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Victims in the war on crime : the use and abuse of victims' rights /
Markus Dirk Dubber.
imprint
New York : New York University Press, c2002.
description
xii, 399 pages ; 24 cm.
ISBN
0814719287, 9780814719282
format(s)
Book
Holdings
More Details
series title
series title
imprint
New York : New York University Press, c2002.
isbn
0814719287
9780814719282
contents note
I. The War on Victimless Crime -- 1. Waging the War on Crime -- 2. Policing Possession -- 3. State Nuisance Control -- II. Vindicating Victims' Rights -- 4. The Legitimate Core of Victims' Rights -- 5. Vindicating Victims -- 6. The Law of Victim -- and Offenderhood.
abstract
Publisher's description: Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons. Victims in the War on Crime is the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging revision that takes victims seriously, and offenders as well. Dubber here salvages the project of vindicating victims' rights for its own sake, rather than as a weapon in the war against criminals. Uncovering the legitimate core of the victims' rights movement from underneath existing layers of bellicose rhetoric, he demonstrates how victims' rights can help us build a system of American criminal justice after the frenzy of the war on crime has died down.
catalogue key
4701186
 
Includes bibliographical references (pages 343-388) and index.
A Look Inside
Full Text Reviews
Appeared in Choice on 2003-03-01:
Dubber (law, State Univ. of New York, Buffalo) has written a long overdue and groundbreaking analysis of the use and abuse of victims' rights to further the aims of a police state. Well written, albeit often using cutting satire that may pass over the heads of those who would most benefit from the extensive legal documentation and insightful commentary in part 1, "The War on Victimless Crime," Dubber successfully critiques federal and state administrative (prosecutorial) misuse of the War on Crime, namely through possession and nuisance control offenses under the guise of convenience and flexibility and the consequent erosion of due process and other constitutional rights. Part 2, "Vindicating Victims' Rights," moves toward constructing a law of victimology but suffers from an incomplete review of victim restitution programs, in particular, restorative or peace-making approaches. Also, the victim data needs to be updated to include the recent research findings on American Indian victimization. ^BSumming Up: Highly recommended. All public and university libraries, upper-division undergraduate and above. K. Baird-Olson California State University--Northridge
Reviews
Review Quotes
"Dee Graham clearly illuminates the connections between Stockholm Syndrome, the production of feminine behaviors, and the entire concept of heterosexuality. Her conclusions are frightening, breathtaking, and extremely provocative. This book is compelling reading for any feminist intellectual or activist, any female victim of violence who is searching for meaning in her own behavior, and all workers in the area of violence against women." - Marjorie Whittaker Leidig, former Clinical Director, Battered Women's Research Center, Denver, CO
"Dubber gives some powerful examples of how the law has developed haphazardly in response to individual victims' experiences."
"Dubber gives some powerful examples of how the law has developed haphazardly in response to individual victims' experiences." - The Howard Journal of Criminal Justice
"Dubber gives some powerful examples of how the law has developed haphazardly in response to individual victims' experiences." -The Howard Journal of Criminal Justice
"Dubber pulls off quite an intellectual feat. First, he offers a ruthless expose on the so-called Victim's Rights movement. Then he shows how the War on Crime, in which victims are enlisted, has little to do with real human victims in the first place. Where, he asks, are the victims in the vast array of possession offenses that are the heart of the War on Crime? He ends by conceiving what a legal system would look like if we were truly interested in victims as persons, not as pawns. This is a bold work of jurisprudence and also a practical blueprint for better policyone of the most original books on criminal law in recent years." - Robert Weisberg, Edwin E. Huddleson, Jr. Professor of Law, Stanford University
"Dubber's book is an outstanding achievement: original and insightful, well-written and well-informed, deeply humane and at times even passionate. It deserves to have a significant impact not only on the way criminal justice is thought about by scholars, but also on the wider public policy debate."
"Dubber's book is an outstanding achievement: original and insightful, well-written and well-informed, deeply humane and at times even passionate. It deserves to have a significant impact not only on the way criminal justice is thought about by scholars, but also on the wider public policy debate." - Criminal Law Forum
"Dubber's book is an outstanding achievement: original and insightful, well-written and well-informed, deeply humane and at times even passionate. It deserves to have a significant impact not only on the way criminal justice is thought about by scholars, but also on the wider public policy debate." -Criminal Law Forum
"Interesting, well-argued, and provocative. [Dubber] raises new and important issues about the role and impact of the victims' rights movement."
