Victimology: An Emphasis on the Lifestyle-Exposure Theory and the Victim
Precipitation Theory as it Applies to Violent Crime
H.L. Dietrich As early as 1937 scholars in the criminological field were looking at how the victim’s behavior, lifestyle, and interaction with the suspect(s) had a positive correlation with a violent outcome. These studies were mostly within the silent realm of criminological research only to be revisited over thirty years later. Up until the rise of the victim’s movement around 1970, crime was generally analyzed from the perspective of the suspect and his/her actions. The victim’s rights movement was just one reason for the shift in focus from the suspect to the victim. The growth and refinement of victimization survey methodology and the data gathered from it, most importantly in regard to the characteristics of the victim, allowed for “the development of explanations that place victims at the center of the theoretical enterprise” (Kennedy and Sacco, 1998). Dissatisfaction on the part of some criminologists who felt that previous theories and research had not resulted in a better understanding as to why crime rates fluctuated was another reason that crime began to be analyzed from the perspective of the victim. For the vast majority of violent offenses, the crime does not take place in a vacuum. By the same token, the “victim” and “suspect” are not always so clearly defined. In many instances, the final result is the end to what was a series of events leading up to that ultimate episode (violence). An example of this would be a person that is assaulted or killed after years of physically abusing their spouse, boyfriend, girlfriend, or child. This example also lends itself to the second point made in that the line between victim and suspect can be somewhat unclear. In an ideal world, the victim would be in a legitimate place, acting lawfully while in that place, and have no prior relationship or previous interaction with the suspect – a sheep. And in this ideal world, our suspect would be the wolf – coming out of the woods and into the pasture to prey upon the innocent sheep. Those in law enforcement know that is ideal is, for the vast majority of instances, unrealistic. Rarely is there such a dichotomy between the suspect and his victim. Perhaps society needs a clear line of good and bad in an effort to understand and come to terms with the state of anomie that we currently find ourselves in regard to crime. This is exacerbated by the media and their coverage of the events. This author has investigated crimes in which the line between victim and suspect was absolutely, unequivocally blurred; the news broadcast, however, tends to focus on the condensed and most dramatic details. This deliberate action is meant to put a “spin” on the story in order to capture and lock in the audience. The siphoning of facts thereby makes the victim sound completely pure and innocent, all in the name of tugging on heart strings and Victimology: An Emphasis on the Lifestyle-Exposure Theory and the Victim Precipitation Theory as it Applies to Violent Crime (2008) Page 1 of 8 getting ratings (suggested reading: Bias: A CBS Insider Exposes How the Media Distort the News (2003) by Bernard Goldberg). The victim, of course, is not on trial. However, the media has a long-standing history of avoiding any culpability on the part of the victim as it relates to the violent event. This is not to imply that the sheep versus wolf phenomenon does not occur. There are instances in which the victim of a violent crime was as described in the example of the ideal victim – an individual who was conducting a legitimate act, in a legitimate place, and unknown to the suspect. This is evidenced by the Ward Parkway Mall shooting that occurred on April 29, 2007. A deranged gunman open fire in a parking lot and inside of a mall with the intent of destroying lives as he calmly made his way to his former place of employment. In this case, two individuals lost their lives for simply being in the wrong place at the wrong time, and were complete strangers to the suspect. With it being understood that the ideal victim and suspect are a rarity, victimologists have studied how individuals become victims and why. This endeavor not only shifted the focus, but it became a feeding ground for animosity on the part of victims and the victim’s rights movement, as they felt that this research was shifting blame from the suspect and placing it on the shoulders of the victim. In this author’s opinion, this is not the case and the methodical research and its findings have been misunderstood and inflamed; particularly in regard to the victim precipitation theory when analyzing rape and sexual assault. Although it is a fine line to walk, victims can be the catalyst of a crime, or can put themselves into a position in which the probability of becoming a victim dramatically increases. This article is meant to discuss these theories. From the late 1930’s through the 1950’s, Hans von Hentig and Beniamin Mendelsohn “explored the relationships between victims and offenders. They developed victim typologies that identified victim characteristics that might increase a person’s risk of victimization . . . or even contribute to or precipitate the victimization” (Tobolowsky, 2000). As early as 1937 