PAYING THE PRICE OF CRIME - TO WHAT EXTENT SHOULD THE STATE BE OBLIGED TO COMPENSATE VICTIMS OF VIOLENCE?

• NCJ Number: 57770
• Journal: Corrections Magazine Volume: 5 Issue: 2 Dated: (JUNE 1979) Pages: 36-45
• Author(s): J BLACKMORE
• Date Published: 1979
• Length: 10 pages
• Corporate Author: Criminal Justice Publications, Inc
• Sale Source: Criminal Justice Publications, Inc
• Language: English
• Country: United States of America
• Note: BACK ISSUE ALSO AVAILABLE

Annotation

THE CONTINUING FEDERAL DEBATE OVER THE COSTS AND PROPRIETY OF A NATIONAL VICTIM COMPENSATION PROGRAM IS CONTRASTED WITH THE SCOPE AND APPARENT SUCCESS OF SEVERAL STATE-RUN RESTITUTION INITIATIVES.

Abstract

SINCE 1965, FEDERAL CRIME VICTIM COMPENSATION LEGISLATION HAS BEEN INTRODUCED IN EVERY SESSION OF CONGRESS. SINCE 1967, EVERY SENATE SESSION HAS PASSED SUCH LEGISLATION ONLY TO BE REJECTED BY THE HOUSE OF REPRESENTATIVES. CONGRESSIONAL SUPPORTERS BELIEVE THAT OPPOSITION TO THE LEGISLATION, WHICH CENTERED MAINLY ON COST RATHER THAN PHILOSOPHY, WILL SUBSIDE AND THAT A FEDERAL COMPENSATION PROGRAM WILL BE A REALITY BEFORE THE 1980'S. BILLS BEFORE THE CONGRESS AUTHORIZE THE U.S. ATTORNEY GENERAL TO MAKE SUBSIDY GRANTS TO EXISTING STATE PROGRAMS IF THEY MEET PRESCRIBED STANDARDS. STATE PROGRAMS MUST PROVIDE MEDICAL AND DEATH BENEFITS, MUST INCLUDE THE RIGHT OF CLAIMANTS TO APPEAL AWARD DECISIONS, MUST HAVE SUBROGATION AND RESTITUION PROVISIONS, AND MUST DENY OR REDUCE AWARDS TO THOSE FOUND TO HAVE CONTRIBUTED TO THE CRIME. FURTHER, NO AWARD FOR EARNING LOSS CAN EXCEED $200 PER WEEK PER INDIVIDUAL AND CLAIMANTS MUST APPLY FOR COMPENSATION WITHIN A YEAR OF THE REPORTED OFFENSE. ACCORDING TO A SURVEY OF STATE PROGRAMS, MOST OF THE EXISTING INITIATIVES WOULD QUALIFY FOR FEDERAL SUBSIDY. STATE PROGRAMS WORK VERY MUCH LIKE WORKMEN'S COMPENSATION PROGRAMS. THE VICTIM OR DEPENDENTS FILE A CLAIM WITH THE COMPENSATION BOARD; IF THE BOARD JUDGES THE CLAIM TO BE WITHIN THE PRESCRIBED LIMIT, IT MAKES A JUDGMENT AND ORDERS AN APPROPRIATE AWARD. EACH STATE HAS STRINGENT GUIDELINES GOVERNING HOW MUCH AND TO WHOM COMPENSATION WILL BE GRANTED. ONE OF THE MORE CONTROVERSIAL ELIGIBILITY REQUIREMENTS IS THE 'MEANS' OR FINANCIAL HARDSHIP TEST. NEW YORK, FOR EXAMPLE, REQUIRES A CLAIMANT TO DEMONSTRATE THAT A SERIOUS FINANCIAL HARDSHIP RESULTED FROM THE CRIME BEFORE A CLAIM CAN BE CONSIDERED. THE NEW YORK COMPENSATION PROGRAM, THE LARGEST IN THE NATION, IS DISCUSSED EXTENSIVELY, AND THE PROVISIONS OF VARIOUS OTHER STATE PROGRAMS ARE COMPARED. A COMPARATIVE TABLE OF 24 EXISTING PROGRAMS IS ALSO PROVIDED. (KBL)