Status of Crime Victims in Bangladesh

Though a few provisions for the victim of crimes were indirectly recognized since the nineteenth century, from 2000 onwards, legal entitlements for crime victims are realized in Bangladesh with a specific focus on women and children. So far, few analyses are found to be performed mainly by the legal experts, emphasizing legal rights and remedies with recommendations for legal reform. However, studies on the status of victims’ rights seem to be incomplete without considering administrative as well as social reality—dominated by colonial legacy and traditional practices—beyond the written clauses in the law books. This study is one of the pioneering attempts in Bangladesh to understand the status of crime victims against the backdrop of recent legal changes and to examine the argument whether the legal provisions itself are enough in providing victims with intended benefits without simultaneous social and administrative changes. Within the theoretical framework of balancing victim’s rights and informal social control (victim blaming), this qualitative study (through content analysis) reviewed all criminal laws and research findings related to victim’s rights within a socio-legal approach in terms of victim’s access, participation, protection, services and compensation. Along with the rights legally granted to victims, available research findings were interpreted in connection to those particular rights. It is found that there are unsupportive social milieu, administrative subculture and political practices, where victims of crime are strongly restrained from enjoying their rights. Particularly, the status of crime victims is found to be undermined in the face of corruption, low public confidence on enforcing agencies, gross withdrawal or discharge of criminal cases on political grounds, limited geographical coverage of victim support services and shelter homes, lengthy process for compensation and unavailability of rules or guidelines to enforce the rights.

Imposition of Restitution

Chapter 4 describes seven multimethod studies that look at the imposition of restitution from the state, multi-county, and single-county perspectives and that examine both legally relevant factors (e.g., offense type, prior record) and demographic factors (race, age, gender) in judges’ decisions. Across studies, restitution was more likely to be imposed when damages could be easily estimated and proved (e.g., property crimes) and when the victim was a business. A statewide analysis of sentencing decisions indicated that a law mandating restitution significantly increased the imposition of restitution. A subsequent survey study of judges, prosecutors, and probation officers indicated general support for restitution, and an analysis of statewide county-level sentencing data indicated that contextual factors relating to crime victims were also related to the imposition of restitution. Comparisons of counties with and without specialized collection units suggested that specialized collections units were less effective at collecting economic sanctions.

Some Determinants of Crime Reporting Among Economic and Financial Crime Victims: The Case of Azerbaijan

Relatively limited attention has been paid by scholars to explore the crime reporting behavior of white-collar crime victims, especially in developing countries, such as Azerbaijan, where some forms of white-collar crimes are widespread. Using the dataset of the first nationwide victimization survey (n = 1,214) in Azerbaijan, the current paper attempts to explore the determinants of crime reporting among 4 specific white-collar offense (fraud, request for bribery, sale of unsafe good and sale of unsafe food for consumption) among randomly selected, yet unrepresentative subsample of victims (n = 186). Offenses were categorized in two groups for analysis—financial/economic offenses and non-financial/economic offenses, hence two models in a binary logistic regression analysis. The results indicate that the extent of financial loss predicts the crime reporting behavior for victims of financial offenses. Those with a higher level of the perceived probability of being victimized by a violent crime were more likely to have notified the authorities of their victimization. Applicable for non-financial crimes only, the level of income has an inverse association with a decision to invoke the law. The relationship of a victim to an offender predicted a decision to contact the authorities—cases in which the offender was identified as a stranger were less likely to be reported to the law enforcement authorities than cases in which the offender had not been identified. No socio-demographic variable has a predictive capacity for either crime category. In addition, as the main motives for not mobilizing the law, almost half of the cases have been resolved in between the offender and victims, such as through compensation. The findings have several theoretical implications for white-collar crime literature. Suggestions for further research, as well as the limitations, are discussed toward the end of the paper.

Identification Performance During Quarantine by COVID-19 Pandemic: Influence of Emotional Variables and Sleep Quality

The COVID-19 pandemic has caused major disruptions in people’s lives around the globe. Sleep habits and emotional balance have been disturbed in a way that could be comparable to the havoc caused by a deep personal crisis or a traumatic experience. This unfortunate situation provides a unique context in which to study the impact of these imbalances on cognitive processes. In particular, the field of eyewitness science could benefit from these conditions, since they are also often present in crime victims, but can only be generated in the laboratory up to a certain ethical and practical limit. For several decades, eyewitness studies have tried to discover what variables affect people’s ability to properly recognize faces. However, the disparity of experimental designs and the limitations of laboratory work could be contributing to the lack of consensus around several factors, such as sleep, anxiety, and depression. Therefore, the possibility of observing the influence of these agents in natural contexts could shed light on this discussion. Here, we perform simple and repeated lineups with witnesses of mock-crime, considering the conditions related to the COVID-19 pandemic, which to some extent allow emulating the deterioration in general well-being that often afflicts crime victims. For this, 72 participants completed symptomatology scales, and watched a video portraying a staged violent episode. Subsequently, they gave testimony and participated in two lineups, in which we manipulated the presence/absence of the perpetrator, to recreate critical scenarios for the appearance of false recognitions. We found an increase in recognition errors in those individuals who did not have access to the perpetrator during the Initial lineup. Additionally, the conditions of the pandemic appear to have adversely affected the ability to witness and accurately perform lineups. These results reaffirm the need to move toward the standardization of research practices and methods for assessing testimonial evidence, especially in relation to the results of the lineups. Considering the degree of fallibility of these processes can lead to a reduction of wrongful convictions.

VICTIM-IMPACT STATEMENTS AT THE SENTENCING STAGE: GIVING CRIME VICTIMS A VOICE

The principle of proportionality seeks to limit, as far as possible, arbitrary punishment, and to achieve a balance by requiring courts to consider the sometimes competing interests of the state and the accused person. These competing interests have a missing link – the interests of the crime victim. Unless all relevant information is placed before court, including that of crime victims, the court will not arrive at a just punishment. There can be justice only when the interests of not only the offender and the state, but of the victim as well, are considered and balanced against one another. The introduction of victim-impact statements is one of the means by which the said balance may be achieved. Some of the established democracies have recognized the value of introducing victim-impact statements before the sentencing of offenders: South Africa might do well to follow in their footsteps. I believe that the use of thesestatements at appropriate stages of the trial would contribute to positive public perceptions about our criminal-justice system, and promote victim satisfaction with the criminal justice which is perceived by some to be heavily biased in favour of accused persons.This paper seeks to highlight the plight of the crime victim within South Africa’s criminal-justice system, and to add a voice to calls for the introduction of victim-impact statements during the sentencing stage in a criminal trial.

Are Asian Victims Less Likely to Report Hate Crime Victimization to the Police? Implications for Research and Policy in the Wake of the COVID-19 Pandemic

Anti-Asian hate crimes have increased during the COVID-19 pandemic. Yet, no research has considered whether crime reporting patterns are different among Asian hate crime victims, relative to other victims. Following this, this research presents an examination of differences in reporting victimization to the police between Asian and non-Asian victims using information from 997 respondents who experienced a hate crime in the first 1 to 2 months of the pandemic. Results indicate that Asian victims are significantly and substantially less likely to report victimization to the police than other victims. Taken together, these results suggest that current estimates of increases in anti-Asian hate crime based on official crime statistics—although high—may actually be an under-estimation of the true extent of the problem.