordained design of legal jus-
tifications. Legal hindsight is an essential attribute of the inherent
conservativism which lawyers and judges utilize to prove that the
logic of the law is always discoverable, but never created.
What we should be able to do more forthrightly than simply to bear
witness to the state of law and its defenders of many centuries past, is
to unravel the movements in crime and tort law, at least in the past
century, where they have been close enough to us that we can make
some reasonable claim to knowing them, even if not intimately. For
the past century they have been firm and unitary in their affirmation
Victims of Crime in Criminal Justice System 205
such as the juvenile court, in labor law and in due process require-
ments developed in criminal cases. In my judgement, we are now
caught somewhere between the devil and the black letter of the law.
The more we chase the shadow of legalism, the more we come to
realize that we have not served our clients' interests or notions of
justice. The system is already overburdened with protections and
interventions which delay justice and are costly and self-serving to the
professional. But in this observation there is, unfortunately, a mixed
message. For the question becomes whether increased formality or
greater flexibility in responding to the specific personalities and
attributes of victims and offenders will create greater legal tonnage
which the system will ultimately be unable to carry.
Even if we could resolve the issue of discretion, and it could be
shown that there is a pathway or some signpost which directs us to a
system which could better serve both our social needs and those of
victims, would there still be a line of conservative resistance? Our law
school notebooks tell us that civil wrongs bring civil remedies and
that crime, when paid, results in punishment, not cash. But after
some weeks of legal instruction we are told that on the same piece of
behavior there can be two legal actions running concurrently. On
occasion, students become muddled about why the two should not be
put together - for example, in the case of common assault or battery.
But they are quickly corrected in their wistful imaginings. What has
escaped them is the logic of legal principles upon which we differenti-
ate categories in law.
There are two sets of arguments which are presented for our legal
discrimination between crime and tort. One goes to the nature of
describing a public as opposed to a private interest. The second
addressed the nature of fault or responsibility, that is, the proper aim
of crime as opposed to tort. On reflection we begin to recognize that
many of the decisions in tort law are fully involved with public
interests, even to the point where tort law is dictated to by criminal
law statutes or by public policy infused with criminal law standards,
or by public sentiment, which is affected, even unconsciously, by the
current state of criminal law thinking. In a similar vein, we can locate
myriads of cases in criminal law where, if we were given some leeway
and the benefit of common sense, we would prefer to deal by
negotiation or conciliation, and with a restitutional component, if it
suited the purpose of resolving the conflict to the proper satisfaction
of the victim. In a society where notions of community and neighbor-
hood have been in the main displaced by abstract references to the
Victims of Crime in Criminal Justice System 207
that from the drift of recent doctrine and the impact of judicial and
legislative crises, crime and tort have been experiencing something of
a life change which requires our sympathetic attention. On reflection,
though, I doubt, that we are more mature in our wisdom than they, as
historical fixtures, in being able to choose what is best for them. In
my view, if we listen to the doctrine, although it is at times
contradictory and puzzling, the message is reasonably clear. Tort
needs crime, and crime tort, and to frustrate this appetite will be to
undermine their effectiveness and resilience in meeting the con-
tinuing demands that we place upon them.
There is no question that theory informs practice and that an
archaeology of knowledge is helpful, not only for unearthing the past,
but for explaining the present. The difficulty, however, with judicial
doctrine and even the deeper, fundamental purposes of such areas as
crime and tort is that, unlike our official mythology about them -
namely that they are lifeless and have been cast in stone - they have
been alive and frolicking for a millenium, and that under the very
nose of our academic scrutiny. We continue to fail to acknowledge
the fluidity of legal doctrine. Its agility has always been its best
protection against the academic purists who want to control and
freeze the law in terms of a logic delimits discretion and contact with
other legal universes.
The bulk of tort law is surely an artifact of history, which now has
taken on the look of a cast-off from the laissez-faire capitalism of the
industrial age. For a time, tort law had utilized its energies in being a
protector of monopolistic capital and avoided addressing claims from
the welfare sector or from individuals wanting to make a public forum
of their plight. This was so because tort law's responsiveness in these
matters could be linked to a moralizing and politicizing function,
which it was perceived was not its proper use. Tort law, like history
though, has moved away from its original personality, and the
doctrine of fault, which was its first commitment, has now been
infused with a new content more responsive to the current age.
In what sense are we then to express the fundamental purpose of
tort law? Its contemporary notion of fault is that government, big
business and professional elites must be more accountable than was
demanded of them in the prior century. Tort law has also become a
vehicle for expressing public opinion in holding citizens accountable
to each other for inflictions of mental suffering, invasion of privacy,
and conveying irresponsible advice. It is moving closer to saying to
citizens that they must behave as Samaritans and good neighbors, in
Victims of Crime in Criminal Justice System 209
It is only in the past ten years that the role of the victim in the
criminal justice system has again risen into prominence. There is now
a plethora of studies, at least in Britain, considering the victim's
experiences, his views and his attitudes. Yet this recent upsurge of
interest is in many ways surprising. We have known for some time
how vital the victim is to the operation of the criminal justice system.
In a simplistic way, one might consider the system, and all the jobs
and workings of the professionals within it, as being built upon the
actions of two people - the offender and the victim. The numbers and
type of cases entering the system and thereby eventually providing
the workload for the courts, prison service and other conventional
agencies, appear largely to be determined by the reporting behavior
of victims and witnesses, not action initiated by the police (Clarke
and Hough, 1980; Bottomley and Coleman, 1981; Maguire, 1982).
We have, therefore, two contradictory facets of the role of the
victim - his practical importance and, in contrast, at least, until
recently, an ignorance of and an ignoring of his attitudes and
experiences by the professionals within the criminal justice system. It
is this paradox which is fundamental to our understanding of the
victim's attitudes to the system. This chapter will explore these
attitudes. I shall be referring mostly to a study of the experiences of
some English victims of violent crime, which I, together with Jon
Willmore and Peter Duff, have been involved with over the last four
years.
This was a study of victims from two towns in the Midlands whose
offenses had been reported to the police. It was longitudinal -
involving interviews with the same victims at various stages as they
went through the system. In this way we could look at changes in
210
Similarly, burglary victims are concerned that the police should listen
carefully, and perform the almost ritualistic finger-print dusting and
questioning that would indicate to them that the police were taking
the case seriously (Maguire, 1982; Howley, 1982). Howley has
pointed to the discrepancy between police and victim attitudes.
Police officers thought that it was important to appear "professional"
and "efficient," whereas victims were, above all else, looking to the
police for support, reassurance and personal contact. Three-quarters
of Howley's victims expressed satisfaction with police action, but
caring and supportive attitudes were the main subject for victim
praise. Apparently uncaring or casual attitudes were the most
frequent source of criticism. The concern, again, was with process
rather than outcome.
Very similar results were found in a study of a very different
offense - rape - from a very different criminal justice system - the
United States. Kelly (1982) found that her rape victims rated the
Victims & Criminal Justice System 213
police highly (76% were satisfied with patrol officers and 80% with
detectives), but were disturbed about insensitive questioning and any
tendency on the part of the police to regard the victim not as a
person, but as evidence. It is, therefore, the attitude of the police
during initial contacts that determines victim satisfaction.
This concern with attitude and with treatment continues during the
police investigation of the offence. By the middle of the investigation
in our study, however, the initial high levels of victim satisfaction
with the police were starting to decline. This was due largely to lack
of information, for which the police were blamed. By the end of
police and court processes, there was a significant decline in satisfac-
tion with the police handling of the case and also a decline in
attribution of positive qualities to the police generally (so that the
police were described as being less efficient, less over-worked, more
offensive, less fair, less bureaucratic, more crooked and less helpful).
There were even some victims who would not report a similar offense
to the police again. This lower level of satisfaction persisted over the
two or three years after the offense, as did victims' memories of their
experiences. The major reason for dissatisfaction was lack of in-
formation, and a consequent feeling that the police did not care.
were filing the case. Of the victims 88% felt that they should have
received some notification of the result of the case, and most of these
put the responsibility on the police.
