NCJ Number
187645
Journal
International Review of Victimology Volume: 7 Issue: 4 Dated: 2000 Pages: 281-304
Date Published
2000
Length
24 pages
Annotation
This article examines three models that allow the victim to claim compensation from the offender within the context of the criminal process.
Abstract
After weighing the models' respective strengths and weaknesses, and indicating how each model can be improved, the article presents a set of criteria that describe "best practice." The article examines the adhesion procedure, the compensation order, and the hybrid model. The article considers that the main stumbling block for each of the three models is the reluctance of legal practitioners to include in the course of criminal proceedings the claiming and awarding of compensation from offender to victim. "Best practice" actions, which the article claims should be observed whatever the compensation model, include: (1) informing victims of their rights; (2) simplifying procedures for claiming compensation; (3) assisting victims in making compensation claims; (4) allowing victims to address the court regarding compensation; (5) permitting court consideration of victim compensation even if an official claim has not been filed; (6) permitting the victim to appeal; (7) relaxing the rules of evidence so the court can estimate rather than calculate the exact amount of compensation; (8) considering the offender's means; and (9) collecting compensation directly by the state or by a debt collection agency on the basis of the victim's implicit permission. Notes, references