Mendelsohn categorized victims into six types – only one of which was considered to be “innocent” and in the wrong place at the wrong time. The other five typologies assigned some responsibility to the victim for contributing to their own injury (O’Connor, 2003). In 1948 von Hentig studied victims of homicide and formulated the following typologies: the “greedy” type, the “wanton” type, the “depressive” type, and the “tormentor” type (O’Connor, 2001). His work became the foundation of what is now called the victim precipitation theory. Marvin Wolfgang continued with this research a decade later. Von Hentig and Mendelsohn are considered to be the fathers of victimology by the majority of criminologists today. Victimology: An Emphasis on the Lifestyle-Exposure Theory and the Victim Precipitation Theory as it Applies to Violent Crime (2008) Page 2 of 8 Numerous theories exist as to why people become victims of crime, but this article will only examine the lifestyle-exposure theory and the victim precipitation theory. Current theoretical perspectives tend to divide the reason for victimization into two categories: opportunity and victim-offender interaction, although they may overlap in some instances. Criminal opportunity says that unlawful inclination does not equal crime unless there is the opportunity to commit the offense, and that the opportunity is acted upon. For instance, if a gang member waits outside of a night club with a gun waiting for a rival gang member to come out, there obviously is an inclination on the part of the would be shooter to commit a crime. If the rival gang member was not in that club that night because he knew he was going to be shot, then no crime has been committed against him. If, however, he did go to the nightclub, and he did get shot by the opposing gang member, a crime obviously has been committed. In the first scenario, the intent was there, but the opportunity was not. The second example brings the criminal intent and opportunity together resulting in an offense. Another scenario to show how dynamic criminal opportunity is as it applies to victimology: A traveler from out of state gets turned around and is lost in a violent part of town. Not aware that he has driven into a dangerous area, he stops at a gas station to ask for directions. As he opens his car door to get out he hears a man telling him to give him the keys and is staring down the barrel of a revolver. Unbeknownst to the traveler, a man with criminal intent was waiting for an opportunity to commit a crime. Albeit this victim is much more innocent than our rival gang member in the previous scenario, one common theme exists: opportunity. Keeping in mind that this is from a victim’s point of view, the criminal opportunity looks to explore how the victim’s actions allowed, or made it easier for a crime to be committed. Traditional theories of crime just assume that victimization opportunities are present and then attempt to explain why some people exploit them. Opportunity theories, however, argue that it is the supply of opportunities, rather than the willingness of motivated offenders to take advantage of them, that requires explanation. In short, we need to ask what it is that people do that presents offenders with criminal opportunities (Kennedy and Sacco, 1998). Falling under the scope of the criminal opportunity umbrella is the lifestyleexposure theory. The theory was authored by Michael Hindeland, Michael Gottfredson, and James Garofalo (1978) and the issue they were attempting to address and understand was how the victim’s lifestyle influenced their chances of becoming a victim. Entwined in this theory are the demographics of the victim and/or the victim’s proximity to the offender’s demographics. The criminal opportunity arises from the lifestyle and demographics of the victim. Victimology: An Emphasis on the Lifestyle-Exposure Theory and the Victim Precipitation Theory as it Applies to Violent Crime (2008) Page 3 of 8 If the victim is himself involved in criminal activity, whether it is drugs, robbery, or assault, he is more likely to associate with others like him. Statistics show that most homicide victims are young black males. Statistics also show that most homicide suspects are young black males. This is of no coincidence. “Because individuals are most likely to interact with those who are similar to themselves, individuals’ victimization is directly proportional to the number of characteristics they share with offenders.” National Criminal Justice Reference Service). From a criminal justice perspective, victims who are also offenders are less likely to report their own victimization as they do not want authorities to know about their illegal activities. Also, these victims are viewed with suspicion and perceived to be less credible by police and the courts. When an offender-turned-victim is using and/or selling drugs or under the influence of alcohol, they will most likely be associating with others who are involved in the same behavior. This article will not address the psychological and physiological effects of depressants, stimulants, etc. – particularly their affects on judgment and reflexes. However, a victim who is under the influence can be viewed as an easy target as his ability to react, defend himself, or flee will be inhibited.