Again, a need for information occurs for victims of other offenses.
Maguire's (1982) burglary victims complained that after the first few
days, they had heard nothing further about the case. Only 24% had
received any notification of police progress. Those who praised the
police usually did so in terms of the "trouble they took" over the case.
Their satisfaction was not affected by whether or not the burglar was
eventually detected. Howley's (1982) victims also criticized police
who did not report developments. For Kelly's (1982) rape cases,
victims' assessments of how they were treated by both police and
prosecutors were more favorable if they were provided with informa-
tion, consulted and included in their case. Indeed, the most impor-
tant predictor of satisfaction with prosecutors was not the verdict, but
victims' assessment of how they were treated. The rule was: the more
the contact, the greater the satisfaction (a similar finding to that
suggested by Knudten et al. (1976) for their American victims of all
types of crime).
At the outcome stage, again, it appeared that process was more
important than the actual result of the case. Perhaps surprisingly in
our study, victims were often quite happy if the police did not catch
the offenders, provided that they felt that the police had been
interested and had kept them informed. They wanted, however, to be
told the outcome clearly and fully - to know that enquiries were no
longer continuing. Victims were, again, not particularly punitive
either in the sentence that they would wish their offender to get or in
their reactions to the sentence that those offenders who were
convicted finally received. Their suggested sentences seemed to be
very much within current English sentencing practice. They did,
however, feel that cdmpensation by the offender should have played
a much larger part than in fact it did (only about 20% of victims
whose offenders were sentenced received compensation orders and
many of these were for small amounts). These reactions to sentencing
are not just confined to the victims of violent crime, as in our study.
Maguire (1982) has found very similar results with victims of burg-
lary. It seems that, in England, the "hanging, drawing and quarter-
ing" victim is a myth.
Where victims did attend court to give evidence (or managed to
find out when the court appearances were and attended out of
interest), it tended to be the peripherals of the court system that
caused problems: the lack of facilities, cramped surroundings, sitting
Victims & Criminal Justice System 215
not want decision-making power - they were happy that the decisions
to charge, to prosecute, to sentence, should be left with those who
are taking them today. Some interest was, however, expressed in the
possibility of using a mediation dispute regulation procedure in some
circumstances (see Chinkin and Griffiths, 1980). There were some
areas where victims wished for consultation before decisions were
taken - on whether charges should be pressed or dropped at court
and on whether information about victims should be given to the
press. But the major requirements were for information and help -
not as charity but in exchange for the very considerable time and
effort the victims themselves put in at a time when they were injured
or shocked.
The changes in the criminal justice system necessary to approxi-
mate more closely to the present expectations of victims arp not
major or structural ones. They are primarily attitudinal. They involve
training the professional participants in the criminal justice system to
treat the victim courteously, and keep him informed and consulted
about all the stages of the process. They involve treating the victim as
a more equal partner. That, however, would imply a greater emph-
asis on the role of the victim, and, potentially, less emphasis on the
role of the offender and that of the legal profession. This might
include a shift in working practices of the professional participants
that might initially appear to involve more work, more difficulty and
more effort but, paradoxically, may result in easier detection, a
higher standard of prosecution evidence and fewer cases thrown out
at court. Attitudes are, however, not absolute. They depend upon
expectations and upon knowledge of the system. The similarity of
victim attitudes over offences and in different systems is extraordin-
ary. It tends to suggest similar roles for victims and a similar
perception of victims in the different systems. If we adopt the more
victim-centered system suggested by the findings of these studies, we
may merely produce a system more rounded in its concerns but no
less adversarial than at present. Or we may, in so doing, alter victims'
attitudes and expectations so that a different model emerges, one
perhaps closer to a mediated consensus model of dispute regulation.
REFERENCES
218
Percentage
of victims
suffering
effects
.e-_-~.e-----€l any effect
80 ,/
,.0"---"
Gl, ",,""
physical effects
70 , ~
""
60
,,
,,
50 ,
,~ possible emotional
need
40
soci aI effects
30
20
psychological effects
10 .....
..................... ...... _-- .... possible financial need
...........
"""".
financial loss
o 6m 1yr 1'1. 2yrs 2'/: 3yrs
'2yrs 2yrs
FIGURE 11.1 Effects suffered by victims at different times since the offense
flowed from this. The first is that there are undeserving victims which
the State has no "moral" obligation to compensate (for example, if
the crime "arises directly from undesirable activities of the victim").
The second is that there will be fraudulent claims: the scheme
"should provide as many safeguards as possible against fraudulent or
exaggerated claims." Both of these have been amplified by the fact
that state compensation is public money, which has to be accounted
for. The results have been the inclusion in the CICB Scheme of
descriptions of various categories of undeserving victims (who are to
be denied compensation or given only a partial award) and the feeling
amongst those administering the CICB that everything the claimant
says is to be checked. As the administrative officers said in the course
of the present study, "All information given on the application form
is checked." From considering the files, there seemed to be almost a
presumption in some cases that applicants would tend to or try to
exaggerate. Considerable correspondence could take place over
small sums.
Another prevalent view is that assistance is given on the basis of
sympathy, to give help, aid, even charity to victims. The voluntary
sector may be encouraged to playa large part (for example, the
victim support scheme movement), on the basis that victims, like the
poor, deserve charity. Such aid may, however, tend to be concen-
trated on those seen to be the most obviously deserving and innocent.
The most obvious example of this is the concentration, at least in
rhetoric, on the elderly, especially old ladies who are the victims of
robbery.
Even compensation from the offender, which, in Britain, takes the
form of compensation orders from the courts,6 has been set up to
provide an alternative to civil legal procedures for victims, sO that
they might obtain financial assistance more quickly, more easily, and
at less potential cost. As a result an apparent tension between the
supposedly civil nature of the award and its place in a penal sanction
has been perceived by legal commentators and by prosecutors and
justice clerks (Shapland, 1982).
In other jurisdictions, the benefits to the criminal justice system in
terms of the victim's greater co-operation have been stressed.
Unfortunately, both the present study and that of Doerner and Lab
(1980) in the United States have failed to find any spin-off benefit of
compensation on attitudes to the criminal justice system. The award
of compensation affects attitudes to the compensating authority itself
(the state scheme or, in the case of compensation from the offender
226 On Victims & Criminal Justice System
in Britain, the courts) but not attitudes to other parts such as the
police.
The prevailing view in terms of society's attitudes to victims and
victim assistance appears to be that it is the deserving, innocent
victim who should be compensated or helped and that that help
should be given as a form of charity. It is the schemes themselves who
will decide who fits this stereotype. Assistance, being charity, is not a
right and should not be questioned by the recipient.
Secondly, the tariff for compensation might follow not the present
civil scale but a rather differently-weighted criminal scale. Such a
criminal scale would pay more regard to mental effects - the social
and psychological effects of Figure 11.1. It would also be based on a
concept of "seriousness" of the offense from the point of view of the
victim.
It may be useful to go into more detail about this concept, as it is
still unfamiliar to us to think of criminal matters from the point of
view of the victim. It would involve different elements and weightings
of the contributing factors from that derived from the point of view of
the offender (or of "society"). It might, therefore, involve considera-
tion of the perception of the victim, "I might have died" rather than
"the offender might have considered that I would nearly die" or "I
did nearly die."
The seriousness of a crime include consideration not only of its
consequences to the victim but also the symbolic gravity of the
offense and the fact that the victim has been the victim of a crime
(rather than an accident). The victim might be said to have been
brought unwillingly into contact ("stained") with crime. The symbolic
gravity of a crime might include serveral elements, for example,
whether it puts the victim at risk of personal harm or merely touches
his possessions or, perhaps, whether the offense was intentional.
Intentional violence may be considered more hurtful and, therefore,
harmful by its recipient than negligent or accidental violence. A scale
of seriousness of offenses from the point of view of the victim may
thus bear a considerable resemblance in its constituent elements to
scales of seriousness from the point of view of the offender or of
society - hardly surprising, given the cultural continuity. However,
the combination and weighting of those elements will be different.
