Counseling Chapter 5 Irm What Would You Assistant District Attorney You Must Decide What Charges

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IRM 5-20

What Would You Do?

As an assistant district attorney, you must decide what charges, if any, should be brought against

Pascal.

Reynolds has no recollection of the previous night beyond the information she initially provided.

Her blood alcohol level was twice the legal limit, and she had ecstasy in her system. Reynolds tells

officers that Pascal has always “creeped her out,” something that she has mentioned to several

There are no other witnesses.

What would you do?

a. You decide to formally file charges against Pascal. You believe that the physical injuries on Reynolds

and Pascal, as well as Pascal’s unusual behavior after being discovered by Kidd are sufficient to indicate

that an assault has occurred.

Based on some of the current ambiguity in the case, you must consider the specific charge (or

charges) to file against Pascal.

Let’s review two more concepts before you make another decision about this scene.

Question 3

What are precautions that crime conscious individuals can take to reduce their risk of being accosted by

criminally inclined persons called?

a. avoidance strategies

b. risk management tactics

c. crime control

d. target hardening

IRM 5-21

oneself against the dangers of being victimized while carrying out unavoidable activities. See “The

Importance of Determining Responsibility in the Criminal Justice Process,” LO10, Bloom’s: Remember

c. Incorrect. Avoidance strategies are precautions that crime conscious individuals can take to reduce their

risk of being accosted by criminally inclined persons. Crime control is an outlook that emphasizes the

need for a firm and efficient criminal justice system as a means of protecting the law-abiding society. See

“The Importance of Determining Responsibility in the Criminal Justice Process,” LO10, Bloom’s:

Remember

d. Incorrect. Avoidance strategies are precautions that crime conscious individuals can take to reduce their

risk of being accosted by criminally inclined persons. Target hardening is a strategy that relies on making

the offender’s task even more difficult and discouraging. See “The Importance of Determining

Responsibility in the Criminal Justice Process,” LO10, Bloom’s: Remember

Question 4

What are outside elements that can influence behavior including encouraging or discouraging attempts to

victimize others?

a. situational factors

b. attractiveness

c. proximity

d. vulnerability

What Would You Do?

It tends to be typical protocol in your office to file the most serious charge possible when filing on

behalf of the state. The justification for this custom stems from the high rate of plea bargains in

your county and the common practice of cases being “plead down” for lesser charges. However, the

case involving Reynolds and Pascal contains substantial ambiguity, as both the victim and the

alleged perpetrator are unable to provide clear and unambiguous information as to what happened

IRM 5-22

most serious offense possible, (in your county this is aggravated sexual assault) or if you want to

charge Pascal with a less serious offense (sexual assault).

What would you do?

a. You follow the established practice and charge Pascal with the most serious offense possible,

aggravated sexual assault. Years of experience prosecuting cases has taught you that the majority of cases

Summary A

You justify charging Pascal with the most serious offense possible, not only due to current

practices, but because years of experience with prosecuting cases has taught you that the majority

of cases never go to trial and plea deals are common. Six months after charging Pascal, his defense

attorney approaches you and requests a plea deal. Since his arrest, Pascal has admitted that on the

night of the assault he and Reynolds were initially engaging in consensual sexual activity, but that

Summary B

You decide to stray from the convention of charging with the highest charge possible, and due to

the vague and limited case details that are available you charge Pascal with the lesser charge of

sexual assault. You believe that the case lacks the evidence needed to charge for the higher offense

of aggravated sexual assault. Six months after charging Pascal, you are approached by his defense

attorney, who requests a plea deal. Pascal’s attorney is requesting that the current charge of sexual

remainder of his life.

To learn more about the role of the victim in victimization, see “The Importance of Determining

Responsibility in the Criminal Process” and “Who or What is to Blame for Specific Incidents?”

IRM 5-23

Let’s review two more concepts before you make another decision about this scene.

