NCJ Number
49724
Journal
Journal of Sociology and Social Welfare Volume: 3 Issue: 6 Dated: (JULY 1976) Pages: 624-635
Date Published
1976
Length
7 pages
Annotation
VICTIM RESTITUTION AND COMPENSATION PROGRAMS ARE DESCRIBED BOTH GENERALLY AND SPECIFICALLY, AND AN APPRAISAL IS PROVIDED.
Abstract
NOTING THAT THE RIGHTS OF THE ACCUSED AND THE OFFENDER HAVE RECEIVED GROWING ATTENTION IN THE EVOLUTION OF CRIMINAL JUSTICE PRACTICES, RECENT ATTENTION TO THE NEEDS OF CRIME VICTIMS IS CONSIDERED A WELCOME AND LONG OVERDUE TREND. VICTIM RESTITUTION IS DEFINED AS PAYMENTS OR SERVICES RENDERED BY THE OFFENDER TO THE VICTIM, AND COMPENSATION IS UNDERSTOOD TO BE PAYMEMTS MADE BY THE STATE TO VICTIMS OF CRIME. IT IS INDICATED THAT THE RESTITUTION SANCTION CAN BE APPLIED AT ANY STAGE OF THE CRIMINAL JUSTICE PROCESS AFTER THE APPREHENSION OF THE ACCUSED. THIS WOULD INCLUDE THE USE OF RESTITUTION ON A PRETRIAL BASIS, AS WELL AS IN PROBATION AND DETENTION PROGRAMS, WHERE RESTITUTION MAY BE PART OF THE SANCTION IMPOSED. COMMUNITY-BASED PROGRAMS ARE PARTICULARLY ADAPTABLE TO RESTITUTION OBJECTIVES, AS OFFENDERS WILL CONTINUE TO WORK IN THE COMMUNITY AND EARN AN INCOME, A PORTION OF WHICH CAN BE USED TO MAKE RESTITUTION TO THE VICTIMS. THE BENEFITS OF THE RESTITUTION PRACTICE FOR THE OFFENDER AS WELL AS THE VICTIM AND THE COMMUNITY ARE LISTED. VICTIM COMPENSATION WHICH INVOLVES PAYMENT TO A CRIME VICTIM BY THE STATE, IS A DESIRABLE WAY OF USING PUBLIC FUNDS TO HELP VICTIMS WHO SUFFER UNDER A FATE TO WHICH ALL CITIZENS ARE EXPOSED SINCE THE HIGHEST PERCENTAGE OF VICTIMS ARE FOUND IN LOW SOCIOECONOMIC STRATA, COMPENSATION IS SEEN TO WORK FOR THE BENEFIT OF THOSE WHO ARE LEAST ABLE TO SUSTAIN THE COSTS OF VICTIMIZATION. IT IS NOTED THAT, WITH A FEW MINOR EXCEPTIONS, CRIME VICTIM COMPENSATION PROGRAMS ARE LIMITED TO LOSSES SUSTAINED BECAUSE OF PHYSICAL INJURY RESULTING FROM CRIMINAL VICTIMIZATION, TO THE EXCLUSION OF PROPERTY VICTIMS. SUCH COMPENSATION WOULD INCLUDE COSTS OF MEDICAL SERVICES, LOSS OF WAGES, REDUCTION IN EARNING CAPACITY, AND MISCELLANEOUS OUT-OF-POCKET EXPENSES. WHERE COLLATERAL PAYMENTS FROM OTHER SOURCES EXIST, MOST COMPENSATION PROGRAMS PROVIDE FOR DEDUCTING THESE PAYMENTS FROM THE COMPENSATION AWARDS. IT IS PREDICTED THAT TRENDS TOWARD HELPING PROGRAMS FOR VICTIMS WILL CONTINUE AND EXPAND. REFERENCES ARE 1PROVIDED. (RCB)