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Crim 3 - Human Behavior and Victimology
Crim 3 - Human Behavior and Victimology
INTRODUCTION
The physiological adaptations that made humans more flexible than other primates
allowed for the development of a wide range of abilities and an unpararelled versatility in
behavior. The brain's great size, complexity, and slow maturation, with neural connections
being added through at least the first twelve years of life, meant that learned behavior could
largely modify stereotyped, instinctive responses. new environmental demands could be met
by rapid adjustments rather than by slow genetic selection, thus survival in a wide range of
habitats and under extreme conditions eventually became possible without further species
differentiation. each new infant, however, with relatively few innate traits yet with as vast a
number of potential behaviors, must be taught to achieve its biological potentials as a
human.
All human beings are more or less alike with each other in physical equipment. They
vary considerably though in such factors as size, strength, color of skin, facial characteristics
and intelligence. How can we seem to be alike, and yet so different from each other? This is
a question that must be answered before any attempt is made to understand the bases of
human behavior. In the continuous process of growing up, adolescents attempt to satisfy
their own needs as well as those of society, but they came face to face with frustrations and
conflicts. Sometimes they succeed in solving these conflicts; those who fail may suffer from
maladjustments or behavior disorders. Conflicts include frustration, thwarting, tension or
humiliation.
Human behavior, the potential and expressed capacity for physical, mental, and
social activity during the phases of human life.
Humans, like other animal species, have a typical life course that consists of
successive phases of growth, each of which is characterized by a distinct set of physical,
physiological, and behavioral features. These phases are prenatal
life, infancy, childhood, adolescence, and adulthood (including old age). Human
development, or developmental psychology, is a field of study that attempts to describe and
explain the changes in human cognitive, emotional, and behavioral capabilities and
functioning over the entire life span, from the fetus to old age.
Most scientific research on human development has concentrated on the period from
birth through early adolescence, owing to both the rapidity and magnitude of the
psychological changes observed during those phases and to the fact that they culminate in
the optimum mental functioning of early adulthood. A primary motivation of many
investigators in the field has been to determine how the culminating mental abilities of
adulthood were reached during the preceding phases.
refers to the influences that govern the initiation, direction, intensity, and
persistence of behavior
it is the hypothetical concept that stands for the underlying force impelling
behavior and giving its direction (Kahayon, 1975)
Drive and motivation are covered in the world of psychology for they energize behavior and
give direction to man’s action.
Classification of Needs
Conflict
- refers to the simultaneous arousal of two or more incompatible motives resulting to
unpleasant emotions. It is a source of frustration because it is a threat to normal
behavior
Types of conflicts
1. Double approach conflict – a person is motivated to engage in two desirable activities
that cannot be pursued simultaneously.
2. Double avoidance conflict – a person faces two undesirable situations in which the
avoidance of one is the exposure to the other resulting to an intense emotion.
3. Approach-avoidance conflict – a person faces situation having both a desirable and
undesirable feature. It is sometimes called “dilemma”, because some negative and positive
features must be accepted regardless which course of action is chosen.
4. Multiple approach-avoidance conflict – a situation in which a choice must be made
between two or more alternatives each has both positive and negative features. It is the
most difficult to resolve because the features of each portion are often difficult to compare.
Anxiety
- is an intangible feeling that seems to evade any effort to resolve it.
- also called neurotic fear
- could be intense, low, and can be a motivating force
Stress
- is the process of adjusting to or dealing with circumstances that disrupts, or threatens
to disrupt a person’s physical or psychological functioning ( Bernstein, et al, 1991)
Common Sense
- is a commonly health notion where truth is not dependent on judgment which is
based purely on observation, thus it lacks the organization of thoughts and jumps to
conclusion immediately.
SECTION 3: PERSONALITY
WHAT IS PERSONALITY?
The word personality itself stems from the Latin word persona, which refers to a
theatrical mask worn by performers in order to either project different roles or disguise their
identities.
At its most basic, personality is the characteristic patterns of thoughts, feelings, and
behaviors that make a person unique. It is believed that personality arises from within the
individual and remains fairly consistent throughout life.
