Electronic Evidence



Electronic Evidence

Introduction

Fear is more often linked with certain types of crimes. In many cases, this association is due to the nature of the crime itself. For example, some crimes are considered especially horrific (e.g. murder, rape, child molestation). These types of crimes are more likely to be remembered, especially if they receive heavy media coverage. As a result, while these crimes may be relatively rare, their frequency is greatly over-estimated by the general public. For many individuals, this perception or misperception is often related to higher levels of fear for that particular type of crime. On the other hand, fear is a required component for some types of crime. For example, with a crime like stalking, fear is considered an integral component of the actual crime.

With most definitions of stalking, fear is not just a potential outcome; it is a critical element for the behavior to be considered criminal (Basu & Jones, 2007). The experience of fear is frequently included with both legal definitions and survey measures of stalking victimization. Stalking is an international problem that presents nearly the same way worldwide. It is an obsessive, unrequited attachment to another person that can lead to a spectrum of behaviors, ranging from invasion of privacy to assault. There are a small percentage of stalkers who are strangers to their victim (Phillips, et.al, 2004). Cyber stalking is becoming more of an issue because it is providing stalkers a myriad of ways to not only remain connected to their victims, but also to gain access to private information, and in worst case scenarios, harm victims (Sheridan & Davies, 2001).

Discussion

While it has been an issue for a long time, stalking was not considered to be a crime until about 20 years ago. Since then, stalking, and the detrimental effects it can have on an individual's life, has become an important issue for criminology researchers and practitioners. The first state anti-stalking law was passed in California in 1990. Within three years, all 50 U.S. states and the District of Columbia had similar statues. Then, a federal anti-stalking law was passed in 1996 (Basu & Jones, 2007). Throughout the 1990s, the amount of research examining stalking victimization began to grow rapidly. By the end of the decade there were dozens of small-scale stalking victimization studies. Stalking victimization research has continued to grow throughout the 2000s.

Law & History of stalking in the United States

Stalking has not been easily defined in the legal arena, which makes it difficult to prosecute. In the United States, some states have begun creating laws to combat stalking; California was the first to create such a law (Sheridan & Davies, 2001). This law was the reaction to the murder of actress Rebecca Schaeffer. In 1989, Robert Bardo shot the actress at her home in Los Angeles. Bardo was mentally ill and obsessed with Schaeffer (Dunn, 2008, Chapter 14). After writing many letters to Schaeffer, and multiple ineffective attempts to meet her, Bardo hired a private detective to obtain her home ...