Let us consider an award of compensation under this new criminal
tariff as opposed to under the civil tariffs now operating. Some parts
of the award will be similar. There will still be a division into expenses
paid out (special damages) and the more general symbolic sum. But
under the criminal tariff, expenses incurred during participation in
the criminal justice system would obviously be included. In the civil
scale, the general sum ("pain and suffering") is mainly based on the
consequences of the offense - the injuries suffered. There is,
however, no particular reason why the actual sums paid under the
civil tariff should have the values they do at present. The criminal
tariff would include the elements of consequences (with a greater
weighting for mental effects), symbolic gravity and criminal nature of
the offense, but these would probably not be additive, at least in a
Victim Assistance & Criminal Justice System 229
NOTES
1. The study, carried out in collaboration with Jon Willmore and Peter Duff,
is described in more detail in Chapter 10. Full particulars may be found in
Shapland et al. (1981) and Shapland (1982).
2. It is possible to calculate the interviews relevant to each time period in two
ways, both of which produce very similar results. The one shown in Figure
11.1 represents the effects described at the next interview after the time
shown (since victims were asked to tell the interviewers about any effects
suffered since the last interview). The alternative would be to count only
interviews taking place within a particular time period, but this produces
more apparent fluctuation due to the lower number of interviews involved
in each period. Note that the three-year point contains only a few
interviews. These results should be treated with caution.
3. Financial loss includes any statement by the victim which mentioned any
specific amount of money, whether for loss of earnings, damaged or stolen
property or medical expenses. These would all come under the heading of
special damages in any compensation award. Physical effects cover both
temporary physical suffering such as headaches or pain while performing
everyday activities; and permanent disfigurements such as scars or missing
teeth. Social effects could occur at home (holidays disrupted, family
concern, etc.), at work (victim changes job, perceives that he is treated
differently, etc.) or concern the victim's social life (victim does not go out
alone, will not go to pubs, etc.). Psychological effects include worry,
anxiety, depression and their symptoms in the victim or in his relatives.
4. Considerable discussion of these issues may be found in Miers, 1978;
Burns, 1980; Thorvaldson and Krasnick, 1980; Harland, 1978.
5. The applicant, as in the case of the CICB, may of course appeal if he feels
that the guidelines have not been followed.
6. Under the Powers of Criminal Courts Act 1973 as modified by the
Criminal Justice Act 1982, when sentencing, "a court by or before which a
person is convicted of an offence, instead of or in addition to dealing with
him in any other way, may, on application or otherwise, make an order
requiring him to pay compensation for any personal injury, loss or
damage resulting from that offence or any other offence which is taken
into consideration by the court in determining sentence." This applies to
England and Wales. Almost identical legislation exists in Scotland.
REFERENCES
Brown, S. D., and Yantzi, M. (1980), Needs Assessment for Victims and
Witnessess of Crime, report prepared for the Mennonite Central Commit-
Victim Assistance & Criminal Justice System 233
But let us imagine that the case proceeds through normal channels.
Compensation to the victim will often enter into the picture. Systems
where this compensation can be demanded directly in connection
with criminal procedure are probably better for the victim than
systems where he must raise a separate civil suit. But even the
simplified system used for example in my own country has its
drawbacks. This is because such a system leads the victim to report
offenses for prosecution simply in order to obtain compensation even
in those cases where he really isn't interested in seeing the offender
punished. Reporting the offense to the police may considerably
facilitate the procedure for obtaining compensation. This tendency is
further strengthened by the fact that before one collects from
insurance companies, one must usually show that the police have
been notified of the matter. It would seem that crime statistics are
needlessly inflated by such "technical" arrangements.
There are of course a large number of cases - especially in
connection with serious offenses - where the detection and punish-
ment of an offense fulfills a real social need. But in borderline cases
this is not true. For example in fraud, it is often only a matter of
opinion whether one should follow criminal procedure or only
demand compensation through a civil suit. Therefore, the system
itself should not induce people to report crimes for the sole purpose of
obtaining compensation.
A second matter calling for reform is the collection of compensa-
tion. It should not be something for the complainant alone. It is
especially here that the official system must come to the aid of the
victim.
Obviously, the victim frequently fails to obtain compensation from
the perpetrator. One possibility is that the state would help out. At
least in Scandinavia, only two decades ago, the idea that the state
would pay compensation for crime damages was rather new. I
remember the discussion in my own country fifteen years ago, when
some members of Parliament introduced resolutions to this effect.
The recommendations were opposed both by those who rigidly
maintained that the only one who should pay is the offender, and by
those who -like the Ministry of Finance - thought that this would be a
dangerous road towards increasing state expenditure. It is interesting
to note how, despite the opposition, a law on the state's obligation to
indemnify crime damages was passed about ten years ago after the
Nordic Council (composed of official representatives from Denmark,
Finland, Iceland, Norway and Sweden) accepted a recommendation
242 From Crime Policy to Victim Policy
How can we be so sure that the victim will be helped best by having
the case taken into the official criminal justice system? The victim,
who has already suffered anguish and expenses as a result of the
offense, may very well feel that he is once again sacrificed in order to
ensure that the system operates properly. It may be that those
making these proposals have an exaggerated view of the benefits
provided by the official system.
The victim - and society in general - may, however, feel that mere
passivity would not be enough. Another solution may be considered.
Instead of shoring up the official system, we should give serious
consideration to how mediation without trial could be expanded. In
many senses, the informal conflict resolution model would be better
than ,the formal. It should be the preferred model whenever we are
dealing with relatively minor offenses primarily directed against
private individuals.
It is another matter what the best means of organizing such
mediation would be; there are others who would be in a better
position than I to make suggestions. It has been suggested that so
called crisis centers could help out in this role. I am not altogether
convinced that this solution is the best one. Is it not to be expected
that the staff identifies too strongly with the victim, their client? It
might be that the staff would allow their emotions to lead them to
regard the offender as a double enemy - an enemy of their client and
an enemy of society. Would it not be better to have a more impartial
mediator for this very difficult task?
For the purpose of crime prevention, it might be tempting to go
one step further. As victimology has demonstrated the important -
perhaps even decisive - role of the victim's own behavior in the
etiology of crime, would the general opinion be ready to demand that
also the potential victims should help to prevent offenses by changing
their own behavior? In other words, is it possible to redistribute the
allocation of costs and burdens of crime on offenders and the
potential victim?
Certainly there is some willingness to move in this direction on a
voluntary basis. For example, if the police announce that they are
prepared to provide advice in preventing burglaries and robberies,
the public reaction is usually quite favorable. To some extent, the
public is prepared to cut down on the risk of crime through their own
activity, sometimes even at their own expense. But at some stage the
difficulties begin in this reallocation of the burden. In public debate in
Finland during the 1950s there were strong demands that car drivers
244 From Crime Policy to Victim Policy
INTRODUCTION
policy grounds and if so, should their selection drive other policy
choices? In the USA, it is at times argued that the crimes selected for
measurement are the most serious crimes, meaning by that that they
have serious consequences and are regarded as serious.
for their injury, for example, was only about one-fifth in 1980 (BJS,
1982:14). Similarly, although we can demonstrate that there is some
monetary loss in crimes against property, either because of damage to
property or theft, those losses in real dollars are quite small. One
may, of course, question whether these are the most appropriate
measures of harm or of calculating its amount, a matter we shall turn
to later. A substantial proportion of all crime victimizations are
attempted and never completed. Harm is on the average smaller for
attempted crimes. The conclusion then is that a substantial propor-
tion of victimizations reported in victim surveys, such as the NCS,
is for quite trivial events - events that persons may and do not find all
that salient if we consider their own attitudes about reporting such
matters to the police. 2
A main conclusion of crime victim surveys is that a substantial
proportion of all crime victimizations reported to survey interviewers
is not reported to the police. What is significant about that unre-
ported crime, from a policy perspective, are two things. One is that
the major reason citizens give for not reporting their victimization by
crime to the police is that they do not regard the victimization as a
serious matter. What is defined by law as a serious crime is not in
many instances a serious matter for its victims. Two-thirds of all
reasons given for not reporting victimizations to the police indicate
that the victim considers the offense relatively inconsequential
(Reiss, 1982:567), with over 40% saying that either nothing could be
done about the matter or that the offense was not important enough
to warrant bringing it to the attention of the police. Such reasons are
very substantially correlated with the amount of harm reported. It
follows, of course, that crimes which have the most serious consequ-
ences are most likely to be reported to the police and when reported,
their victims are least likely to say that the crime was not important
enough. Although almost one in three persons who failed to report a
crime to the police said that it was not important enough to warrant
doing so, less than 5% of all victims of crimes involving a monetary
loss in excess of $250 gave that reason (BJS, 1979: table 103).