"Interesting, well-argued, and provocative. [Dubber] raises new and important issues about the role and impact of the victims' rights movement." - Law and Politics Book Review
"Interesting, well-argued, and provocative. [Dubber] raises new and important issues about the role and impact of the victims' rights movement." -Law and Politics Book Review
"Interesting, well-argued, and provocative. [Dubber] raises new and important issues about the role and impact of the victims' rights movement."-- Law and Politics Book Review "Dubber's book is an outstanding achievement: original and insightful, well-written and well-informed, deeply humane and at times even passionate. It deserves to have a significant impact not only on the way criminal justice is thought about by scholars, but also on the wider public policy debate."-- Criminal Law Forum "Dubber gives some powerful examples of how the law has developed haphazardly in response to individual victims' experiences."-- The Howard Journal of Criminal Justice " Victims in the War on Crime includes a valuable review of the development of victims' rights and the war on crime and an interesting link of the two movements that have occurred in the same place and time."-- Contemporary Sociology "Dubber pulls off quite an intellectual feat. First, he offers a ruthless expose on the so-called Victim's Rights movement. Then he shows how the War on Crime, in which victims are enlisted, has little to do with real human victims in the first place. Where, he asks, are the victims in the vast array of possession offenses that are the heart of the War on Crime? He ends by conceiving what a legal system would look like if we were truly interested in victims as persons, not as pawns. This is a bold work of jurisprudence and also a practical blueprint for better policy--one of the most original books on criminal law in recent years."--Robert Weisberg, Edwin E. Huddleson, Jr. Professor of Law, Stanford University "Dubber has written a long overdue and groundbreaking analysis of the use and abuse of victims' rights to further the aims of a police state. . . . Highly recommended."-- Choice
"It is a great puzzle why so many women say they are not feminist, why so many maintain loyalty to men of their own class and race rather than women of other classes and races not to mention women of their own class and race, why so many women don't feel oppressed. Dee Graham's impressive scholarship brings us back to a basic element of women's material condition: we live in a society in which men are violent and consider the use of violence an appropriate means of dealing with difference. Sure to become a classic, Loving to Survive is a fascinating compendium of studies with a long over- due analysis explaining the persistence of femininity, heterosexuality, and women's love of men." - Sarah Lucia Hoagland, author of Lesbian Ethics: Toward New Value
" Loving to Survive may be the most controversial--and most important--book written during the past two decades. In asserting their theory, the authors ask readers to re-consider virtually all that has been deemed 'true' about relationships between men and women. Such a dramatic paradigm shift will challenge most readers. Whether the reader likes or dislikes this book, one thing seems certain: it will generate dialogue that will surely engage people both intellectually and emotionally." - Donna M. Stringer, feminist author and teacher and President, Executive Diversity Services Inc.
"Sure to spark controversy." - Feminist Bookstore News
"The most important book on the psychology of women in this century. Reading this book is both a personal and intellectual journey. Loving to Survive is an illumination both of abused women and every woman's experience." - June Peters, author of The Phoenix Program
" Victims in the War on Crime includes a valuable review of the development of victims' rights and the war on crime and an interesting link of the two movements that have occurred in the same place and time."
" Victims in the War on Crime includes a valuable review of the development of victims' rights and the war on crime and an interesting link of the two movements that have occurred in the same place and time." - Contemporary Sociology
"Victims in the War on Crimeincludes a valuable review of the development of victims' rights and the war on crime and an interesting link of the two movements that have occurred in the same place and time." -Contemporary Sociology
This item was reviewed in:
Choice, March 2003
To find out how to look for other reviews, please see our guides to finding book reviews in the Sciences or Social Sciences and Humanities.
Summaries
Bowker Data Service Summary
Dubber provides a critical analysis of the role of victims in the criminal justice system in the US as a whole. It focuses not only on the victims of crime, but also on those of the war on victimless crime.