Question 3

What are precautions that crime-conscious individuals can take to reduce their risk of being accosted by

criminally inclined persons called?

a. avoidance strategies

b. risk management tactics

c. crime control

d. target hardening

Question 4

What are outside elements that can influence behavior including encouraging or discouraging attempts to

victimize others?

a. situational factors

b. attractiveness

c. proximity

d. vulnerability

IRM 5-24

c. Incorrect. Situational factors are outside elements that can influence behavior including encouraging or

discouraging attempts to victimize others. Proximity refers to being within striking distance of an

offender. See “The Importance of Determining Responsibility in the Criminal Justice Process,” LO10,

Bloom’s: Remember

d. Incorrect. Situational factors are outside elements that can influence behavior including encouraging or

discouraging attempts to victimize others. Vulnerability is a prediction about the degree of susceptibility

of a target to attack. See “The Importance of Determining Responsibility in the Criminal Justice Process,”

LO10, Bloom’s: Remember

What Would You Do?

It tends to be typical protocol in your office to file the most serious charge possible when filing on

behalf of the state. The justification for this custom stems from the high rate of plea bargains in

your county and the common practice of cases being “plead down” for lesser charges. However, the

case involving Reynolds and Pascal contains substantial ambiguity, as both the victim and the

alleged perpetrator are unable to provide clear and unambiguous information as to what happened

What would you do?

a. You follow the established practice and charge Pascal with the most serious offense possible,

aggravated sexual assault. Years of experience prosecuting cases has taught you that the majority of cases

never go to trial and plea deals are common, with the majority of cases being plead for lesser charges.

Summary A

You justify charging Pascal with the most serious offense possible, not only due to current

practices, but because years of experience with prosecuting cases has taught you that the majority

of cases never go to trial and plea deals are common. Six months after charging Pascal, his defense

attorney approaches you and requests a plea deal. Since his arrest Pascal has admitted that on the

night of the assault he and Reynolds were initially engaging in consensual sexual activity, but that

life.

To learn more about the role of the victim in victimization, see “The Importance of Determining

Responsibility in the Criminal Process” and “Who or What is to Blame for Specific Incidents?”

Summary B

IRM 5-25

You decide to stray from the convention of charging with the highest charge possible, and due to

the vague and limited case details that are available you charge Pascal with the lesser charge of

sexual assault. You believe that the case lacks the evidence needed to charge for the higher offense

of aggravated sexual assault. Six months after charging Pascal, you are approached by his defense

To learn more about the role of the victim in victimization, see “The Importance of Determining

Responsibility in the Criminal Process” and “Who or What is to Blame for Specific Incidents?”

Chapter 5 Review

1. Each of the following statements pertains to the notion of shared responsibility EXCEPT that it

__________.

a. allows for a more complete explanation of why a crime occurred

b. was a perspective first utilized by the criminologists drawn to the study of victims

c. assumes that victims did not do what was necessary to protect themselves from the harm

d. places the blame for a crime equally across all offenders when there are two or more present

2. Which of the following is least likely to demonstrate how the concept of shared responsibility

challenges the operations of the criminal justice system?

a. Practitioners within the criminal justice system were the first professionals to apply the phrase shared

responsibility to the actions of the victim.

b. To determine guilt, the criminal justice system will need to identify who was responsible for which part

of the crime incident.

c. The criminal justice system strives to place the blame for the offense at the feet of the offender.

IRM 5-26

d. Once found guilty, the criminal justice system will strive to punish the offender.

3. Which of the following terms is the least likely to be associated with the problem of repeat

victimizations from the victim’s point of view?

a. Hot spots

b. Boost explanations

c. Flag explanations

d. Victim careers

4. Which of the following exemplifies a “guilty” victim?

a. Filing a theft insurance claim after losing a ring at the lake

b. Pushing your child off the sidewalk, but then being struck yourself by a drunk driver

c. Walking into a convenience store at the time it is being held up and having your wallet taken

d. Locking your car that is subsequently stolen out of your driveway

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Answer: A

a. Correct. The person involved in this situation is not an innocent victim. In fact, they have crossed the

line to offender by filing a fraudulent claim. LO1, Bloom’s: Understand [The Entire Spectrum of

Possibilities: Recognizing Complete Innocence and Full Responsibility]

b. Incorrect. This person who is injured when shielding others from harm is considered an innocent

victim. LO1, Bloom’s: Understand [The Entire Spectrum of Possibilities: Recognizing Complete