tors over time? The answers to these questions are part and parcel of
a larger question on the intelligence, enlightenment, and engineering
functions of social indicators (Crawford and Biderman, 1969; Bider-
man, 1970): how do our indicators meet these three related but
different needs? Surely, our reporting of crime in concepts that imply
rather than measure the seriousness of events to victims is unsatisfac-
tory for any of these three objectives and, therefore, as indicators for
forming and implementing public policy. It may be noted, in passing,
that there are those who will suggest that this is but an argument for
disaggregation of our aggregate indicators. It is not, for at the heart
of the matter is how one conceptualizes crime and not simply how
one measures it.
Our second question is who are the victims of crime and how are they
incorporated into crime victim surveys. This problem has both
conceptual and measurement dimensions because actual victims or
their victimizations are the numerator and potential ones the denomi-
nator for rates of criminal victimization. One must collect informa-
tion on exposed populations who constitute the base for rates as well
as for the populations of victims (Reiss, 1983b).
National victim surveys differ in their selection of sampling and
reporting units and the offenses for which a population is at risk. The
NCS in the USA and the Canadian and British surveys treat persons
and households at risk for person and household crimes. The Dutch
consider persons and households at risk for all offenses including, for
example, burglary of a dwelling unit. The pioneering studies that led
to the development of crime victim surveys also attempted to
measure victimization by selected crimes for other populations of
victims, especially organizational populations. The organizational
populations included both profit-making and not-for-profit organiza-
tions in the private sector, as well as government organizations in the
public sector (Reiss, 1967). Until 1977, the NCS conducted a
victimization survey of primarily commercial establishments soliciting
information on commercial burglary and robbery (NCJISS, 1973-77).
Quite clearly, unless we conceptualize and measure criminal victi-
mization for organizational populations, we shall scant them in the
formulation of public policy. We now do so. Yet, it is far from clear
whether the household and its members have more than a political
252 From Crime Policy to Victim Policy
priority in our public policy about crime because they are thought to
be somewhat larger in number and votes. It will be surprising to some
to learn that when all organizations are included the population of
organizations in the USA substantially exceeds that of its resident
population. The extent to which an organization can be victimized
varies, of course, among organizations. The greatest potential prop-
erty loss from victimization by crime is for our largest private
(capital) and public (government) corporate organizations, not for
individuals. Organizations of course affect public policy in a different
sense than do individuals and their crime victimization is dealt with in
different ways.
The survey interview itself poses problems for gathering informa-
tion from different kinds of victims. Those with diminished responsi-
bility and capacity to respond do not fit the model of direct inquiry as
to one's victimization by crime. The proxy interview for such persons
is a partial solution to that problem, on the assumption the proxy is a
valid surrogate. Even the use of proxy may be limited by defining the
population of persons eligible for victimization by crime. The NCS in
the USA defines that population as persons 12 years of age and over.
Clearly that population excludes an important class of victims - those
under age 12 - thereby underestimating victimization by crime.
Exclusion of persons under age 12 and proxy interview with those
aged 12-13 undoubtedly preclude measurement of one type of crime
- parental assaults of infants and children. Although both theft and
assault are probably underestimated because of an age eligibility
requirement for qualification as a victim of crime, the offense of
assaults of parents on children sets a limit on the survey itself as a
means of gathering such information. For, unless one queries chil-
dren directly about assaults against them - and there are distinct
limits for very young children - one is unlikely to uncover that
information since the proxy respondents, not uncommonly, are the
parent and sibling offenders. Where victim and offender reporting
are coupled, a victim survey design may prove unreliable.
Again, there are policy implications to be drawn from these two
examples. Where we seek information on kinds of offenses - such as
child abuse - the current surveys are of no help. Where we may be
scanting an important class of victims in public policy - organizations
- current surveys likewise are of little help. So far as organizations as
victims are concerned, neither our current uniform crime reporting
statistics based on law enforcement intelligence systems nor our
national crime surveys are very useful. Yet by all evidence, non-
household organizational victimization rates are higher, at least for
Policy Implications of Crime Victim Surveys 253
some types of crime, than are those for households, whose rates in
tum are greater than those for individuals. Just what are comparable
rates of victimization for these different victim populations and their
propensity to victimization by different types of crime is far from
clear, however, so that the comparative statement itself is open to
question.
Setting aside the ways in which victim survey measures of harm and
its consequences may be flawed, our concern here is with the
254 From Crime Policy to Victim Policy
In what ways does fear exhibit itself? These and similar questions can
be answered only with longitudinal designs - a more costly form of
the sample survey. 4
policy decisions about crimes and their victims all too often ignore the
territorial distribution of crime. Local victim surveys typically are
designed to provide only aggregate information for the locality as a
whole.
Crime can be as consequential for collectivities as it is for the
individuals that comprise them. Much individual risk of victimization
undoubtedly is a consequence of where one lives and works and not
of who one is. Communities harbor offenders as well as victims in
varying numbers. Offenders, community opportunities, and com-
munity control affect one's risk of victimization.
There is a growing body of evidence showing that crimes of
violence towards property may be more consequential for the quality
of life in communities (Reiss, 1983a:54-7) than are crimes of violence
towards persons. Much of the violence towards property, especially
that of vandalism, affects collective or publicly rather than individual-
ly held property - streets, schools, parks, and playgrounds, for
example (Reiss, 1982:577-83). Violent crimes towards property must
rank among the more serious of crimes, representing, as they do, a
net loss rather than a transfer of value. Where property is publicly
held, replacement costs depend upon tax revenues and their alloca-
tion.
All communities give off symbolic information about their levels of
crime and the risk one takes in being victimized. Yet, in victim
surveys we seem to be interested solely in individual victims and their
victimization careers. There is no parallel interest in community
careers in crime. 5 Victim surveys focus on how individuals are
harmed in their individual capacities and not in how societies are
harmed in their organizational and collective capacities. In brief,
current crime victim surveys contribute to our developing and
maintaining policies that are inattentive to the most serious consequ-
ences of crime - that it destroys neigborhoods and communities as
well as individuals and their primary organizations. Recent work by
Kobrin and Scheurman (1981) leads one to conjecture that the
destruction of property by vandalism and of an organized business
community may presage high individual crime rates rather than
follow upon them. In that sense, the crimes of destruction of property
that we have been treating as less serious in our public policies turn
out to be the most serious. The recent British survey, reporting
vandalism rates more than twice that of all other theft of property
(Hough and Mayhew, 1983:8), has a message not only at the level of
the individual and his or her household but for the communities in
which they live.
Policy Implications of Crime Victim Surveys 257
Yet the crime victim survey is not very well adapted to measuring
the distribution of crime in space. One of the advantages of police
statistics is that they can more readily do so. Both our current
sampling techniques and the cost of crime victim surveys make the
use of crime victim surveys for estimating the territorial distribution
of crime problematic. The British survey has some indirect measures
of territorial risk. It concludes, for example, that persons who park
their cars on the street at night orland live in metropolitan areas
(especially inner cities) orland live in council housing are far more
vulnerable to motor vehicle theft than those who do not (Hough and
Mayhew, 1983:19). The numbers of sample persons in any particular
geographic area is far too small to calculate area probabilities of
victiqlization by crime. These indirect measures, nonetheless, are of
some utility for policy purposes. Provision of off-street or enclosed
parking, for example, can reduce auto theft rates. What we must bear
in mind is that our failure to treat the distribution of crime in space as
problematic, to see organizations as victims, and to treat organized
community life in its public forms of neighborhood and community as
victims may hamstring as well as limit public policy about crime
prevention and control.