While there are many different definitions of personality, most focus on the pattern of
behaviors and characteristics that can help predict and explain a person's behavior.
Explanations for personality can focus on a variety of influences, ranging from
genetic explanations for personality traits to the role of the environment and experience in
shaping an individual's personality.
CHARACTERISTICS OF PERSONALITY
So, what exactly makes up a personality? Traits and patterns of thought
and emotion play important roles as well as the following fundamental characteristics of
personality:
Type Theories
Type theories are the early perspectives on personality. These theories suggested
that there are a limited number of "personality types" that are related to biological influences,
including:
Type A: perfectionist, impatient, competitive, work-obsessed, achievement-oriented,
aggressive, stressed
Type B: low stress, even-tempered, flexible, creative, adaptable to change, patient,
tendency to procrastinate
Type C: highly conscientious, perfectionists, struggle to reveal emotions (positive and
negative)
Type D: feelings of worry, sadness, irritability, pessimistic outlook, negative self-talk,
avoidance of social situations, lack of self-confidence, fear of rejection, appearing gloomy,
hopelessness
Trait Theories
Trait theories tend to view personality as the result of internal characteristics that are
genetically based and include:
Behavioral Theories
Behavioral theories suggest that personality is a result of interaction between the
individual and the environment. Behavioral theorists study observable and measurable
behaviors, often ignoring the role of internal thoughts and feelings. Behavioral theorists
include B.F. Skinner and John B. Watson.
Humanist
Humanist theories emphasize the importance of free will and individual experience in
developing a personality. Humanist theorists include Carl Rogers and Abraham Maslow.
APPLICATIONS IN PSYCHOLOGY
Research on personality can yield fascinating insights into how personality develops
and changes over the course of a lifetime. This research can also have important practical
applications in the real world.
For example, personality assessments are often used to help people learn more
about themselves and their unique strengths, weaknesses, and preferences. Some
assessments might look at how people rank on specific traits, such as whether they are high
in extroversion, conscientiousness, or openness.
Other assessments might measure how specific aspects of personality change over
the course of development. Such personality assessments can also be used to help people
determine what careers they might enjoy, how well they might perform in certain job roles, or
how effective a form of psychotherapy has been.
Personality type can also have a connection to your health, including how often you
visit the doctor and how you cope with stress. Researchers have found that certain
personality characteristics may be linked to illness and health behaviors.
Psychoticism
- Characterized by cold cruelty, social insensitivity, disregard for danger, troublesome
behavior, dislike of others, and an attraction towards the unusual.
- Individual’s high on psychoticism tends to be impulsive, aggressive individual with
appreciable conscience or concern for others. Hypothesized to be the link in crimes
of violence, and appears to be equally important across all stages of development
from childhood through adolescence, to adulthood.
SECTION 4: CRIMINAL BEHAVIOR
Criminal behavior is not, itself, indicative of mental illness. If it were, perhaps it could
be treated medically. However, some criminals are motivated to engage in illegal and
antisocial behavior by underlying psychiatric conditions, especially those conditions that
manifest themselves in symptoms such as lack of impulse control and lack of inhibition,
hallucinations and delusions, paranoia, hyper-activity, and inability to concentrate or
possession of impaired communication skills.
Persons suffering from personality disorders, schizophrenia, bipolar affective
disorder, aggression, depression, adjustment disorders, and sexual disorders such as
paraphilias are prone to criminal behavior, according to “Psychiatric Illness Associated with
Criminality,” by William H. Wilson, MD, and Kathleen A. Trott, MD
(www.emedicine.com/med/topic3485.htm). Illegal conduct can also stem from drug- or
alcohol-induced psychosis or conditions caused by traumatic brain injury.
It might be easier for such persons to hide their mental illness in the online
community, where they don't have to come into physical contact with others, than in the
offline world. Cybercrime that is motivated by psychiatric illness can be difficult to investigate
and solve, precisely because the criminal's motivations don't seem logical or rational. We
can understand why a money-motivated offender commits crimes, even though we don't
approve of the behavior. However, we might not be able to easily understand the actions of
a mentally ill person.