Main Description
Dubber's book is an outstanding achievement: original and insightful, well-written and well-informed, deeply humane and at times even passionate. It deserves to have a significant impact not only on the way criminal justice is thought about by scholars, but also on the wider public policy debate.-Criminal Law Forum"Dubber gives some powerful examples of how the law has developed haphazardly in response to individual victims' experiences."-The Howard Journal of Criminal Justice"Victims in the War on Crimeincludes a valuable review of the development of victims' rights and the war on crime and an interesting link of the two movements that have occurred in the same place and time."-Contemporary Sociology"Dubber pulls off quite an intellectual feat. First, he offers a ruthless expose on the so-called Victim's Rights movement. Then he shows how the War on Crime, in which victims are enlisted, has little to do with real human victims in the first place. Where, he asks, are the victims in the vast array of possession offenses that are the heart of the War on Crime? He ends by conceiving what a legal system would look like if we were truly interested in victims as persons, not as pawns. This is a bold work of jurisprudence and also a practical blueprint for better policy-one of the most original books on criminal law in recent years."-Robert Weisberg, Edwin E. Huddleson, Jr. Professor of Law, Stanford University"Dubber has written a long overdue and groundbreaking analysis of the use and abuse of victims' rights to further the aims of a police state. . . . Highly recommended."-ChoiceTwo phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons.Victims in the War on Crimeis the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging revision that takes victims seriously, and offenders as well.Dubber here salvages the project of vindicating victims' rights for its own sake, rather than as a weapon in the war against criminals. Uncovering the legitimate core of the victims' rights movement from underneath existing layers of bellicose rhetoric, he demonstrates how victims' rights can help us build a system of American criminal justice after the frenzy of the war on crime has died down.
Main Description
Have you wondered: Why women are more sympathetic than men toward O. J. Simpson? Why women were no more supportive of the Equal Rights Amendment than men? Why women are no more likely than men to support a female political candidate? Why women are no more likely than men to embrace feminism--a movement by, about, and for women? Why some women stay with men who abuse them? Loving to Survive addresses just these issues and poses a surprising answer. Likening women's situation to that of hostages, Dee L. R. Graham and her co- authors argue that women bond with men and adopt men's perspective in an effort to escape the threat of men's violence against them. Dee Graham's announcement, in 1991, of her research on male-female bonding was immediately followed by a national firestorm of media interest. Her startling and provocative conclusion was covered in dozens of national newspapers and heatedly debated. In Loving to Survive , Graham provides us with a complete account of her remarkable insights into relationships between men and women. In 1973, three women and one man were held hostage in one of the largest banks in Stockholm by two ex-convicts. These two men threatened their lives, but also showed them kindness. Over the course of the long ordeal, the hostages came to identify with their captors, developing an emotional bond with them. They began to perceive the police, their prospective liberators, as their enemies, and their captors as their friends, as a source of security. This seemingly bizarre reaction to captivity, in which the hostages and captors mutually bond to one another, has been documented in other cases as well, and has become widely known as Stockholm Syndrome. The authors of this book take this syndrome as their starting point to develop a new way of looking at male-female relationships. Loving to Survive considers men's violence against women as crucial to understanding women's current psychology. Men's violence creates ever-present, and therefore often unrecognized, terror in women. This terror is often experienced as a fear for any woman of rape by any man or as a fear of making any man angry. They propose that women's current psychology is actually a psychology of women under conditions of captivitythat is, under conditions of terror caused by male violence against women. Therefore, women's responses to men, and to male violence, resemble hostages' responses to captors. Loving to Survive explores women's bonding to men as it relates to men's violence against women. It proposes that, like hostages who work to placate their captors lest they kill them, women work to please men, and from this springs women's femininity. Femininity describes a set of behaviors that please men because they communicate a woman's acceptance of her subordinate status. Thus, feminine behaviors are, in essence, survival strategies. Like hostages who bond to their captors, women bond to men in an effort to survive. This is a book that will forever change the way we look at male-female relationships and women's lives.