All national surveys fail to capitalize on the ways in which the
non-victim population can be an important source of information
about victimization by crime. Generally the nonvictimized population
is queried only about attitudes they have towards crime and the
criminal justice system or about their fear reactions and any consequ-
ences of that fear. The surveys neglect to treat victimization as
problematic for that population in ways that might illuminate public
policy just as they fail to treat thwarted crime as problematic in
surveying victims. This perhaps arises from two conditions of the
survey. One is that our surveys are generally poorly ground in causal
theories about victimization by crime and its policy relevant dimen-
sions. The other is that a cross-section design is a very limited means
to test causal theories or to develop and test policy deductions from
those theories.
A simple example may clarify these observations. Suppose we
assume that victimization by crime can be prevented if the victim
takes certain actions. It is important to determine then who has taken
those actions and to follow such actors over a reasonable period of
time to determine their consequences. The victim survey designed as
a panel survey can be regarded as a quasi-experimental design where
it becomes possible to test both causal theories and the effect of
policy relevant behavior. The current cross-section designs are very
258 From Crime Policy to Victim Policy
CONCLUDING REMARKS
there is a cautionary tale also. There are limits to what surveys can
tell us. They are but one of a number of intelligence systems that
contribute to making and implementing public policy. With appropri-
ate development, our uniform crime reporting systems may produce
information about victims relevant for crime policies as can victim
surveys. What seems necessary is the progressive development,
elaboration, and interfacing of all current systems of information on
crimes, their victims, and their violators.
NOTES
REFERENCES
INTRODUCTION
261
THE INITIATIVE
were recaptured some time after they had elapsed. They were massed
together and anonymized, emphasizing their generality rather than
their personal urgency. The outcome was the reproduction of one of
victimology's images of crime as a commonplace and predictable
incident which was trivial enough in its effects. The typical burglary
was held to be nonviolent, petty and inconsequential. Waller argued
that it served as a poor foundation and justification for the Canadian
public's fear of crime, a fear which he depicted as autonomous in its
development, meriting its own analysis and treatment.
The book was not well received in some quarters, newspapers
being especially prone to claim that it had belittled the shock and
suffering which victims undergo. For many, the book was made
known through a hostile editorial and their response was to a
reconstructed version of Waller's argument. As Irvin Waller
observed, "The reception given to the book was actually the recep-
tion given to an editorial that distorted not only what was said in the
book, but what had been said in the Globe and Mail's front page
story."s Around that reaction to a reconstituted thesis was to grow a
small politics of outrage. Victims themselves protested to the press.
Waller declared that he had not anticipated the critical reply which
was to be meted out: "press reports, in which burglary victimization
surveys are quoted as showing serious events to be rare, tend to
generate vitriolic letters to the editor from those who have been
traumatized by such events in the past.,,6 The difficulties posed by
that anguished response were complicated by their unexpected
translation into politics. By the time the book was published, Waller
had become established as a senior civil servant advising the Solicitor
General of Canada. His arguments could be construed by some as
indications of the policy of his Department and Minister. Reproofs
were directed at the Solicitor General himself. Most unusually, a
scholarly work had become notorious and Waller made a public
affirmation of his commitment to the relief of victims of crime.
Thereafter, he was recognized by his colleagues and others as wedded
to the politics of victims.
Social action requires human agency. Waller had been instated as a
powerful public official and he became a relay, disseminator and
amplifier of the ideas of victimology and the victims movement. He
was to construct a network of acquaintances which was organized
around the promotion of victims. He was to be involved in the
creation of the World Society of Victimology and he became a
member of the Advisory Committee of the National Organization for
Victims & Policy in Canada 269
origins in places outside the Cabinet, the Minister's office and the
Policy Branch. Its birth in the Programs Branch was to inject some
problems of mandate, territory and role. There was limited disagree-
ment about competence and provenance, a disagreement which
touched on the authority of different groups to make policy. In
particular, there was awkwardness surrounding the office of the
Director General of Research, an academic who had entered the
Department to effect change. Waller was to resign because of the
frustration he had encountered in his attempts to alter policy: "I left
because I did not feel governments were concerned enough about
programs to prevent crime or programs that would help victims of
crime recover from the experiences.,,8 In return, there was some
sentiment that research and policy-making were and should be
independent spheres of enterprise. His was a recurrent problem,
encounted elsewhere. In Washington, for example:
convened to discuss its work and it was at that meeting that there was
a discovery of the sheer volume of projects that could be assembled
together under the title of "victims assistance." The little histories
began to converge, lending themselves to amalgamation. They were
made attractive by their very lack of structure. So incoherent were
they that they presented themselves as ideal candidates for recon-
stitution as a new initiative and as part of the Strategic Overview. In a
phrase that is freighted with meaning in Ottawa, they were "timely,"
in a state of readiness to be developed when development was
demanded. During a period when old ventures were ending their
lives and there were few nascent projects, victims became very
prominent.
There was no immediate adoption of victims in the first effective
Strategic Overview of the Ministry of the Solicitor General. Instead,
there had to be some negotiation and expansion of the list of
initiatives before they were inserted. It was the Policy Branch that
drafted the Overview, and the Branch had some forebodings about
the economies that were about to be urged by Government on itself.
Further, the Branch had only a modest stake in victims as bureaucra-
tic property. In the main, victims had been the preserve of the
Programs Branch and they had remained within its control. The
initial draft of the 1981 Strategic Overview was stark and brief, and it
excluded victims. Its enlargement came about at the insistence of the
Minister, the Programs Branch which had endorsed victims, and the
Ministry of State for Social Development which supervised one
cluster of Ministries within the Policy and Expenditure Management
System. The social structure of the redrafting process was then the
third of the linked events. By early 1981, the theme of violence to
women had been embodied in Government policy. By that time, too,
the emergent initiative had generated a field of activity and a
population of significant others who were implicated in its career. A
network had been born around a common interest in the victims of
crime. The Strategic Overview was perused by officials at the
Ministry of State for Social Development who were part of that
network, mindful of the Speech from the Throne of 1980 and aware
of the latent politics of victims. The evolving initiative had created a
social organization about itself, an organization which then folded
back and coaxed its further progress.
The new system of budgetary planning and regulation, the political
plasticity of victims, and the unfolding network combined to produce
the fourth event. In 1981, it seemed apparent that the new talk of
Victims & Policy in Canada 279
austerity and the sheer novelty of the Policy and Expenditure
Management System had conspired to create only a very meagre
stock of new proposals. An orderly search was made for a series of
modest, nonrecurrent initiatives. One suggestion was that there
should be a rapid development of victims as the subject of a new
venture. Thus it came about that "Justice for Victims of Crime
Initiative" was conceived. In the course of a number of months, the
diverse ingredients of the little histories were pieced together and
transformed into proposals that were paraded in Ottawa, before the
criminal justice ministries of the provincial governments, and submit-
ted to Cabinet.
The developing initiative mapped a geography of relations and
org<}nizations which would be affected by its appearance and could
hinder its growth. It was necessary to secure the approval and
contribution of those other bodies. Without them, the complicated
work of launching a new measure could never be done. That process
of ratification may be likened to a ritualistic acquisition of property
rights in an enterprise, encouraging powerful institutions to feel
proprietorial and responsible towards a vulnerable project. The
initiative was left deliberately unfinished so that the ritual might be
carried out. Victims were displayed before one committee after
another in succession. Each committee had its own constituencies
and preoccupations, and each made a distinctive mark. Proposals
have had to be argued in a manner that pleased the committees,
representing a special form of the significant gesture and fashioned in
anticipation of the likely response which others might make. Indeed,
the very registration of an effective response is politically important,
permitting an organization to identify a project as an accepted part of
its sphere of interest. Just as the Sleeping Beauty was offered to the
fairies to avoid injury and win a blessing, so the initiative itself has
been on show. Several years in the making, it is now open to quite
major change as it becomes exposed to the gatekeepers and masters
of the Canadian criminal justice system. It has been subjected to
demands and arguments that its original authors could never have
predicted. Indeed, it has been in the process of gaining a new set of
authors. It is an irony that the cost of achieving potency is a loss of
complete command by the parents of an initiative. Events begin to
acquire autonomy, seeming to possess a distinctive logic and becom-
ing susceptible to the will of others. As it becomes exposed to the
Federal-Provincial Task Force and a sequence of committees, so the
initiative has come into the open to become a public object.