Victimology: An Emphasis on the Lifestyle-Exposure Theory and the Victim
Precipitation Theory as it Applies to Violent Crime (2008) Page 4 of 8 Victim-offender interaction looks at the exchange between victims and offenders – what was said and by whom, how the victim and offender responded to one another, and how those involved acted toward one another. This interaction may not be an intentional one. The victim may be doing or saying something, or be part of a social group that the suspect views as either a threat or an opportunity. Theories under this category have received much debate and are highly controversial. In no way, whether it is an opportunity-based explanation such as lifestyle-exposure theory or a victim-offender interaction, are victimologists blaming the victims for their own victimization. Instead, these hypotheses are simply presented as a possible reason as to why the criminal event occurred, why the suspect acted the way s/he did, and use the information to help prevent similar crimes in the future. The victim precipitation theory is rooted in the notion that victims “may initiate, either actively or passively, the confrontation that leads to their victimization” (Siegel, Brown and Hoffman, 2006). Active precipitation occurs when the victim behaves aggressively or provocatively or even is the first to attack. Passive precipitation occurs when victims unknowingly threaten or encourage the offender. Published in 1958, Marvin Wolfgang’s expanded Ph.D. thesis, Patterns in Criminal Homicide, analyzed 588 Philadelphia homicides committed between 1948 and 1952. The results of his research were that approximately one-quarter of the homicides were the result of the victim initiating the aggression (American Philosophical Society, 2004). The point that Wolfgang was making was that “in a significant number of cases, the stereotypical notion that murders involve completely innocent victims and completely guilty offenders is wrong or at the very least misleading” (Kennedy and Sacco, 1998). This book was not only the most detailed study that had Marvin E, Wolfgang 1924-1998
been conducted on victim-offender interaction as it relates to
homicide, but it empirically demonstrated the following: the
Victimology: An Emphasis on the Lifestyle-Exposure Theory and the Victim
Precipitation Theory as it Applies to Violent Crime (2008) Page 5 of 8 significant role alcohol plays, that the majority of homicides studied involved family members or close friends, and that the victims and offenders were of the same race. Applying Wolfgang’s model of victim precipitation, Menachim Amir’s Patterns of Forcible Rape (1971) studied 646 cases of forcible rape in Philadelphia. The conclusion was that 19 per cent of the offenses were victim-precipitated. Amir classified the rapes as such if: . . . the victim was deemed to have agreed to sexual relations but retracted before the actual act or did not react strongly enough when the suggestion was made by the offender. . . . [and that] many women, through compliance, contribute to their own victimization. Amir’s conclusion suggests that the victim is to blame for creating the impression that the offender believes that sexual relations are welcome. It is the refusal to go through with the sexual encounter that Amir suggests precipitates the rape (Kennedy and Sacco, 1998) Of no surprise, these statements had victims and victim’s rights advocates up in arms. As with Freud and some of his outlandish conclusions, Wolfgang too, at times, kept the fires of contention burning. In one instance, he theorized that many victimprecipitated homicides were caused by the “unconscious desire of the victims to commit suicide” (Roberson, 1994). This author is uncertain as to how that conclusion was drawn or what research was conducted to support that determination. The victim precipitation theory, if not understood correctly, does seem to imply that the victim is to blame. When read and applied properly, it theorizes that the victim’s actions and/or behaviors, whether intentionally or not, contributed to their victimization. For example, if a man buys a woman a few drinks at a bar and then she accepts his offer for a ride home, most people agree that this behavior could put the woman in a compromising position. To the woman, she may or may not be interested in the man sexually, but the man, at this point, may think that her acceptance of a ride is an unspoken agreement that there will be a sexual encounter. If the woman gets raped, proponents of the victim precipitation theory are in no way implying that the victim caused the rape to occur. What the theory is saying is that this woman’s passive precipitation may have influenced the dynamic of the situation thereby rendering her a sheep. Using the same scenario and not changing any actions or behaviors on the part of the female, the man may just as easily have dropped the woman off at her home without incident. The woman’s actions and behavior did not change but the outcome did. It was the man’s behavior that changed the outcome. This example is what the victim precipitation theory is trying to argue. The potentially hazardous situation was not created by either the man or the woman alone; it was formed by the dynamic interaction between the two people.