Main Description
Interesting, well-argued, and provocative. [Dubber] raises new and important issues about the role and impact of the victimsÆ rights movement. --Law and Politics Book ReviewDubber's book is an outstanding achievement: original and insightful, well-written and well-informed, deeply humane and at times even passionate. It deserves to have a significant impact not only on the way criminal justice is thought about by scholars, but also on the wider public policy debate. --Criminal Law ForumDubber gives some powerful examples of how the law has developed haphazardly in response to individual victims' experiences. -- The Howard Journal of Criminal JusticeVictims in the War on Crime includes a valuable review of the development of victims' rights and the war on crime and an interesting link of the two movements that have occurred in the same place and time. --Contemporary SociologyDubber pulls off quite an intellectual feat. First, he offers a ruthless expose on the so-called Victim's Rights movement. Then he shows how the War on Crime, in which victims are enlisted, has little to do with real human victims in the first place. Where, he asks, are the victims in the vast array of possession offenses that are the heart of the War on Crime? He ends by conceiving what a legal system would look like if we were truly interested in victims as persons, not as pawns. This is a bold work of jurisprudence and also a practical blueprint for better policy--one of the most original books on criminal law in recent years. --Robert Weisberg, Edwin E. Huddleson, Jr. Professor of Law, Stanford UniversityDubber has written a long overdue and groundbreaking analysis of the use and abuse of victims' rights to further the aims of a police state.... Highly recommended. --ChoiceTwo phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons.Victims in the War on Crime is the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging revision that takes victims seriously, and offenders as well.Dubber here salvages the project of vindicating victims' rights for its own sake, rather than as a weapon in the war against criminals. Uncovering the legitimate core of the victims' rights movement from underneath existing layers of bellicose rhetoric, he demonstrates how victims' rights can help us build a system of American criminal justice after the frenzy of the war on crime has died down.
Main Description
Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons. Victims in the War on Crime is the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging revision that takes victims seriously, and offenders as well. Dubber here salvages the project of vindicating victims' rights for its own sake, rather than as a weapon in the war against criminals. Uncovering the legitimate core of the victims' rights movement from underneath existing layers of bellicose rhetoric, he demonstrates how victims' rights can help us build a system of American criminal justice after the frenzy of the war on crime has died down.
Main Description
Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons.Victims in the War on Crimeis the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging revision that takes victims seriously, and offenders as well.Dubber here salvages the project of vindicating victims' rights for its own sake, rather than as a weapon in the war against criminals. Uncovering the legitimate core of the victims' rights movement from underneath existing layers of bellicose rhetoric, he demonstrates how victims' rights can help us build a system of American criminal justice after the frenzy of the war on crime has died down.
Unpaid Annotation
"Dubber gives some powerful examples of how the law has developed haphazardly in response to individual victims' experiences." - The Howard Journal of Criminal Justice "Victims in the War on Crime includes a valuable review of the development of victims' rights and the war on crime and an interesting link of the two movements that have occurred in the same place and time." -Contemporary Sociology "Dubber pulls off quite an intellectual feat. First, he offers a ruthless expose on the so-called Victim's Rights movement. Then he shows how the War on Crime, in which victims are enlisted, has little to do with real human victims in the first place. Where, he asks, are the victims in the vast array of possession offenses that are the heart of the War on Crime? He ends by conceiving what a legal system would look like if we were truly interested in victims as persons, not as pawns. This is a bold work of jurisprudence and also a practical blueprint for better policy--one of the most original books on criminal law in recent years." -Robert Weisberg, Edwin E. Huddleson, Jr. Professor of Law, Stanford University "Dubber has written a long overdue and groundbreaking analysis of the use and abuse of victims' rights to further the aims of a police state...highly recommended." -ChoiceTwo phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons. Victims in the War on Crime is the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging revision that takes victims seriously, and offenders as well. Dubber here salvages the project of vindicating victims' rights for its own sake, rather than as a weapon in the war against criminals. Uncovering the legitimate core of the victims' rights movement from underneath existing layers of bellicose rhetoric, he demonstrates how victims' rights can help us build a system of American criminal justice after the frenzy of the war on crime has died down.
Table of Contents
Acknowledgments
Introductionp. 1
The War on Victimless Crime
Waging the War on Crimep. 13
Policing Possessionp. 32
State Nuisance Controlp. 98
Vindicating Victims' Rights
The Legitimate Core of Victims' Rightsp. 151
Vindicating Victimsp. 210
The Law of Victim - and Offenderhoodp. 245
Conclusionp. 335
Notesp. 343
Indexp. 389
About the Authorp. 399
Table of Contents provided by Blackwell. All Rights Reserved.

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