TECHNIQUES OF VICTIM INVOLVEMENT IN RESTITUTION

• NCJ Number: 65089
• Author(s): R HOFRICHTER
• Date Published: 1979
• Length: 45 pages
• Grant Number(s): 78-DF-AX-0132; 279-0038
• Sponsoring Agency: US Dept of Justice; Edna McConnell Clark Foundation
• Corporate Author: Criminal Justice and the Elderly
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: PAPER PRESENTED AT THE THIRD NATIONAL RESTITUTION SYMPOSIUM, SEPTEMBER 26-28, 1979

Annotation

RECOMMENDATIONS DEVELOPED AS A RESULT OF THE CRIMINAL JUSTICE AND THE ELDERLY PROGRAM RESTITUTION STUDY FOCUSING ON VICTIM INVOLVEMENT IN RESTITUTION EFFORTS ARE PRESENTED.

Abstract

THE PURPOSE OF THE RESTITUTION STUDY IS TO IDENTIFY, FROM A VICTIM-ORIENTED PERSPECTIVE, FEATURES IN THE DESIGN AND PRACTICE OF RESTITUTION PROGRAMS WHICH IMPEDE OR FACILITATE MEETING VICTIM NEEDS. STUDY METHODOLOGY INCLUDED SITE VISITS TO 10 RESTITUTION PROGRAMS ACROSS THE COUNTRY AND LENGTHY TELEPHONE INTERVIEWS WITH 8 OTHERS. SITES VARIED GREATLY WITH REGARD TO TYPES OF CASES HANDLED AND ORGANIZATIONAL SPONSORS. PERSONS INTERVIEWED INCLUDED THE PROJECT DIRECTORS, STAFF MEMBERS, AND PROBATION OFFICIALS, AMONG OTHERS. STANDARDS FOR ASSESSING WHETHER PROGRAMS MEET VICTIM-RELATED OBJECTIVES INCLUDE AVAILABILITY OF VICTIM BENEFITS FOR A BROAD RANGE OF OFFENSES, DEGREE OF VICTIM INVOLVEMENT, AND MEETING SECONDARY VICTIM NEEDS RESULTING FROM VICTIMIZATION. PRELIMINARY FINDINGS INDICATE THAT, WHERE VICTIMS ARE INVOLVED AS CENTRAL PARTICIPANTS IN THE RESTITUTION PROCESS, THE LIKELIHOOD THAT THEY WILL RECEIVE MONETARY AND MENTAL HEALTH BENEFITS IS ENHANCED. THERE IS NO INDICATION THAT INVOLVING THE VICTIM WILL EITHER BIAS DECISIONMAKERS OR LEAD TO UNFAIR RESULTS FOR OFFENDERS. TWO CONDITIONS MUST BE MET TO ENSURE EFFECTIVE VICTIM INVOLVEMENT IN THE RESTITUTION PROCESS. FIRST, FORMAL INSTITUTIONAL PROCEDURES PERMITTING THE VICTIM TO PLAY A ROLE AT EACH CRITICAL STAGE OF THE CRIMINAL JUSTICE PROCESS MUST BE BUILT INTO THE STRUCTURE OF THE PROGRAM. SUCH PROCEDURES WOULD REQUIRE AN AGENT OR ADVOCATE FOR THE VICTIM TO CHANNEL INFORMATION AND EXPLAIN THE RESTITUTION PROCESS. SECOND, VICTIMS MUST BE ENCOURAGED TO PARTICIPATE AND MUST BE PROVIDED WITH NEEDED SUPPORT SERVICES. WHILE SPECIFIC MEANS OF COMMUNICATION VARY ACCORDING TO CIRCUMSTANCES, EFFECTIVE COMMUNICATION OF VICTIM NEEDS MUST BE AS DIRECT AS POSSIBLE; I.E., NEGOTIATION WITH THE OFFENDER. COMMUNICATION SHOULD BE AS BROAD AS POSSIBLE AND INCLUDE VICTIM OPINIONS AS WELL AS STATEMENTS ABOUT MEDICAL AND PSYCHOLOGICAL PROBLEMS. VICTIM VIEWS SHOULD BE PRESENTED TO THE SANCTIONING AUTHORITY IN A SEPARATE REPORT. REFERENCE NOTES ARE PROVIDED IN THE PAPER. (LWM)