Innocence and Full Responsibility]

c. Incorrect. This person who is going about his or her day and then is in the wrong place at the wrong

time can be considered an innocent victim. LO1, Bloom’s: Understand [The Entire Spectrum of

Possibilities: Recognizing Complete Innocence and Full Responsibility]

d. Incorrect. If after taking active steps to secure personal possessions one is still victimized, we would

consider this person to be an innocent victim. LO1, Bloom’s: Understand [The Entire Spectrum of

Possibilities: Recognizing Complete Innocence and Full Responsibility]

5. Which notion fails to support victim blaming?

a. The just world outlook

b. Techniques of neutralization

c. Peer pressure related to substance abuse experienced by the offender

d. Careless and rash behaviors of the victim

6. Which of the following is a fundamental premise that goes against the notion of victim defending?

a. Motivated offenders select victims irrespective of whether the victim has acted in a foolish or careless

way.

b. Victim blamers overestimate the actual proportion of cases where the carelessness of a person leads to

their victimization.

c. Urging people to be more cautious is not the answer to decreasing the crime rate.

d. Victim defenders also want to be offender defenders and place the blame for crime more on the system.

IRM 5-28

a. Incorrect. Victim defenders recognize that if the offender is so motivated, it will not matter what the

behavior of the victim is. The offender will act irrespective of the behavior of the victim. LO2, Bloom’s:

Understand [Who or What Is to Blame for Specific Incidents?]

b. Incorrect. Victim defenders argue that cases where the victim’s behavior leads to the crime incident is

the exception rather than the rule. LO2, Bloom’s: Understand [Who or What Is to Blame for Specific

Incidents?]

c. Incorrect. Victim defenders argue it is unrealistic to urge people to be more cautious in their behaviors.

They feel this cautious attitude ignores the social conditions that give rise to the behaviors of both victims

and offenders. LO2, Bloom’s: Understand [Who or What Is to Blame for Specific Incidents?]

d. Correct. Victim defenders are more likely to be offender blamers. They argue that we need to remove

the blame for a criminal incident from the victim and place it fully back on the offender who chooses to

commit the act. LO2, Bloom’s: Understand [Who or What Is to Blame for Specific Incidents?]

7. Which of the following statements incorrectly portrays victim facilitation?

a. Victim facilitators typically make it easier for the offender through their carelessness.

b. The amount of blame we place on the victim facilitator is minor.

c. Offenses we typically classify as victim facilitated include rape, burglary, and property loss.

d. Victim facilitation can best be thought of as a catalyst for a crime incident rather than as a straight

causal factor.

8. Which of the following is an inaccurate statement of how victim facilitation is applied to the crime of

identity theft?

a. Identity theft is the fraudulent access to and use of another’s personal identifiers (for example, social

security number) often for financial gains by the offender.

b. Facilitating acts by victims that can make them more vulnerable to identity theft are measured by the

NCVS.

c. The crime of identity theft often goes unreported.

d. The facilitated act of identity theft falls under the Part I offense of larceny theft.

IRM 5-29

a. Incorrect. This definition of identity theft implies that the victim has made it possible in some way to

gain access to his or her personal identifiers. LO6, Bloom’s: Understand [Mistakes Individuals Make:

Victim Facilitation]

b. Incorrect. The NCVS has collected data on identity theft since 2004. LO6, Bloom’s: Understand

[Mistakes Individuals Make: Victim Facilitation]

c. Incorrect. Identity theft may go unreported for many reasons such as a bank was notified of the event,

the victim is unaware of the theft, and the belief that there is nothing the police can do about it. Even if it

is reported, however, it is likely to go uninvestigated and remain unsolved. LO6, Bloom’s: Understand

[Mistakes Individuals Make: Victim Facilitation]

d. Correct. The outdated laws have not caught up to the ways that thieves have been able to utilize

technology into their crimes. So, while purse snatching remains part of what the UCR counts as larceny

theft, identity theft does not. LO6, Bloom’s: Understand [Mistakes Individuals Make: Victim Facilitation]

9. In 2014, the number of Americans who were the victim of identity theft was __________.

a. just over 17,000

b. just over 170,000

c. just over 1,700,000

d. just over 17,000,000

10. Which of the following is least likely to be a factor in the increased vulnerability of college students to

identity theft?

a. College students tend to be more careless than other groups of adults.

b. College students often live in shared housing like dormitories.

c. College students may post identifying information on a social media account.

d. College students may throw out paperwork with sensitive information, like account numbers, rather

than shredding it.