280 From Crime Policy to Victim Policy
Any stage may become the basis of a little odyssey which takes
people into special areas and before distinctive problems. When
much is going on, there is always the chance that these little episodes
will branch away from the shared experience of the everyday world of
the office, leading to distinct processes of learning that cannot always
be communicated to those who have not passed through them. Thus
those who worked on the survey were transformed in ways they had
not expected. So too was Irvin Waller when he became attached to
victims. Each segment of policy-making may then take its own
somewhat eccentric course, affecting proposals in its own way and
offering some problems of reconciliation with other approaches. In
an orderly progression, based on meetings and collaboration, policy
formation can thereby resemble a succession of periods of fission and
fusion in which the different activities part and meet and part again.
But there will never be a complete synthesis. There will always be
interpretations and arguments that are not accepted, and there will
always be the tendency of policies to acquire an alien character in the
eyes of those who build them.
Interestingly, once it has been established, the core of a world can
persist for some time after the ending of the functional life of a
particular initiative. Acquaintances formed and connections made
may be sustained and renewed, manufacturing what some in Canada
call the "criminal justice community." The network of people
working on victims was fathered by another group that had been
formed in 1979, the Implementation Work Group on Justice
Statistics. 14 Perspectives on victims were moulded by an earlier
knowledge and style of co-operation, a social circle having been
re-animated. In its turn, the social world of victims politics may be
expected to appear again in a new incarnation as some other project
takes shape. This process of reincarnation infuses the special prob-
lems of a particular policy with the joint competence and shared
understanding of a social world. Ways of doing things arise and do
not have to be relearned. An informal division of labor emerges
around the most general skills of officials. Interestingly, that division
of labor tends not to be situated, encouraging matters such as victims
to receive a standard mediation and construction. The criminal
justice community has its own friendships, skills and autonomy which
are greater than the short life of anyone policy.
Thirdly, emerging policy continually examines the limits of possi-
ble action, defining new opportunities for work and new readings of
organization and mandate. Organizations exist in the practical inter-
282 From Crime Policy to Victim Policy
the Ministry before other bodies. The victims initiative embodies the
consequences of federal-provincial relations in Canada, an emergent
Canadian women's movement and other major and minor happen-
ings. It may b~ decoded as a working expression of the Ministry's
political relations.
Fourthly, and quite evidently, policy is multivocal, signifying
different things as it appears in the careers and surroundings of those
who contribute to its making. How it is managed reflects the manner
in which it is grasped as it passes through the lives of different people,
changes them and is changed in return. For some, the initiative has
been a massive involvement and a subtantial course of identity. For
some, it has been but a fleeting episode which touched very little.
Policies are not simple and unchanging: their meaning, implications
and functions may be subject to confusion and disagreement. There
may, indeed, be no consensus that people are working on the "same"
thing at all. Victims were variously taken to be social indicators,
problems in applied methodology, hurt women, the complications of
police work, the indirect target of a politics of decarceration, an
opportunity to display compassion, a symbol of the unity of the
Canadian state and much else. Purposes and plans changed as those
meanings arose and declined. The very naming of victims was a part
of their politics, forging the direction which they might take.
By extension, policy may be expected to pass through a number of
settings which award it very different significance. It changes as it
moves, and there may be contests between those who man the
various stages of the process. After all, there may be antipathy to the
way in which one's successor mishandles an entity that one has
managed oneself. The transition from research to policy is an
instance. To those in research posts, policy tends to be loose and
diffuse, a rough canopy which may be called by many names. What a
certain initiative is called reflects the exigencies of the policy process,
a process that is a little removed from research itself. Thus the
Programs Branch of the Solicitor General examined the problems of
victims long before the Policy Branch had become identified with the
issue. It will probably continue to do so after the Policy Branch has
moved on to other work. Whether the general theme of work is
described as crime prevention, police-community relations or victims
assistance, research tends to be slow, continuous and incremental.
The Policy Branch, by contrast, pilots specific initiatives through the
system of committees and procedures which punctuate the process of
ratification in Ottawa. It works on entities which are rather more
284 From Crime Policy to Victim Policy
CONCLUSION
NOTES
INTRODUCTION
The definition of victim programs varies, but the following eight types
cover the range of services:
We can evaluate victim services in many ways, but we will stress three
major approaches. Firstly, "process" evaluation assesses whether a
particular program is implemented according to its intended guide-
294 From Crime Policy to Victim Policy
Micro-Level Analysis
Program Creation
their inspiration was very valuable for building public opinion and
electoral support.
But, does this imply a strong commitment to victims, and to the
compensation program? This can be measured in several ways, but
program funding levels may reveal the most. In fact, the flurry of
sponsorship and support did not prevent many of the same legislators
from voting against program appropriations, or for funding so low as
to preordain the plan's failure (Edelhertz and Geis, 1974). In fact, the
programs in Louisiana and Tennessee actually disbanded for lack of
financial support. The political reality of victim services (such as
victim compensation) indicates that official support might be only a
half-hearted, opportunistic commitment to victims and their needs.
We must recognize this if we ever hope to devise effective, alternative
strategies.
Program Operation
Program Outcomes
most victims. For many reasons, only very few victims receive
assistance, and when given, it is often insufficient, and with much
delay and inconvenience (Doerner, 1978; Elias, 1983c).
(2) Offender restitution. Although few programs have had some
success (Galaway, 1977), restitution has been mostly unused and
ineffective. Many judges refuse to use it in sentencing, and when
they do, the assailant is usually not apprehended or financially
insolvent (Schneider and Schneider, 1981). For what it is worth
to the victim, even programs that successfully arrange restitution
payments usually fail to provide the victim-offender interaction
upon which this service is philosophically based (Gattuso Hol-
man, 1976; McKnight, 1981).
(3) Victim-Witness programs. These programs seem to prefer official
over victim needs. Most have not significantly enhanced victim
involvement in cases, nor the satisfaction derived therefrom
(Heinz and Kerstetter, 1981). Some have enhanced the victim's
overall participation and control in criminal proceedings.
(4) Social-service referrals. Although these programs make numer-
ous referrals, many providing victims with genuine assistance, the
plans have numerous difficulties (Schneider and Schneider,
1981). Firstly, many victims cannot be found since most do not
pursue their cases, yet suffer from victimization's after-effects
nevertheless. Victims avoid seeking assistance unless their need
is unbearable, because they feel the criminal process cannot meet
their needs, or because they distrust law enforcers. For referral
agencies outside the criminal process, many victims are similarly
deterred, perceiving such programs as yet additional examples of
insensitive, aggravating, and unresponsive bureaucracies.
Secondly, these agencies often find their referrals ineffective
because many social services do not address victim needs, or do
not accept victim cases (Friedman, 1976).
(5) Crisis intervention. Organizations handling emergency needs of
selected victims seem comparatively successful in their work.
But, in an absolute sense, they still cannot serve the immediate
needs of most victims. Many victims are unaware of these
services, and if and when they find out, the emergency has often
passed.
(6) Victim advocacy. Some successes for promoting victims' broader
rights have occurred, especially when programs exist indepen-
dently from the criminal-justice system (Dussich, 1976). But, the
failures are many. First, relatively few programs exist in the first
Community Control, Criminal Justice 299
place. Second, the status of victims rights has changed little, and
the criminal prosecution still emphasizes social interests, and not
victim interests. Third, victims have not gained any clear control,
or basis for consistent participation, in the criminal process
(Schneider and Schneider, 1981). Victims and their advocates are
still considered unwanted outsiders by many justice personnel
(Ziegenhagen and Benyi, 1981).
