Richardson v Oracle more than half a decade on: Did the ‘ground break’ for victim compensation?

In 2014, the decision in Richardson v Oracle significantly increased compensation awards for victims of discrimination and sexual harassment. Commentators referred to the decision as ‘ground-breaking’ and hypothesised that the floodgates would open for sexual harassment and discrimination cases. This article reviews these claims seven years on and asks: did the floodgates open? Case law review and analysis concludes that, while the ground did not break open for victims of discrimination and sexual harassment, it has certainly cracked – although unevenly. As such, more is required to create truly just outcomes for victims in discrimination law.

Posttraumatische Belastungsstörung in ICD 10, ICD 11 und DSM 5: Welche Bedeutung haben unterschiedlichen Kriterien für Diagnostik und gutachtliche Praxis

Die diagnostischen Kriterien der PTBS unterschieden sich in den Manualen der ICD-10, ICD-11 und DSM 5. Die wesentlichen diagnostischen Kriterien werden dargestellt. Wesentlich für die Diagnose ist der in einem strukturierten Interview erhobene psychopathologische Befund. An Hand von drei Kasuistiken wird die gutachtliche Bewertung im Strafrecht, in der Unfallversicherung und im Opferentschädigungsgesetzt veranschaulicht. Summary The diagnostic criteria of PTSD differ in the ICD-10, ICD-11 and DSM 5 manuals. The main diagnostic criteria are presented. The psychopathological findings obtained in a structured interview are essential for the diagnosis. Three case studies are used to illustrate the expert assessment in criminal law, accident insurance and victim compensation law.

COVID-19—Related Assault on Asians: Economic Hardship in the United States and India Predicts Diminished Support for Victim Compensation and Assailant Punishment

Background: There has been an alarming increase in discrimination and violence towards Asians during the coronavirus (COVID-19) pandemic amid reports that the virus was first detected in China. In an incident involving a COVID-19-related physical assault, this study examined whether economic hardship experienced by participants during the pandemic and the race of the victim (Chinese, White) would influence support to compensate a victim and punish the assailant. The study also explored whether the perception that the victim experienced emotional and physical suffering due to the assault would mediate the relationships. Method: Participants in India and the United States reported on their own economic hardship due to the pandemic. They then read about an incident in which an innocent person suffered a COVID-19-related physical and verbal attack, and indicated if they would support punishing the assailant and financially compensating the victim. Results: When the victim was Chinese, participants experiencing a high degree of COVID-19 economic hardship were less likely to support financially compensating the victim or punishing the assailant compared to when the victim was White. Furthermore, when the victim was Chinese, the negative associations between economic hardship and financially compensating the victim and punishing the assailant were mediated by reduced recognition that the victim suffered emotional trauma and pain as a result of the attack. Conclusions: COVID-19-driven economic hardship experienced by participants predicted an array of reactions that reflected reduced recognition of the civil and human rights of a victim of a COVID-19-related assault. These findings have significant implications for mental health, public health, and the justice system, and underscore the pressing need for prompt action to mitigate economic hardship and to address racism and discrimination.

No Compassion for Muslims? How Journalistic News Coverage of Terrorist Crimes Influences Emotional Reactions and Policy Support Depending on the Victim’s Religion

Islamist terrorist attacks have become a salient threat to Western countries, and news coverage about such crimes is a key predictor of public emotional reactions and policy support. We examine the effects of two key characteristics of terrorism news coverage: (1) the victim’s religion and (2) first-person narratives that facilitate perspective taking. A quota-based experiment ( N = 354) revealed that irrespective of the narrative type, news reports that mention the victims’ Muslim religion induce less anger and compassion, but more joy among non-Muslim news consumers. However, fear was equally induced by all news articles. As a consequence, fear, anger, and joy predicted support for more restrictive terrorism policies, while anger and compassion were related to more support for victim compensation.

Restitution without Restoration? Exploring the Gap between the Perception and Implementation of Restitution

Restitution as a social practice can simultaneously have a punitive effect and add to a person’s criminal justice debt load, while maintaining a reparative and therefore restorative component. We use principles of restorative justice to assess restitution as a concept and a practice, drawing on data from a survey experiment administered to a nationally representative sample ( n = 433). We find that the common and strongly preferred conception of restitution is “direct,” entailing a convicted person compensating a victim for quantifiable loss. Evidence from Victim Compensation Funds (VCFs) in all 50 states demonstrate the widespread use of “indirect” restitution, through which funds from various sources are distributed to qualifying victims. Broader trends in criminal justice policy related to the centering of the victim and a managerial approach to punishment help explain our findings. We conclude that the divergence between common conception and widespread practice indicates a need for a revised notion of restitution.

De publieke waardering van het strafrechtsysteem : Een studie naar de rol van emotie- en oriëntatiedisposities

An evaluation of the criminal justice system: The role of emotion and orientation dispositionsThe current research aims to investigate the relation between different dispositions and the evaluation of the criminal justice system. Using a sample of 682 members of the LISS panel, consisting of a representative cross-section of the Dutch population, we looked at the role of the emotion dispositions empathy, anger and worry/anxiety, and the orientation dispositions retributive orientation, and the belief in a just world. The evaluation of the criminal justice system consisted of questions aimed at the criminal justice system in general, and punitiveness and victim compensation specifically. Especially the orientation dispositions played a role in the evaluation of the criminal justice system. The results are discussed in the context of the legitimacy of the criminal justice system.

US law enforcement’s role in victim compensation dissemination

Victim compensation programs seek to alleviate adverse effects of victimization and repay victim losses. A few studies have concluded that US compensation programs are under-utilized because victims are unaware of such programs and police officers overlook sharing the information. The present study sought to further explore this issue from the perspective of state compensation directors and police executives. Survey respondents were asked their opinions about police officers’ basic knowledge of victims’ compensation programs, reasons for under-utilization of the programs, and the most effective ways to inform victims of their right to compensation. Surveys were administered to 38 state compensation directors and 23 law enforcement executives from across the US. Survey results confirmed the belief that many eligible victims are not receiving compensation and that better training of patrol officers on compensation eligibility and benefits was needed. However, just one in 10 of the state directors implicated police failure to notify victims as a major reason for victims not filing claims. The consensus of both police administrators and state compensation directors was that, while patrol officers should be tasked with providing basic notification of compensation availability, it is important that victim advocates and police detectives follow up with more detailed information in the days following victimization. Policy implications and future directions for research are discussed in light of the findings.