1.2 Somatoform disorders – complaints of bodily symptoms that suggest the presence of
physical problem but no organic basis can be found.
Characteristics:
1. free expression of personality
2. adequate security feelings
3. efficient contact with reality
4. adaptability to group norms
5. emotional maturity
6. adequate self-knowledge
7. Integrated and consistent personality
b. Hallucination
– an erroneous perception without an external object of stimulus.
2. Memory Disorders
a. Dementia
– a form of mental disorder resulting from the degeneration or disorder of the brain
characterized by general mental weakness, forgetfulness, loss of coherence etc.
b. Amnesia
– loss of memory
Obsession
– thoughts and impulses which continually occur in the person’s mind despite attempts
to keep them out.
2. Imbecile
- maybe able to speak but with poor command of language
- can be easily aroused to passion and may show purposeful behavior
- may be trained to do simple work under supervision
- mentality may be compared to a normal child from 3 to 7 years old
- IQ is 21-40
3. Feeble -minded
- although mental defect is not as severe as imbecile, he needs care, supervision, and
control for his protection and for the protection of others.
- incapable of receiving benefits from instruction in ordinary school
- lacks initiative and ability for any work or responsibility
- mentality is similar to a normal child between 8- 12 years old
- IQ is 41-70
4. Moron
- also considered a feeble minded person although he is of considerably higher
intelligence than imbecile
- intellectual faculties and judgment are not as well developed as in normal individual
- can perform routine tasks in civilized society as long as the demands made upon his
mental capacity are not too discretionary
- amenable to the customs of the community and may not present so much of a social
problem
5. Morally Defective
- in addition to the mental defect, there are strong vicious and criminal propensities
- requires care, supervision and control for the protection of others
- he is devoid of a moral sense and often shows intellectual deficiency though may be
mentally alert
- careless, pleasure-loving, and a devil may care sort
2. Severe
- IQ is between 20 and 35
- capable of habit training as a child
- in need of controlled environment
3. Moderate
- IQ is 36-51
- can develop academic skills equal to about the second grade level
- as an adult, he will need a sheltered environment
4. Mild
- IQ is 56 to 67 and constitutes the largest group of mentally retarded
- can develop academic skills about the sixth grade level
- a as an adult he can develop social and vocational skills
5. Borderline Retardation
- not part of the original standard classification
- IQ is 68-83
2. Semisomnolence or Somnolence
- half asleep or in a condition between sleep and being awake
- may suddenly be aroused and may unconsciously commit a criminal act while in this
state of confusion
3. Hypnotism or Mesmerism
- a person is made unconscious by the suggestive influence by a hypnotist
- may commit a criminal act while under hypnotism, which he may not be otherwise
capable of doing
4. Delirium
- a state of confusion of the mind, characterized by by incoherent speech,
hallucination, delusions, illusions, restlessness, and apparently purposeless motions
- may commit crime under a state of delirium
SECTION 7: VICTIMOLOGY: DEFINITION AND HISTORY
CHAPTER 1
VICTIMOLOGY
DEFINITION
Victimology may be defined as a branch of the study of criminology which deals with
the study of an individual who somehow, one way or the other, has contributed in the
commission of a crime or offense making himself a party in crime and at the same time a
crime victim of his own volition.
HISTORY OF VICTIMOLOGY
Victimology first emerged in the 1940s and ’50s, when several criminologists
(notably Hans Von Hentig, Benjamin Mendelsohn, and Henri Ellenberger) examined victim-
offender interactions and stressed reciprocal influences and role reversals. These pioneers
raised the possibility that certain individuals who suffered wounds and losses might share
some degree of responsibility with the lawbreakers for their own misfortunes. For example,
the carelessness of some motorists made the tasks of thieves easier; reckless behavior on
the part of intoxicated customers in a bar often attracted the attention of robbers; and
provocation by some brawlers caused confrontations to escalate to the point that the
instigator was injured or even killed. More controversially, women were sometimes said to
bear some responsibility for misunderstandings that evolved into sexual assaults. By
systematically investigating the actions of victims, costly mistakes could be identified and
risk-reduction strategies could be discerned. Furthermore, those who stress the culpability of
injured parties for their victimization, such as defense attorneys, tended to argue in favor
of mitigating the punishment of offenders.