IRM 5-30

c. Incorrect. Posting information like where one was born, date of birth, mother’s name, address, and so

on, could be used by identity thieves to establish accounts in one’s name. LO6, Bloom’s: Understand

[Mistakes Individuals Make: Victim Facilitation]

d. Incorrect. The term dumpster diving has been created to show that thieves will stop at nothing, even

crawling through the trash, to obtain your information that can then be used in a fraudulent manner. LO6,

Bloom’s: Understand [Mistakes Individuals Make: Victim Facilitation]

11. The NCVS provides information about no-force entries that lead to a burglary. Which of the following

are least likely to facilitate the burglary by negligently leaving a door unsecured?

a. Senior citizens’ households

b. Households that include a lot of people

c. Minority households

d. Lower income households

12. Which of the following statements fails to reflect levels of victim facilitation today regarding auto

theft?

a. About 20 percent of motorists admit that they did not always lock their vehicles.

b. Seven percent of drivers sometimes left spare keys in their vehicle.

c. A recent insurance industry publication indicated that between 40 and 90 percent of all thefts were

facilitated by motorists’ carelessness.

d. One-third of drivers have left their car unattended while it was running.

13. How is victim provocation similar to victim facilitation?

a. Participants in a victim provoked incident tend to share common characteristics.

IRM 5-31

b. More responsibility for the harm is placed on the victim than on the person who is the victor.

c. Crimes of violence are most likely to have been provoked than property crimes.

d. Clear definitions for each of the victim instigations makes it easy to distinguish between them.

14. Wolfgang’s 1958 study of victim precipitated homicides in Philadelphia from 1948 to 1952 concluded

all of the following EXCEPT __________.

a. about one-quarter of the homicides during this time could be identified as victim precipitated

b. offenders consumed alcohol prior to precipitated homicides

c. more than a third of the precipitative victims had a history of committing at least one violent offense

d. nearly all precipitative victims were men

15. Which statement best reflects the outlet-attractor perspective?

a. One will apply force to accomplish a goal.

b. As the confrontation unfolds, at least one party attempts to save face at the other’s expense by not

backing down, which then escalates into a fatal showdown.

c. For individuals who binge drink, their judgment will become clouded and they are likely to

misinterpret another’s intentions and actions.

IRM 5-32

d. At certain drinking locations, people gather with the expectation that they will be released from normal

constraints on their behavior.

16. For the robber moving through the five stages of a robbery, during which stage would he or she

establish co-presence?

a. First stage

b. Second stage

c. Third stage

d. Fifth stage

17. When considering victim blaming and victim defending, which of the following is a negative outcome

of the ongoing debate?

a. Tendency to place less attention on the larger social and environmental conditions that shape both the

victim and offender

b. Willingness of the victim blamers and victim defenders to scrutinize specific criminal acts and review

real-life incidents

c. Need to go outside the fields of criminology and victimology to utilize other social sciences to better

understand causal factors

d. Fact that sometimes victim blamers and victim defenders will switch sides depending on the crime that

is being examined

IRM 5-33

a. Correct. Victim blaming and victim defending have both been criticized for being too micro-focused

rather than being more macro-focused. That is, they get bogged down with the details of particular cases

without stepping back to see how major social institutions like family and the labor market may have

impacted these victimizations. LO2, Bloom’s: Understand [Transcending Victim Blaming and Victim

Defending: System Blaming]

b. Incorrect. Even within a particular crime classification there can be much variance in the nature of the

offense and the outcome of the harm. A willingness to examine the unique characteristics of a crime will

allow for a better understanding of causal factors for the behaviors of both the victim and the offender.

