Making Victims Whole Again: Restitution, Victim-Offender Reconciliation Programs, and Compensation (From Victims of Crime, P 245-256, 1997, Robert C. Davis, Arthur J. Lurigio, et al., eds. - See NCJ-167360)

• NCJ Number: 167374
• Author(s): B E Smith; S W Hillenbrand
• Date Published: 1997
• Length: 12 pages
• Sale Source: Sage Publications, Inc
• Publication Type: Literature Review
• Language: English
• Country: United States of America

Annotation

Restitution, victim-offender reconciliation programs, and victim compensation are examined with respect to their origin and evolution, their development in recent years, and their effectiveness in terms of both financial reimbursement and victim satisfaction.

Abstract

Judicial authority to order defendants to make restitution to their victims is longstanding in the common law and has been codified in the Federal system and many States for some time. Since the 1970's, a spate of legislation has been enacted on the subject. Victims are understandably most satisfied with restitution when the restitution order is for the full amount of the loss and when the offender complies completely. Unfortunately, these goals are often mutually exclusive. The first victim-offender reconciliation program began in Canada in 1974 and spread to the United States in 1978. The United States had more than 120 such programs in 1994; most dealt with misdemeanor property crimes involving strangers. The first crime victim compensation program began in California in 1965 and quickly spread to other States. These three kinds of programs all hold promise for making victims whole. However, only a small proportion of victims benefit from these programs due to lack of awareness about the programs, the inability or unwillingness of defendants to pay restitution, the insufficiency of State funds to compensate victims, and limits on which victims are eligible for compensation. Notes and 48 references