Victimologists have evaluated the numerous projects initiated since the early 1970s
by advocacy and self-help groups (e.g., battered women’s shelters and rape-crisis centers)
and the legislation that has enabled victims to have greater input into the decision-making
process that resolves their cases (e.g., over such matters as sentencing and parole). The
field also explores the social reaction to the plight of victims by the media, by businesses
marketing protective products and services, and by political groups urging ostensibly “pro-
victim” reforms and legislation. In addition, victimologists study the impulse toward
vigilantism in retaliation for past wrongs as well as the opposite tendency—that is, a
willingness to accept restitution as a prerequisite for mutual reconciliation—which is the
foundation of the alternative paradigm of restorative justice. Restorative justice relies upon
mediation, negotiation, dialogue, and compromise to build a consensus within
a community that the wrongdoer must accept responsibility for actions taken and make
genuine efforts to assist injured parties and repair any damage to harmonious relations.
Victimologists often collect their own data, but they also analyze the detailed
information provided by government agencies that collect official crime statistics based either
on incidents reported to police departments (such as the Federal Bureau of
Investigation’s annual Uniform Crime Reports) or on incidents disclosed to survey
interviewers by respondents who are part of a large representative sample of a cross-section
of the public (such as the Bureau of Justice Statistics’ National Crime Victimization Survey).
It was not until 1660 that the word victim was first used to in the sense of a person
who is hurt, tortured or killed by another. A victim of crime did not exist until well into the 17th
century. Why were victims ignored for so long? A victim is an integral part of the system, in
fact, some say without a victim there would be no need for the CJ system. Victims are the
people or communities that suffer physical, emotional, or financial harm as a result of a
crime. Over the years different typologies of victims have been created to demonstrate the
unique role or position of victims in relation to crime. Typically, when people hear someone
has been a victim of a crime we often think of them as completely innocent. In fact, a lot of
new legislation and policy changes created to provide the victim with a greater role in the CJ
offers the stereotypical view of the victim as completely innocent.
Theorists have developed victim typologies that are concerned primarily with the
situational and personal characteristics of victims and the relationship between victims and
offenders. Benjamin Mendelsohn was one of the first criminologists to create a victim
typology, in the 1950s, but was not without controversy. Below is a table of Mendelsohn’s
typology of crime victims and as you can see he placed a lot of emphasis on most victims
attitude that leads to their victimization.
Other criminologists developed similar typologies but included other elements. For
example, Hans Von Hentig expanded his typology from situational factors that Mendelsohn
looked at and considered the role of biological, sociological and psychological factors. For
example, Von Hentig said the young, elderly, and women are more susceptible to
victimization because of things such as physical vulnerabilities. It is important to recognize
that some crimes, and ultimately crime victims, are excluded in these typologies such as
white-collar and corporate crime.
Von Hentig’s Typology
Introduction
Robert Reiff once said, the problems of crime always get reduced to “What can be done
about criminals?” Nobody asks, “What can be done about victims?
The consequences of crime vary from one individual to another. Crime can involve
financial loss, property damage, physical injury, and death. Less obvious but sometimes
more devastating are the psychological wounds left in the wake of victimization, wounds that
may never heal.
Victimology or the study of victimization, is a filed of scientific endeavor that took off
as a separate discipline round 1970 (Drapkin, Viano, 1970). Before that, victimology was,
interalia, pioneered by the German criminologist Von Hentig and criminal law scholar
Benjamin Mendelson.
The most important political criticism leveled against the type of victimology is that it
provides arguments for blaming victims for their fate. From a historical perspective, it
cannot be denied that Mendelson in his early publications draw the attention to the
victim’s involvement and shift part of the blame upon the victim.
Researchers who studied the role played by the victim in the dynamics resulting in
the crime as well as in ensuing legal conflict will typically hold discriminate opinions
on the punishment of the offender.
