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CC303 Victimology

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					Canadian Laws

   Corrections and Conditional Release
    Act (CCRA)
    – Governs Correction Services Canada
      (CSC) and National Parole Board (NPB)
   CCRA’s definition of a victim:

    Someone to whom harm was done or
    who suffered physical or emotional
    damage as the result of an offence
Publicly Available Information

   Type of offence and court
   Length of sentence and start of
    sentence
   Eligibility and review dates for parole
Information Available to
Victims
   Location of penitentiary
   Release date
   Hearing dates
   Conditions attached to parole/release
   Where offender is released to
   Whether offender is in custody
   Whether offender has appealed, and
    outcome of appeal
Victims’ Rights

   Victim Impact Statement
   Attendance at parole hearings
    – Victim’s Travel Fund
   May request that offender does not
    contact them
   Victim-offender mediation
   “November 21, 2000 was the darkest day our family has ever
    experience. Our lives, mine and the lives of my wife and three
    daughters were changed forever as we learned piece by piece what
    had happened to Patricia, our daughter, our children’s beloved sister.
    Every day we struggled to try to remember the beautiful and loving
    person she was…

   I know that love does not seek revenge. We do not want a life for a
    life. Love seeks healing, peace and wholeness. Hatred can never
    overcome hatred. Only love can overcome hatred and violence…

   Judge Goger, that is the reason we are not asking for the death
    penalty. I know that “Forgive us our trespasses as we forgive those
    who trespass against us” was not meant to be empty words. I don’t
    know if I have forgiven you, Ivan Christopher Simpson, for what you
    did. All I know is that I don’t hate you, but I hate with all my sould
    what you did to Patricia.”
Victim Impact Statement

   Emotional Impact
    – How has your life changed or the lives of those close to
      you?
    – What are some of the feelings you have been
      experiencing?
    – What are some of the reactions you have had to cope
      with? For example, trouble sleeping or eating, difficulty
      concentrating?
    – Has there been a change in how you feel about yourself
      since the crime?
    – Has there been a change in how you are able to relate to
      others like your friends, your parents or other family
      members?
    – Have you been talking to a doctor or a counsellor to get
      support or help you cope?
Victim Impact Statement

   Physical Impact
    – What are some of the physical injuries you or your family
      has suffered?
    – How long did the injuries take to heal or how long does
      the doctor say it will it take to heal the injury?
    – What medical treatment did you get or will you need in
      the future?
    – How have the injuries changed your lifestyle such as going
      to school, work or playing sports?
Victim Impact Statement

   Financial Impact
    – How the crime has affected you or your family's ability to
      work or the number of days you missed from work
      because of the crime.
    – If you have paid or owe money for bills because of the
      crime.
    – The cost of medical, dental, psychological treatment.
    – The costs of prescription medication or physiotherapy, etc
Canadian Statement of Basic
Principles of Justice for Victims of
Crime, 2003
1. Victims of crime should be treated with
   courtesy, compassion, and respect.
2. The privacy of victims should be
   considered and respected to the greatest
   extent possible.
3. All reasonable measures should be taken
   to minimize inconvenience to victims.
Canadian Statement of Basic
Principles of Justice for Victims of
Crime, 2003
4. The safety and security of victims should
   be considered at all stages of the criminal
   justice process and appropriate measures
   should be taken when necessary to
   protect victims from intimidation and
   retaliation.
5. Information should be provided to victims
   about the criminal justice system and the
   victim's role and opportunities to
   participate in criminal justice processes.
Canadian Statement of Basic
Principles of Justice for Victims of
Crime, 2003
6. Victims should be given information, in
   accordance with prevailing law, policies,
   and procedures, about the status of the
   investigation; the scheduling, progress
   and final outcome of the proceedings; and
   the status of the offender in the
   correctional system.
7. Information should be provided to victims
   about available victim assistance services,
   other programs and assistance available to
   them, and means of obtaining financial
   reparation.
Canadian Statement of Basic
Principles of Justice for Victims of
Crime, 2003
8. The views, concerns and representations
   of victims are an important consideration
   in criminal justice processes and should be
   considered in accordance with prevailing
   law, policies and procedures.
9. The needs, concerns and diversity of
   victims should be considered in the
   development and delivery of programs
   and services, and in related education and
   training.
Canadian Statement of Basic
Principles of Justice for Victims of
Crime, 2003
10. Information should be provided to victims
    about available options to raise their
    concerns when they believe that these
    principles have not been followed.
Canadians Against Violence Everywhere
Advocating its Termination (CAVEAT)

                 “CAVEAT wants a legal
                 system that shares
                 information and is
                 accountable for its decisions.
                 We seek justice, not revenge.
                 We assert that public
                 protection must be the
                 overriding goal of the justice
                 system and that the rights of
                 offenders should not be
                 greater than those of their
                 victims.”
PETITION TO THE HOUSE OF COMMONS
IN PARLIAMENT ASSEMBLED

   "We, the undersigned residents of Canada, in support of
    the parents of Nina de Villiers, draw the attention of the
    House to the following:
    "THAT the murder of Nina de Villiers on the ninth of
    August, 1991, has exposed serious deficiencies in the
    criminal justice system. There are many vulnerable
    persons who have little protection under the current
    system. Women, children and disabled persons are at
    particular risk;
    "THAT crimes of violence against the person are
    intolerable and constitute the most abhorrent crime
    society faces;
PETITION TO THE HOUSE OF COMMONS
IN PARLIAMENT ASSEMBLED

   "THAT current criminal law does not require bail
    hearings in crimes of violence to be presided over by
    Judges;
    "THAT current criminal law may require only a simple
    signature on a document, with no money actually
    posted, as surety for the release of accused perpetrators
    of crimes of violence;

   "THAT sentencing in crimes of violence does not
    appropriately reflect society's abhorrence of violence in
    order to act as a true deterrent, and to protect the
    public by removal of the offender from society;
PETITION TO THE HOUSE OF COMMONS
IN PARLIAMENT ASSEMBLED

   "THAT the risk to society posed by the early release of
    a violent offender appears to be of secondary
    consideration to the rights of the individual criminal;
    "THAT the statutes governing the criminal justice
    system in Canada must be revised to reflect societal
    attitudes.
    "THEREFORE, your petitioners request that Parliament
    recognize that crimes of violence against the person are
    serious and abhorrent to society and amend the Criminal
    Code of Canada, the Bail Reform Act of 1972 and the
    Parole Act accordingly.
Canadian Victim Advocacy Groups

   Victims of Violence

   Citizens United for Safety and Justice

   Victim Assistance Canada (VACAN)

   Canadian Resource Centre for Victims of Crime
    (CRCVC)

   Mothers Against Drunk Driving (MADD)

				
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posted:4/15/2011
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