(7) Mediation. Some of these programs have been very successful
(Danzig, 1974), yet theoretically their potential goes consider-
ably beyond their current use (Christie, 1978). So few of these
plans operate that they have not provided much relief for victims.
Victims welcome such alternatives, however, even when they
have not specifically experienced such programs (Elias, 1983c).
(8) Crime reduction. While these programs claim to build a sense of
community and reduce crime (particularly for past victims), they
may do neither (Schneider and Schneider, 1981). In theory, for
example, these programs should be contributing to crime reduc-
tion by promoting citizen assistance to police, increased reporting
of criminal cases, and crime-prevention devices (Dussich, 1981).
While some of these changes may have occurred, they have not
affected the crime rate, except occasionally to displace it else-
where (Elias, 1981).
advocacy, and which seek private support (Rich, 1981). Still another
claims that the greater the state control of these services, the less the
victim control (Ziegenhagen and Benyi, 1981). These views indicate
that programs should be independent of governmental control, such
as service-referral groups, crisis-intervention centers, victim-
advocacy organizations, mediation plans, and community-initiated,
crime-control programs.
While these programs would reduce official control, they might
also lack financial support. Nevertheless, their independence helps
ensure that victim needs dominate. Such programs should probably
accept government financing when available, as long as it does not
restrict the program's operations. And, alternative resources might
be available. For example, one study of rape crisis centers has listed
at least twelve other sources besides government grants (O'Sullivan,
1978).
Summary
Macro-Level Analysis
victims when creating such programs, and the philosophical basis for
establishing victim services. We must consider more broadly whether
victim programs serve needs even higher than those of victims and
program administrators. We must examine whether such programs
seek crime control, or rather broader social control. Finally, we must
evaluate whether victim programs actually achieve these broader,
political purposes. For this analysis, we must consider official pers-
pectives much more than before.
Defining Victims
Philosophy
Symbolic Goals
at all. If the goals are met, could it be from the program's symbolic
effect, and not its substance (or lack thereof)?
Victim compensation has no apparent effect on the first objective:
crime control. The programs have neither reduced the crime rate, nor
improved clearance and conviction rates (Doerner, 1976; Doerner,
1978b; Silverman and Doerner, 1979). But, what about improving
attitudes and co-operation ?
To begin with, compensation has not produced a greater level of
crime reporting nor willingness to prosecute nor more favorable
attitudes - all important signs that people have not become more
co-operative (Doerner, 1978a; Doerner, 1980). An analysis of New
York and New Jersey crime victims shows that most victims en-
countering compensation programs do not have better attitudes nor a
greater willingness to co-operate than those not making a compensa-
tion claim. In fact, claimants have significantly worse attitudes than
non-claimants, even when controlling for victim characteristics and
previous victimization and post-victimization experiences. This
occurs even though some claimants are compensated, and some of
them are pleased with their award. Administrative obstacles, and not
merely the lack of an award (or an insufficient one), also produce
dissatisfaction (Elias, 1984a).
Compensation plans have not developed good attitudes and coopera-
tion among victims, and have not overcome the negative experience
most victims suffer from their victimization and their treatment in the
criminal process. Disenchantment among claimants seems to come
from their high expectations about getting an award, only to consis-
tently find themselves either ineligible or unsuccessful. And, this does
not even count those who may have discovered enough about the
eligibility requirements before making a claim, and decided it was
futile (Elias, 1984a).
The programs seem to produce an unanticipated consequence:
greater discontent with government and criminal justice than if the
plans had never existed. But, that negative consequence affects very
few people. It alienates only dissatisfied (usually uncompensated or
inadequately compensated) victim claimants. On the other hand,
satisfied claimants support the programs, government, and criminal
justice. And, most people - those not victimized in the first place -
applaud the apparent concern for victims embodied in compensation
programs. This provides a good illustration of symbolic politics: the
public appreciates the program and hopes it will never need it, when
in fact, should the program ever be needed, for most people it will
not effectively be there (Elias, 1984a)!
Community Control, Criminal Justice 305
Social Control
will become the "criminal" and who will become the "victim" for any
given criminal transaction. Many victims have previously committed
crimes, and many criminals have previously been victimized (Buder,
1977; Elias, 1983c). The situation is dangerous, explosive, and
unpredictable (Elias, 1983b).
The poor and minorities, therefore, need victim services the most,
and some means to control the rampant crime and violence in their
communities. In the late 1960s, however, when the first signs of
victim assistance arose, street crime was not the only disorder
plaguing lower-class neighborhoods. There was great turmoil over
civil-rights violations and the frustrations of dead-end poverty. Riots
and massive disruptions occurred, and law enforcers were even less
prepared for these outbreaks than for normal street crime.
We sought to soothe not only the discontent arising from criminal
violence in the ghetto, but also the much more profound and
threatening discontent against the state and the society, in general.
Rather than addressing the sources of crime and poverty, however,
the response (particularly if one examines Law Enforcement Assist-
ance Administration spending from the late 1960s through the
mid-1970s) seemed to mix toughness and pacification. "Toughness"
arose from court decisions giving freer reign to the police, and from
vastly strengthened police departments, although the new hardware
and technology (such as helicopters, mini-tanks, riot and surveillance
equipment) seemed much more appropriate for controlling mass
disturbances than individual crimes. "Pacification" came through
police-community programs, but again, these programs seemed more
designed to calm tensions than to control crime (Center for Research
on Criminal Justice, 1982; Elias, 1981). Victim assistance (including
victim compensation) might be understood as a part of this appease-
ment, and not only as a criminal-justice policy, but also as a
social-control policy (Elias, 1983b).
Compensation as welfare. In this context, the role of compensation
plans as welfare programs acquires even greater significance. Amer-
ican welfare programs may have served much more to appease a
portion of the population psychologically than to effectively redistri-
bute wealth, attack poverty, or even serve as a security blanket for
the poor. Our welfare rolls have risen (because more money has been
provided and eligibility requirements lessened) in direct proportion to
periodical outbreaks of massive discontent by the poor ever since the
1930s. When the disturbances have subsided, the welfare rolls
consistently declined (because less money has been provided and
Community Control, Criminal Justice 307
Program Outcomes
Summary
Not all victim programs are the same. Among the differences already
compared, the most important seems to be whether or not they
originate and operate within government; that is, within the criminal-
justice system. Most evaluations of victim services suggest that they
should be independent, non-profit organizations that promote victim
interests without becoming institutionalized into the formal criminal
justice process. This favors programs such as service-referral agen-
cies, crisis-intervention centers, victim-advocacy groups, mediation
plans, and community controlled crime prevention. In the language
310 From Crime Policy to Victim Policy
Community Control
REFERENCES
that we now identify with the post-war boom that extended until the
late 1970s. The 1960s, particularly, was a period in North America
which stimulated a growth industry of liberationist ideologies, which
asked for, and then adamantly demanded, greater rights for vulner-
able citizens, welfare recipients, prisoners, mental patients, racial
minorities, and most recently, women and children. We can say that,
for a number of decades, getting oneself defined as a victim was to
use code language for placing economic and ethical pressures on the
bureaucratic system, in order to insist on greater access to informa-
tion-power and political decision-making. This was not the era of
charity, but of political confrontation and liberation. The victim came
to be treated as a "subject" rather than an "object" of our merciful
attention, and was therefore capable of liberating his or her own
energies through well-organized self-interest.
In a period of surplus profits, where governments, public institu-
tions, and individuals shared in the mythos of unending progress, the
system could tolerate a burgeoning ideology of liberating victims.