For the pioneers in victimology, offenders and victims are equally deserving of
humanitarian concerns. Since concern for the offender does not conflict with concern
for the victim, there is every reason to preserve this tradition.
General Victimology
Like penal victimology, general victimology was also first explicitly described by
Mendelsohn.
Mendelsohn advocated a general study of what he now called “victimity”, with a view
of reducing it prevention and victim assistance.
The assistance for victims should be based on a specific personal, social and cultural
rehabilitation theory.
Mendelsohn’s interest no longer lay with crime and its prevention, but with the
prevention and alleviation of “Victimity” in a wide sense.
Study not only include victims of crime and abuse of power but should also include
victims of accidents, natural disasters and other acts of God.
The focus is on treatment and the prevention or alleviation of adverse consequences
The World Society of Victimology
The victim guiltier than the offender – this category was described as containing
persons who provoked the criminal or actively induced their own victimization.
The most guilty victim who is “guilty alone” – an attacker killed by a would-be
victim in the act of defending himself was placed into this category
The imaginary victim – those suffering from mental disorders, or those victimized
due to extreme mental abnormalities.
According to Lawrence Cohen and Marcus Felson, a crime can occur only if there is
someone who intends to commit a crime (likely offender), something or someone to
be victimized (suitable target), and no other person present to prevent or observe the
crime (absence of capable guardian)
Later revisions added a fourth element-no person to control the activities of the likely
offender (personal handler)
Lifestyle Theories
Propositions
1. The probability of suffering a personal victimization is directly related to the amount of
time that a person spends in public places (e.g. on the street, in parks,) and
particularly in public places at night.
5. The proportion of time that an individual spends among nonfamily members varies as
a function of lifestyle.
Marvin Wolfgang studied homicides in Philadelphia during the 1950s and found that
may of the victims had actually brought upon themselves the attack that led to their
murder. He coined the term “victim precipitation” to refer to situations where victims
initiate the confrontations that lead to their death.
Wolfgang estimated that as many as one quarter to one half of intentional homicides
are victim - precipitated.
Victim Precipitation
The first systematic study of victim involvement in crime was conducted in the late
1950s by Marvin Wolfgang. The term he introduced, "victim precipitation," became a popular
descriptor for all direct contact predatory crime (e.g., murder, assault, forcible rape, robbery).
When applied to homicide, victim precipitation is restricted to those cases in which "the
victim is the first in the homicide drama to resort to physical force against the subsequent
slayer" (Wolfgang 1958, p. 252; see also Wolfgang 1957). A similar definition is used in the
case of aggravated assault except that insinuating language or gestures might also be
considered provoking actions (Curtis 1974; Miethe 1985). Victim-precipitated robbery
involves cases in which the victim has 461 Robert F. Meier and Terance D. Miethe acted
without reasonable self-protection in the handling of money, jewelry, or other valuables
(Normandeau 1968; Curtis 1974), whereas this concept in forcible rape applies to "an
episode ending in forced sexual intercourse in which the victim first agreed to sexual
relations, or clearly invited them verbally or through gestures, but then retracted before the
act" (Amir 1967; Curtis 1974).
Under each of these definitions, there is an explicit time ordering of events in which
victims initiate some type of action that results in their subsequent victimization. Previous
studies using police reports suggest some level of victim involvement in a large proportion of
violent crimes. The extent of victim precipitation, however, varies widely by type of offense.
Estimates of victim precipitation range from 22 to 38 percent for homicide, 14 percent for
aggravated assault, between 4 and 19 percent for rape cases, and about 11 percent of
armed robberies are characterized by carelessness on the part of the victim (see, for review,
Curtis 1974). These figures are best considered low estimates of the rate of victim
involvement because of the fairly restrictive definition of victim precipitation for some crimes
(i.e., murder, assault) and the large number of cases with incomplete information. The
national survey of aggravated assaults reported by Curtis (1974), for example, had
insufficient data for determining the presence of victim precipitation in 51 percent of the
cases. Nonetheless, the importance of the notion of victim precipitation is clearly revealed in
many cases of homicide where who becomes labeled the victim and who the offender
(Wolfgang 1957) is a matter of chance or circumstance. There are several reasons why
previous research on victim precipitated crime was influential in the emergence of current
theories of victimization.
