COMPENSATING CRIME VICTIMS - PREMISE AND REALITY IN THE UNITED STATES (FROM EVOLUTION OF CRIMINAL JUSTICE - A GUIDE FOR PRACTICAL CRIMINOLOGISTS, 1978, BY JOHN CONRAD - SEE NCJ-52561)

• NCJ Number: 52563
• Author(s): A T HARLAND
• Date Published: 1978
• Length: 29 pages
• Corporate Author: Sage Publications, Inc
• Publication Format: Document
• Publication Type: Historical Overview
• Language: English
• Country: United States of America
• Note: PAPER PRESENTED AT THE 1977 ANNUAL MEETING OF THE AMERICAN SOCIETY OF CRIMINOLOGY, HELD IN ATLANTA, GEORGIA IN NOVEMBER 1977

Annotation

A BRIEF HISTORY AND THE RATIONALES OF VICTIM COMPENSATION ARE PRESENTED, ALONG WITH THE LIMITATIONS ON EXISTING PROGRAMS AND THE PROSPECTS FOR EXPANDED SCOPE AND USE OF VICTIM COMPENSATION PROGRAMS.

Abstract

FOLLOWING THE PRESENTATION OF A BRIEF HISTORY OF THE USE OF VICTIM COMPENSATION PROGRAMS THROUGHOUT THE WORLD, THE RATIONALES ADVANCED TO SUPPORT VICTIM COMPENSATION ARE DISCUSSED UNDER TWO BROAD CATEGORIES: ONE SUPPOSING COMPENSATION TO BE A CITIZEN RIGHT OF THE VICTIM; AND ANOTHER CLAIMING VICTIM COMPENSATION TO BE AN EX GRATIA EXTENSION OF THE SERVICES OF THE WELFARE STATE. VICTIM COMPENSATION PROGRAMS IN THE UNITED STATES ARE PERCEIVED AS BEING QUITE LIMITED IN THE VARIETY AND NUMBER OF VICTIMS SERVED DUE TO THE RESTRICTIVE CONDITIONS PLACED ON EXISTING COMPENSATION PROGRAMS. IT IS NOTED THAT MOST COMPENSATION PROGRAMS ARE LIMITED TO VICTIMS OF VIOLENT CRIMES WHO HAVE RECEIVED PHYSICAL INJURY. THE EXCLUSION OF COMPENSATION TO VICTIMS OF PROPERTY CRIMES IS VIEWED AS A SERIOUS SHORTCOMING IN LIGHT OF THE HUGE LOSSES SUFFERED THROUGH SUCH CRIMES. STATISTICS ARE PRESENTED TO SHOW THAT, BECAUSE ONLY A SMALL PERCENTAGE OF CRIME VICTIMS RECEIVE SERIOUS PHYSICAL INJURY AS A RESULT OF VIOLENT CRIMES, THE NUMBER OF VICTIMS WHO QUALIFY FOR COMPENSATION IS RELATIVELY SMALL. THESE SEVERE LIMITATIONS ON MOST COMPENSATION SCHEMES ARE BELIEVED TO BE IMPOSED BY LEGISLATORS IN AN EFFORT TO LIMIT COSTS WHILE APPEASING THE DESIRE OF THE PUBLIC FOR SOME SHOW OF OFFICIAL CONCERN FOR VICTIMS OF CRIME. RESTITUTION TO VICTIMS FROM OFFENDERS IS CONSIDERED TO BE LIMITED BY THE LOW CLEARANCE RATE FOR PROPERTY CRIMES AND THE TENDENCY TO IMPRISON OFFENDERS CONVICTED OF SERIOUS CRIMES, THUS LIMITING THE ABILITY OF THE OFFENDER TO EARN AN INCOME AND PAY RESTITUTION. INCREASED USE OF COMMUNITY-BASED CORRECTIONS AND THE INVOLVEMENT OF WAGE-EARNING INDUSTRIES IN PRISON WORK PROGRAMS ARE CITED AS TRENDS THAT COULD INCREASE THE EFFECTIVENESS OF RESTITUTION PROGRAMS. DATA IS PROVIDED TO SHOW THE SCOPE OF VICTIM NEEDS COMPARED TO THE EXISTING SERVICES OF VICTIM COMPENSATION PROGRAMS. (RCB)