NCJ Number
101823
Journal
Florida State University Law Review Volume: 11 Issue: 4 Dated: (Winter 1984) Pages: 859-892
Date Published
1984
Length
34 pages
Annotation
Following a review of the inadequacies of traditional remedies available to crime victims, this article provides an overview of Florida's Crime Compensation Act and discusses two of its controversial exclusionary provisions.
Abstract
The Act provides compensation to State residents who suffer physical injury from a crime occurring in the State. A number of restrictions and qualifications limit both the numbers and classes of claimants. Two of these restrictions require modification. Under the Act, claimants must show financial need to be eligible for compensation. In addition to producing additional trauma for the victim, this requirement leads to victim alienation and changes the focus of the program from one of compensation to that of a welfare handout. A second restriction prohibits victims who are related to the offender from claiming compensation. This exclusion should be replaced by an 'interest in justice' clause and administrative guidelines for handling relational claimants. The Act's other requirements already provide safeguards against fraud and collusion, and a broader range of innocent victims would be served by this change. These proposed changes are not only workable but are required if the Act is to meet its promise of aiding innocent victims of violent crime. 223 notes.