NCJ Number
141237
Date Published
1992
Length
12 pages
Annotation
This bulletin, published by the U.S. Department of Justice, Office for Victims of Crime, introduces victims and victim service providers to the theories of civil liability and dispels the myth of uncollectability under which many victims labor.
Abstract
Civil litigation gives crime victims a chance to vindicate their individual rights by allowing them to control the key elements of the case against perpetrators and negligent third parties. Civil suits provide unique opportunities for victims to recover economic and non-economic losses. Unlike criminal court, where the prosecution must prove the defendant's guilt beyond a reasonable doubt, in civil court, the victim must only prove the case by a preponderance of the evidence. Torts tried in civil court may be either accidental or intentional, resulting from an assault, a battery, a wrongful death, false imprisonment, or the reckless infliction of emotional distress. Damages can include compensatory, punitive, or pecuniary awards. Cases against third parties may be pursued under the doctrine of parental liability, the co-conspiracy theory, or the doctrine of negligent entrustment. Victim service providers should be able to inform the victim about the possibility of a monetary recovery, provide him with realistic expectations about the outcome of a civil suit, and assist him in locating an attorney. Judgments may be collected from the individual or from relevant insurance policy guarantors. A body of civil law exists which offers special protection to abused children, women victims, campus crime victims, and victims of perpetrators who work in professional capacities. However, victims should be aware of the potential drawbacks of civil litigation as well, regarding court backlog, victim responsibilities in the case of a judgment, and the possibility that the perpetrator may not be able to pay the damages awarded. 16 notes