Stalking in the United States
Cause of Action by Victim of Stalking Against Stalker and Third Parties: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action by Victim of Stalking Against Stalker and Third Parties, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Resources
See Also
Attempt; Domestic Violence; Prediction of Crime and Recidivism.
Victims’ Rights.
Case Law
Hinckley v. United States, 140 F.3d. 277, 286 (1998).
Long v. State, 931 S.W. 2nd 285 (1996).
Tarasoff v. Regents of the University of California, 551 2nd 334 (1976).
United States v. Reinhold, 975 F. Supp. 834 (W.D. La. 1997).
Further Reading (Books)
American Psychiatric Association. Diagnostic and Statistical Manual, 4th ed. Washington, D.C.: American Psychiatric Press, 1994.
Bradfield, Jennifer L. “Anti-Stalking Laws: Do They Adequately Protect Victims?” Harvard Women’s Law Journal 21, no. 229 (1998): 229-266.
Burgess, Ann W., and Holmstrom, Lynda L. Rape: Crisis and Recovery. West Newton, Mass.: Awab, Inc., 1986.
Burgess, Ann W.; Baker, Timothy; Greening, Deborah; Hartman, Carol; Douglas, John; and Halloran, Richard. “Stalking Behaviors Within Domestic Violence.” Journal of Family Violence 12 (1997): 389-403.
Caplan, Lincoln. The Insanity Defense and the Trial of John W. Hinckley, Jr. New York: Dell, 1987.
Cook, Roger F.; Smith, Barbara E.; and Harrell , Adele V. Helping Crime Victims: Levels of Trauma and the Effectiveness of Services. Report submitted to the National Institute of Justice. Washington, D.C.: Institute for Social Analysis, 1985.
de Clerambault, Claude G. Les psychoses passionelles. In Oeuvres psychiatrique. Paris: Presses Universitaires de France, 1942. Pages 315-322.
Department of Justice. Stalking and Domestic Violence: The Third Annual Report to Congress Under the Violence Against Women Act. Washington, D.C.: U.S. Department of Justice, 1998.
Dietz, Park E.; Matthews, Darrel B.; Martell, D. A.; Stewart, T. M.; Hrouda, D. R.; and Warren, Janet. “Threatening and Otherwise Inappropriate Letters to Members of the United States Congress.” Journal of Forensic Sciences 36 (1991): 1445-1468.
Douglas, John E.; Burgess, Ann W.; Burgess, Allen G.; and Ressler, Robert K. Crime Classification Manual: A Standard System for Investigating and Classifying Violent Crimes. New York: Lexington Books/Macmillan, 1992.
Fein, Robert A.; Vossekuil, Bryan; and Holden, G. A. Threat Assessment: An Approach to Prevent Targeted Violence. NIJ Research in Action. Washington, D.C.: U.S. Department of Justice, 1995.
Geberth, Vern J. “Stalkers.” Law and Order 10 (1992): 1-6.
Goddard, Henry H. Feeblemindedness: Its Cause and Consequence. New York: Macmillan, 1914
Goring, Charles. The English Convict. London: H.M. Stationery Office, 1913.
Groth, A. Nicholas. Men Who Rape. New York: Plenum Press, 1979.
Hall, D. M. “Stalking Often Linked to Sexual Assaults.” Sexual Assault Report 1 (1997): 6.
Harmon, Brenda K. “Illinois Newly Amended Stalking Law: Are All the Problems Solved?” Southern Illinois University Journal 19 (1994): 165-197.
Harrell, Adele V.; Smith, Barbara E.; and Newmark, Lisa. Orders for Domestic Violence Victims. Washington, D.C.: The Urban Institute, 1993.
Harrell, Adele V.; Smith, Barbara E.; and Cook, Roger F. The Social Psychological Effects of Victimization. Report submitted to the National Institute of Justice. Washington, D.C.: Institute for Social Analysis, 1985.
Hazelwood, Robert R., and Douglas, John E. “The Lust Murderer.” FBI Law Enforcement Bulletin 49 (1980): 18-22.