First, the prevalence of victim precipitation signified the importance of victims' actions
in explaining violent crime but also brought attention to the less direct ways by which citizens
contribute to their victimization. These less direct forms of victim involvement would include
such acts as getting involved in risky or vulnerable situations, not exercising good judgment
when in public places, leaving property unprotected, and interacting on a regular basis with
potential offenders.
Second, the notion of victim precipitation, by definition, attributes some responsibility
for crime to the actions of its victims. That victim precipitation researchers had to deal
directly with such an unpopular 462 Theories of Victimization public and political stance may
have made it easier for subsequent scholars to examine victim culpability and how the
routine activities and lifestyles of citizens provide opportunities for crime. Thus, current
theories of victimization may have benefited greatly from the prior work on victim
precipitation.
The implication of blame in victim-precipitation analyses has inhibited full
development of the concept. When Wolfgang's student Menachem Amir (1971) adopted the
concept in a study of forcible rape that parallels Wolfgang's research on homicide, it caused
a major political controversy. Amir, like Wolfgang, used official police reports in the city of
Philadelphia; he also used the subculture of violence as a unifying theoretical notion to
explain this crime. But Amir was not sufficiently sensitive to the differences between murder
and rape in using the idea of victim precipitation. While it is neither counterintuitive nor
politically contentious to acknowledge that murder victims sometimes strike the first blow or
otherwise provoke a violent response, it was politically aberrant to suggest that rape victims
were provocative, at least in the same sense. In suggesting the nature of victim precipitation
in rape, Amir reported that 20 percent of the victims had a prior record for some sort of
sexual misconduct (usually prostitution or juvenile intercourse) and another 20 percent had
"bad reputations." Wolfgang's research offered a promising idea to further explore the
relationship between offender and victim, but Amir's study blunted the promise by not
developing the idea beyond Wolfgang's pioneering work.
Actually, Amir was either too far ahead, or too far behind, his times. The 1970s were
politically charged in criminology as well as in society at large with much concern about
victim blaming and women's rights. Research on rape would shortly be done correctly only
by women. The idea that men had anything reasonably objective to say about rape was not
given much credence. Surely this overstates the matter, but there is no mistaking the fact
that there were very few male authors on rape, and Amir himself took an academic
assignment in Israel never really to publish on rape again. The concept of victim precipitation
remained comatose under the feminist assault never to resurface, even for homicide.
In fairness, the concept of victim precipitation was never really defined very well, and
Amir's application of the concept to include "bad reputation" was a serious mistake
scientifically. Such an indicator clearly smacked of subjectivity, and no validity checks were
made of 463 464 Robert F. Meier and Terance D. Miethe the Philadelphia Police
Department records in which this phrase appeared.
From this perspective, an individual's lifestyle is the critical factor that determines
risks of criminal victimization. Lifestyle is defined in this context as "routine daily activities,
both vocational activities (work, school, keeping house, etc.) and leisure activities"
(Hindelang, Gottfredson, and Garofalo 1978, p. 241). People's daily activities may naturally
bring them into contact with crime, or they merely increase the risk of crime that victims
experience. Time spent in one's home generally decreases victim risk, while time spent in
public settings increases risk.
Differences in lifestyles are socially determined by individuals' collective responses or
adaptations to various role expectations and structural constraints (see fig. 1). Both ascribed
and achieved status characteristics (e.g., age, gender, race, income, marital status,
education, occupation) are important correlates of predatory crime because these status
attributes carry with them shared expectations about appropriate behavior and structural
obstacles that both enable and constrain one's behavioral choices. Adherence to these
cultural and structural expectations leads to the establishment of routine activities patterns
and associations with others similarly situated. These lifestyles and associations, in turn, are
expected to enhance one's exposure to risky or vulnerable situations that increase
individuals' chances of victimization.