LO2, Bloom’s: Understand [Transcending Victim Blaming and Victim Defending: System Blaming]

c. Incorrect. The need to draw on such social sciences as sociology, psychology, economics, and

anthropology provide for more robust explanations of the behaviors and motivations for both offenders

and victims. LO2, Bloom’s: Understand [Transcending Victim Blaming and Victim Defending: System

Blaming]

d. Incorrect. The willingness of the person to examine each crime on its own merits and to review the

differing behaviors of various victims is a strength. Some victims do need to be criticized for their actions

while others, at times, are purely innocent victims. LO2, Bloom’s: Understand [Transcending Victim

Blaming and Victim Defending: System Blaming]

18. Which of the following continues to place the blame for property offenses on the victim rather than

shifting it to the system?

a. Recognizing the growing gulf between the rich and the poor in light of the continued emphasis on

material possessions

b. Identifying the black market that supports an industry of stolen automobiles for sale or parts

c. Condemning the automobile industry for failing to create a way to secure one’s vehicle safely and

easily

d. Dwelling on the actions of careless motorists and opportunistic car thieves

19. Which of the following incorrectly places the blame for identity theft offenses on the victim rather

than the system?

a. Federal and state officials fail to create legislation to provide governmental compensation or offender

restitution programs to help those who experienced financial losses due to identity theft.

IRM 5-34

b. Individuals post identifying data (like date of birth) on social media sites.

c. Banks and credit card companies fail to secure the information of their clients, and then pass on the

losses to the clients through higher rates and charges.

d. Credit monitoring companies are making a profit by emphasizing the threat of victimization the public

faces with identity theft.

20. Victim facilitation, precipitation, or provocation within an offense may impact how a case moves

through the criminal justice system in all of the following ways EXCEPT __________.

a. the case may be moved to a mediation center for review

b. the prosecuting attorney would want to place greater emphasis on the testimony of the victim since he

or she was involved in the crime incident

c. police may have a difficult decision at the scene of the crime to determine who is the offender and who

is the victim

d. judges may inflict a lighter sentence on offenders when the victim played an active role in the crime

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lighten the sentence of the offender. LO3, Bloom’s: Understand [The Importance of Determining

Responsibility in the Criminal Justice Process]

21. According to deterrence theory, the solution to criminal offending can be found in __________.

a. swift and sure punishment experienced by the offender

b. changing the deviant lifestyles of the offender

c. changing the routine activities of the offender

d. decreasing the attractiveness of the target

22. Routine Activities Theory supports each of the following themes that are found in the disciplines of

criminology and victimology EXCEPT __________.

a. social conditions continuously generate criminally inclined individuals

b. opportunities for committing thefts and robberies multiply as possessions increase

c. crime prevention methods will work best by strengthening the criminal justice system

d. certain activities and circumstances expose people and their possessions to heightened dangers

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LO9, Bloom’s: Understand [The Importance of Determining Responsibility in the Criminal Justice

Process]

d. Incorrect. A central theme to Routine Activities Theory is that within our day-to-day comings and

goings, there are times when the three elements of a motivated offender, suitable target, and absence of

capable guardians will coincide. When this happens on a frequent basis, you will see increased levels of

crime. LO9, Bloom’s: Understand [The Importance of Determining Responsibility in the Criminal Justice

Process]

23. Characteristics of victimization prevention include all of the following EXCEPT __________.

a. following tips and warnings to secure one’s identity, car, and home

b. becoming crime conscious or “street smart”

c. changing one’s lifestyle so day–to–day behaviors will not place himself or herself at risk

d. collective actions taken by community groups, businesses, and police departments to decrease crime

24. Which example best reflects the practice of target hardening?

a. Staying home so as to not mix with strangers at a party

b. Carrying a concealed weapon when going to a dangerous neighborhood

c. Adding dead bolt locks to the external doors to one’s home and adding a fence around the property

d. Studying up on where crimes occur in your community

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25. Which of the following statements relating to reducing risks of victimization is false?

a. Senior citizens are victimized more than young adults because of their physical vulnerability.

b. It is safer to stay at home than to travel outside the home.

c. A person can reduce risks by not becoming intoxicated.

d. Traveling with another or in a group is safer than traveling alone.