Karbarz, Suzanne L. “The First Amendment Implications of Antistalking Statutes.” Journal of Legislation 21 (1995): 331-350.
Karczewski, Lisa A. “Stalking in Cyberspace: The Expansion of California’s Current Anti-stalking Laws in the Age of the Internet.” McGeorge Law Review 30 (1999): 517.
Kestler, Jeffrey L. Questioning Techniques and Tactics. Colorado Springs, Colo.: Shepards/McGraw-Hill, 1982.
Kinder, GaryVictim: The Other Side of Murder. New York: Delacorte Press, 1982.
Lerman, Lisa G. Prosecution of Spouse Abuse: Innovations in Criminal Justice Responses. Washington, D.C.: Center for Women’s Policy Studies, 1983.
Lindesmith, Alfred R., and Dunham, H. Warren. “Some Principles of Criminal Typology.” Social Forces 19 (1941): 307-314.
Megargee, Edward I., and Bohn, Martin I. Classification of Criminal Offenders: A New System Based on the MMPI. London: Sage Publications, 1979.
Meloy, J. Reid. “Unrequited Love and the Wish to Kill.” Bulletin of the Menninger Clinic 53 (1989): 477-492.
–. “Stalking (Obsessional Following): A Review of Some Preliminary Studies.” Aggression and Violent Behavior 1 (1996): 147-162.
Further Reading (Articles)
Meloy, J. Reid, and Gothard, S. “Demographic and Clinical Comparison of Obsessional Followers and Offenders with Mental Disorders.” American Journal of Psychiatry 152, no. 2 (1995): 258-263.
Mullen, P. E., and PathÉ, M. “Stalking and the Pathology of Love.” Australian and New Zealand Journal of Psychiatry 28 (1994): 469-477.
Patton, E. A. “Stalking Laws: In Pursuit of a Remedy.” Rutgers Law Journal 25 (1994): 465-515.
Perez, Christina. “Stalking: When Does Obsession Become a Crime?” American Journal of Criminal Law 20 (1993): 264-290.
Raskin, D. E., and Sullivan, K. E. “Erotomania.” American Journal of Psychiatry 131 (1974): 1033-1035.
Rennie, Ysabel. The Search for Criminal Man: The Dangerous Offender Project. New York: Lexington Books/Macmillan, 1977.
Ressler, Robert K.; Burgess, Ann W.; and Douglas, John E. Sexual Homicide: Patterns and Motives. New York: Lexington Books/Macmillan, 1988.
Roberts, Albert R., and Dziegielewski, S. F. “Assessment Typology and Intervention with the Survivors of Stalking.” Aggression and Violent Behavior 1 (1996): 359-368.
Roebuck, Julian B. Criminal Typology, 2d ed. Springfield, Ill.: Charles C. Thomas Co., 1967.
Schafer, Steven. The Victim and His Criminal: A Study in Functional Responsibility. New York: Random House, 1968.
Walker, J. M. “Anti-Stalking Legislation: Does It Protect the Victim without Violating the Rights of the Accused?” Drexler University Law Review 71 (1993): 273-302.
Walker, Leonore E. Battered Women. New York: Harper and Row, 1979.
Wirtz, Paul, and Harrell, Adele V. “Police and Victims of Physical Assault.” Journal of Criminal Justice and Behavior 14 (1987): 81-92.
Wright, James A.; Burgess, Allen G.; Burgess, Ann W.; Laszlo, Anna T.; McCrary, Greg O.; and Douglas, John E. “A Typology of Interpersonal Stalking.” Journal of Interpersonal Violence 11 (1996): 487-502.