Victimology: An Emphasis on the Lifestyle-Exposure Theory and the Victim
Precipitation Theory as it Applies to Violent Crime (2008) Page 6 of 8 Lifestyle-exposure and victim precipitation are just two examples of theories victimologists have developed to understand and explain why one person and not another becomes a victim; knowing that no one theory will ever explain the etiology of every crime. This author’s intent was to present two explanations that are both plausible and applicable. These theories were also chosen because they are understood on the gut level by those in the field of law enforcement, but who are perhaps not aware of the research that lies behind the sometimes obvious conclusions. Law enforcement personnel do not have to be told that the line between victim and suspect is often blurry. And more so, we are very well aware that a significant number of violent crime victims are not completely innocent individuals who are in the wrong place at the wrong time. This may be deemed by some as a jaded view of society, but this article was intended to demonstrate how criminologists have studied crime from a victim’s perspective, and have come to the same conclusion(s) that those in law enforcement have. Without analyzing both the suspect and the victim, one cannot factually hypothesize why crime occurs. By studying all aspects of violent crime, realistic explanations can be offered and information can be provided on how to avoid becoming a victim of crime.
Victimology: An Emphasis on the Lifestyle-Exposure Theory and the Victim
Precipitation Theory as it Applies to Violent Crime (2008) Page 7 of 8 Resources Crime Characteristics. http://www.ojp.usdoj.gov/bjs/cvict_c.htm. History of the Victims’ [sic] Movement in the United States. http://aabss.org/journal2000/ f04Walker.jmm.html. Kennedy, N. and Sacco, V. (1998). Crime Victims in Context. Los Angeles: Roxbury. Lea, J. (1992). Left Realism: A Framework for the Analysis for Crime. http://www.bunker8pwp. blueyonder.co.uk/misc/square.htm. How about victim precipitation? http://myhome2.naver.com /crim2/victim.htm. National Victim Assistance Academy (1996). Theoretical Perspectives of Victimology and Critical Research. http://www.ojo. usdoj.gov/ ovc/assist/nvaa/ch03.htm. O’Connor T. (2001). Victimology Theory. http://faculty.ncwc.edu/TOCONNOR/300/3001ect01.htm. O’Connor T. (2003). Advanced Applied Victimology. http://faculty.ncwc.edu/ TOCONNOR/ 428/428lect03.htm. Proceedings of the American Philosophical Society (2004). Marvin Eugene Wolfgang (Vol. 148, No. 4, December 2004). Schmalleger, R. (2003). Criminal Justice Today. New Jersey: Prentice Hall. Siegel, L., Brown, G., and Hoffman, R. (2006). Criminology: The Core. Ontario, Nelson Education. Theoretical Perspective. http://www.ncjrs.gov/html/ojjdp/jjbul2002_12_1/page 4.html. Tobolowsky, P. (2000). Understanding Victimology. Cincinnati: Anderson. Van Dijk, J. Introducing Victimology. http://rechten.uvt.n/victimology/other/vandijk.pdf. Zender, L. Social Dimensions of Crime and Justice: Victims. http://www.oup.com/uk/orc/bin/9780199249374/resources/synopses/ ch13.doc.
Charts from the U.S. Department of Justice.
Photograph of Marvin E. Wolfgang from the American Philosophical Society.
Victimology: An Emphasis on the Lifestyle-Exposure Theory and the Victim
Precipitation Theory as it Applies to Violent Crime (2008) Page 8 of 8
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