There was the expectation that the system could bear the pressures,
and that as victims turned into self-supporting, better-regulated, and
confident citizens, the society at large would be better protected than
it was when the disenfranchised experienced victimization without
redress. There were, of course, exceptions to this, which came from
many diverse elements in the political spectrum. Some observers may
have recoiled from dealing with certain categories of individuals as
victims, feeling that the naming process itself could only serve to
aggravate the patterns of social discord at issue. Reactionaries could
be counted upon to argue that, as we all are born separate but equal,
when tragedy occurs at the social level, it is the victims who likely
cause their own misfortune, through ineptitude. Among the social
scientists there were subgroups who professed, through research, that
some victims were more deserving, so to speak, of their troubles,
than were others. This point of view was expressed in some of the
rape studies of the 1960s which revealed some highly controversial
data about the psychological relationship between the rapist and his
victim. By and large, however, the monolith of victimization sensitiv-
ity was thorough-going until what I shall describe here as the current
crisis.
With the predictable benefit of hindsight, commentators are now
prepared summarily to dismiss what is sometimes referred to as the
knee-jerk liberalism of the 1960s and the 1970s. The media and public
sentiment are now in the process of reversing the logic of victimiza-
Epilogue 321
323
324 Index
Kerstetter, W., see Heinz, A. and W. Maxfield, Michael G., see Skogan,
Kerstetter Wesley, G. and Michael G. Maxfield;
Klecka, William R. and Alfred Lewis, D. A. and M. Maxfield
Tuchfarber, 99; see also Tuchfarber, Mayhew, Pat, see Hough, Mike and Pat
Alfred and William R. Klecka Mayhew
Knudten,R.D.,etal., 214 measurement, difficulties of, 81-95
Kobrin, Solomon and Leo Scheurman, mediation, 293,299
256 Mendelsohn, H., etal., 177,182-3
Koch, Gary c., see Blumstein, Alfred and Merry,S., 312
Garyc. Koch Miers, D., 224,303
Krasnich, M. R.,seeThorvaldson, S. A. Milgram,S., 26
and M. R. Krasnick Miller, Peter V. et al., 247
Krisberg, B., 305 Monthly Vital Statistics Report, 77n
Moody,S.andJ.Tombs,215
Lab, S. P., see Doerner, W. G. andS. P. Moses, 202
Lab multiple record systems, 67; see also
Lamborn, L., 301 statistics, nature of
Langworthy, Robert, see Sherman, Murray, Susan, see Catlin, Gary and
Lawrence and Robert Langworthy Susan Murray
Laub, J. see Garofalo, James and J. Laub
Lavrakas,PauIJ., 80n, 172-3, 177, 181-3 N AS (National Academy of Sciences)
Law Enforcement Assistance Panel, 58
Administration, 265,270,306 NCHS (National Center for Health
Leger, Gerald, see Evans, John and Statistics), 77n
Gerald Leger NCJISS (National Criminal Justice
Lehnen, Robert G. and AlbertJ. Reiss, Information and Statistical Service),
Jr, 110 58
Lentzner, Harold R. , see Dodge, Richard NCS (National Crime Survey),
W. and Harold R. Lentzner . development of, 56,58; application of,
Lewis, D. A., 178; and G. Salem, 176; 64-5; nature of, 72-6; and recall, 85, 87;
and M. Maxfield, 177 design of, 92-4, 96-8, 247,252-3,258;
lifestyles, and victimization, 135-52 data in, 103-4, 106-10; scope of, 117-18;
London, 90,109 and 'education' effects, 119;
London (Ontario), 272-3 comparisons with, 129-31; and lifestyle
Louisiana, 295 models, 141,143,145-6; and crime
Lowy, M., see Danzig, R. and M. Lowy reports, 248-50; and commercial
Luckman, T. see Berger, P. and T. burglary, 251 ; and victims, 265
Luckman Nachmais,D., 294
Nader,L., 312
MRA (Marriage Registration Area), 77n National Commission on Criminal Justice
McCabe, S. and F. Sutcliffe, 211 Standards and Goals, 293
McDermott, M. Joan, 146 National Crime Survey, see NCS
McDonald, W., 297 National Criminal1ustice Information
McIntyre,J., 10 and Statistical Service, see NCJISS
McKnight, D., 298 National District Attorneys Association,
MacLeod, Linda, 261n 223
Maguire, Mike, 210-12,214,220 National Opinion Polls (National Opinion
Maitland, Frederic William, 204 Research Center), 33, 170
Mangione, T. W.,seeFowler, F. J.,Jrand National Organization for Victim
T. W. Mangione Assistance, 265, 268-9
Manning, Peter, 261n National Research Council, 98
Mansfield, Lord, 203 Neter, John, and Joseph Waksberg, 91,
Mawby,R., 211 93
Index 327
Netherlands, the, crime statistics in, 57, rape, victims of, 211-16; see also Rape
157-8,247; victimization surveys in, Crisis Centres; sexual assault
117,125,129, 164; housing in, 160 Rape Crisis Centres, 223,266,274,300
New Jersey, 295-6,304 Reiman, J., 301-2,305,307-8,310--11
New York, 294-6,304 Reiss, AlbertJ., Jr, on crime statistics,
New Zealand, 266' 53-76,246-59; on telescoping, 93-4; on
Newark, 169 victimization surveys, 96, 99, 109-10,
Newfoundland, 46 248-9,251,256; and prosecution
Nordic Council, the, 241 policies, 297; see also Biderman, Albert
Norway, 26,241 D. and Albert J. Reiss, Jr; Black,
DonaldJ. andAlbertJ. Reiss, Jr
Restigouche, 272-3
Oberg, S., and E. Pence, 292 Rich, R., 269-7,300,302,307
offenders, criminal process and, 2; Rich,R.,andS.Salasin, 11
ostracization of, 8; studies of, 146-71; Riger,S., 176
and restitution, 291-2, 298 risk, exposure to, 139-40; perceptions
Ogg,D., 36 of, 171-7
Okihtro, N.,see Waller, Irvin and N. Rock, Paul, and victim-aid
Okihiro organizations, 3; and victim
Olaussen,L.P.,27 stigmatization, 7; on society and the
Ontario, 266,275-6,287 victim, 31-47; and victim movements,
opportunity theory, 183-4 261-88
O'Sullivan, E., 300 Rogers, Theresa F., 98-9
Otis, D. L., etal, 67 Roncek,DennisW., 144-5
Ottawa, 46,271,274-5,279-80,283, Roper, 33
286-7 Rosenbaum, D. R.,seeBaumer, T. L.,
Owens III, Maurice E. B.,see Penick, andD. R. Rosenbaum
Bettye E. K. Eidson and Maurice E. B. Rosenstock, Irwin, 182
Owens III Royal Candian Mounted Police, 272
Royal Commission on Criminal
Pence, E., see Oberg, S. and E. Pence Procedure (1981), 211
Penick, Bettye E. K. Eidson and Maurice Ryan, W., 307
E. B. OwnesIII, 58,118
Piven, F., and R. Cloward, 307 Sachsenhausen, 26
Plato, 198 St. Thomas Aquinas, 199
Plowman, G. 34 Salasin, S., see R. Rich and S. Salasin
police agencies, 57,59-65,68-9, Salem, G., see Lewis, D. A. and G. Salem
76n-77n, 81, 92, 94; see also Royal Sampson, Robert J., and Thomas C.
Canadian Mounted Police Castellano, 145
Pollock, Sir Frederick, 204 San Diego, 144
Pollock, K. H., 67 San Francisco, 107
polls, public opinion, 169, 174-5; see also San Jose, 83,85-6,89,103,106,108-9
Gallup Poll; Harris Poll; National Schafft, Anglika, 17n
Opinion Poll Schattschneider, E., 308
Portland, 93-4 Scheurman, Leo, see Kobrin, Solomon
public opinion, 33-5 and Leo Scheurman
Schneider, Anne L., 93-4,96, 108
Schneider, A. and P. Schneider, 293,
Quarterly Household Survey (US Census 297-9
Bureau), 89,92,105 Schneider, C., see Chesney, S. and C.
Quebec, 46 Schneider
Quinney, R., 301,305, 307; see also Scheider, P., see Schneider, A. and P.
Clinard, M. and R. Quinney Schneider
328 Index