Further Reading (Articles 2)
Stalking Perpetrators and Psychological Maltreatment of Partners: Anger-Jealousy, Attachment Insecurity, Need for Control, and Break-Up Context, Violence and Victims; January 1, 2000; Davis, Keith E. Ace, April Andra, Michelle
Stalking: Terrorism at Our Doors-How Social Workers Can Help Victims Fight Back, Social Work; October 1, 2003; Spitz, Mary-Ann Leitz
Stalking Victims Lose More Than Sense of Safety, Daily Herald (Arlington Heights, IL); January 14, 2009; Crary, David
Anti-Stalking Legislation in Practice: Are We Meeting Community Needs?, Psychiatry, Psychology and Law; November 1, 2007; McEwan, Troy E. Mullen, Paul E. MacKenzie, Rachel
Comparing Stalking Victimization from Legal and Victim Perspectives, Violence and Victims; January 1, 2000; Tjaden, Patricia Thoennes, Nancy Allison, Christine J.
Stalking Victimization in the Context of
Intimate Partner Violence, Violence and Victims; January 1, 2007; Logan, T. K. Shannon, Lisa Cole, Jennifer
Stalking as a Variant of Intimate Violence: Implications from a Young Adult Sample, Violence and Victims; January 1, 2000; Logan, T. K. Leukefeld, Carl Walker, Bob
Stalking on Campus: Ensuring Security with Rights and Liberties, College Student Journal; June 1, 2010; Campbell, Julie Longo, Peter J.
Stalking’s victims describe fear, uprooted lives, The Record (Bergen County, NJ); January 14, 2009; DAVID CRARY, THE ASSOCIATED PRESS
Stalking, The Israel Journal of Psychiatry and Related Sciences; April 1, 2006; Mester, Roberto Birger, Moshe Margolin, Jacob
Stalking: Policing and Prosecuting Practices in Three Australian Jurisdictions, Trends & Issues in Crime and Criminal Justice; November 1, 2000; Ogilvie, Emma
Stalking Should Be Made a Criminal Offence, Says Law Commission, Cape Times (South Africa); November 28, 2008; Ndenze, Babalo
Stalking in the shadows, Hindustan Times (New Delhi, India); March 19, 2011
CAMPUS STALKING: Theoretical Implications and Responses, College Student Affairs Journal; April 1, 2011; Scott, Joel H. Cooper, Diane L.
Stalking Victims’ Fear? Being Ignored, Telegraph – Herald (Dubuque); January 28, 2013; Mandel, Eric
Defining Stalking: The Influence of Legal Factors, Extralegal Factors, and Particular Actions on Judgments of College Students, Western Criminology Review; March 1, 2011; Cass, Amy I.
Stalking, Harrassment, and Murder in the Workplace: Guidelines for Protection and Prevention, Personnel Psychology; April 1, 2002; Ones, Deniz S
Stalking Investigations, What We’ve Learned Since 1991, Journal of California Law Enforcement; October 1, 2007; Proctor, Mike
At last stalking is treated with the gravity it needs, The Herald; July 16, 2010; Catriona Burness
Stalking Isn’t Asexcrime for Government, Mail Today (New Delhi, India); January 4, 2013
Stalking, Sexual Behaviour and the Law
Stalking
See Also
Domestic Violence; Violence Against Women Act
Further Reading
Stalking in the Criminal Justice System
This section covers the topics below related with Stalking :
Stalking
Stalking
Cause of Action by Victim of Stalking Against Stalker and Third Parties: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action by Victim of Stalking Against Stalker and Third Parties, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Resources
See Also
- Stalking
- Stalking
Stalking in Labor Law
According to unr.edu, Stalking is defined as: When a person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member. Stalking includes but is not limited to:
1. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
a. Fear for the person’s safety or the safety of others; or•b. Suffer substantial emotional distress.
2. For the purpose of this definition:
a. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens or communicates to or about, a person, or interferes with a person’s property.
b. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
c. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
Stalking in Labor Law
According to unr.edu, Stalking is defined as: When a person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member. Stalking includes but is not limited to:
1. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
a. Fear for the person’s safety or the safety of others; or
b. Suffer substantial emotional distress.
2. For the purpose of this definition:
a. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens or communicates to or about, a person, or interferes with a person’s property.
b. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
c. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
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