Routine Activity Theory
The routine activity perspective developed by Cohen and Felson (1979) has many
similarities with the lifestyle-exposure theory. Both emphasize how patterns of routine
activities or lifestyles in conventional society provide an opportunity structure for crime. Each
theory also downplays the importance of offender motivation and other aspects of criminality
in understanding individuals' risks of victimization and the social ecology of crime. These
theories are also representative of a wider "criminal opportunity" perspective because they
stress how the availability of criminal opportunities is determined, in large part, by the routine
activity patterns of everyday life (Cohen 1981; Cohen and Land 1987). The fundamental
differences between these theories are in terminology and in the fact that routine activity
theory was originally developed to account for changes in crime rates over time whereas
lifestyle-exposure theory was proposed to account for differences in victimization risks
across social groups. Over the past decade, however, each theory has been applied across
units of analysis and in both cross-sectional and longitudinal designs.
According to Cohen and Felson (1979, p. 589), structural changes in routine activity
patterns influence crime rates by affecting the convergence in time and space of three
elements of direct-contact predatory crimes: motivated offenders, suitable targets, and the
absence of capable guardians against a violation. As necessary elements, the lack of any of
these conditions is sufficient to prevent criminal activity. Furthermore, Cohen and Felson
(1979) note that increases in crime rates could occur without any increase in the structural
conditions that 470 Theories of Victimization motivate offenders to engage in crime as long
as there has been an increase in the supply of attractive and unguarded targets for
victimization. Their argument about how crime rates can increase even if offender motivation
remains constant is important because it allows them to account for the apparent
contradiction underlying most theories of criminality that crime rates continued to rise
throughout the 1960s and 1970s in the United States even though conditions that foster
criminality (e.g., unemployment, racial segregation, economic inequality) were decreasing.
From this perspective, routine activities are defined as "any recurrent and prevalent activities
that provide for basic population and individual needs" (Cohen and Felson 1979, p. 593).
Similar to the notion of lifestyle, these routine activities include formalized work,
leisure, and the ways by which humans acquire food, shelter, and other basic needs or
desires (e.g., companionship, sexual expression). Drawing from work in human ecology
(e.g., Hawley 1950), Cohen and Felson (1979) argue that humans are located in ecological
niches with a particular tempo, pace, and rhythm in which predatory crime is a way of
securing these basic needs or desires at the expense of others. Potential victims in this
environment are likely to alter their daily habits and take evasive actions that may persuade
offenders to seek alternative targets. It is under such predatory conditions that the routine
activities of potential victims are said both to enhance and to restrict the opportunities for
crime.
A person who was unjustly detained and released without being charged;
A person who is a victim of a violent crime which includes rape and offenses
committed with malice which resulted in death or serious physical and/or
psychological injuries, permanent incapacity or disability, insanity, abortion, serious
trauma, or committed with torture, cruelty or barbarity.
A claimant may file a claim with the board by filling up an application form provided
for the purpose with the Secretariat of the Board of Claims, Department of Justice, Padre
Faura Street, Ermita, Manila. Thereafter, he will be interviewed and he will be duly notified of
the action taken by the Board.
2. In all other cases the maximum for which the Board may approved a claim shall not
exceed TEN THOUSAND PESOS (P10,000.00) or the amount necessary to
reimburse the claimant the expenses incurred for hospitalization, medical treatment,
loss of wage, loss of support or other expenses directly related to the injury,
whichever is lower to be determined by the Board.
When is the effective date of R.A. 7309 for the purpose of processing of applications
for payment of claims?
"This Act shall take effect after its publication in two (2) newspapers of general
circulation."
R. A. No. 7309 was published on 13 April 1992 in the Philippine Star and Philippine
Daily Inquirer, hence, the effectivity day of R.A. No. 7309 is 14 April 1992.
The provisions of the Act shall be applied prospectively. All incidents or bases for
filing an application under Sec. 3 of R.A. 7309 must have happened on or after 14 April 1992
and within the period provided for in No. 4, to be covered by the law.
May the decision of the Board of Claims be appealed?
Yes, Section 8 provides that: "Any aggrieved claimant may appeal, within fifteen (15)
days from receipt of the resolution of the Board, to the Secretary of Justice whose decision
shall be final and executory."