NCJ Number
11976
Journal
UCLA Law Review Volume: 21 Issue: 1 Dated: (OCTOBER 1973) Pages: 317-355
Date Published
1973
Length
39 pages
Annotation
ANALYSIS OF THE WEAKNESSES OF CURRENT VICTIM COMPENSATORY REMEDIES, AND A PROPOSAL FOR A GOVERNMENT-FINANCED PLAN TO AID VICTIMS OF VIOLENT CRIME.
Abstract
VICTIMS OF CRIME ARE RARELY COMPENSATED FOR LOSSES SUFFERED AT THE HANDS OF THE CRIMINAL. THE EFFECTIVENESS OF TWO CIVIL REMEDIES, PRIVATE SUIT AND RESTITUTION BY THE OFFENDER, IS LIMITED BY THE OFFENDER'S ABILITY TO PAY. THESE MEANS OF RECOVERY, OF COURSE, ARE NOT AVAILABLE IF THE CRIMINAL IS NOT APPREHENDED. INDIRECT METHODS OF COMPENSATION - PRIVATE INSURANCE AND TAX DEDUCTIONS - ARE EQUALLY UNSATISFACTORY, SINCE THEY ARE EITHER UNAVAILABLE OR INADEQUATE FOR LOW INCOME VICTIMS. STATE COMPENSATION, WHEN AVAILABLE, IS SEVERLY LIMITED IN SCOPE AND EFFECT. THE AUTHOR PROPOSES A SYSTEM OF REHABILITATION, LARGELY FINANCED BY THE FEDERAL GOVERNMENT, THAT WOULD RESTORE VICTIMS TO THEIR FORMER ECONOMIC, PHYSICAL, AND EMOTIONAL POSITIONS. THIS PLAN WOULD NOT BE LIMITED TO MONETARY RECOVERY, BUT WOULD INCLUDE JOB TRAINING AND EDUCATION, WHERE APPROPRIATE. OUT-OF-POCKET EXPENSES INCURRED AS A RESULT OF THE INJURY, WOULD BE REBATED WITHOUT LIMIT, WHEREAS RECOVERY OF EARNINGS AND FOR PAIN AND SUFFERING WOULD BE SUBJECTED TO AN UPPER LIMIT. PROPERTY LOSSES WOULD NOT BE PAID.