NCJ Number
46175
Date Published
1978
Length
139 pages
Annotation
THE DEVELOPMENT OF VICTIM COMPENSATION SCHEMES IN THE UNITED STATES AND IN OTHER COUNTRIES IS SURVEYED, AND A LEGAL AND ECONOMIC ANALYSIS OF THE INCENTIVES FACING THE INTERESTED PARTIES IS OFFERED.
Abstract
THE MAJOR ARGUMENTS FOR INSTITUTING VICTIM COMPENSATION ARE OUTLINED, INCLUDING THE DUTY OF THE STATE TO PROTECT CITIZENS, THE INADEQUACY OF CIVIL REMEDIES FOR CRIME VICTIMS, THE INEQUITIES OF INCOME DISTRIBUTION, AND THE SOCIOLOGICAL VIEW THAT CRIME IS THE FAULT OF SOCIETY IN GENERAL. THE HISTORICAL DEVELOPMENT OF THE VICTIM COMPENSATION PRINCIPLE IS TRACED BACK TO THE CODE OF HAMMURABI; MODERN DISCUSSION OF THE ISSUE IS SUMMARIZED. AN INVESTIGATION OF VARIOUS VICTIM COMPENSATION SCHEMES IN NEW ZEALAND, GREAT BRITAIN, NORTHERN IRELAND, AUSTRALIA, CANADA, AND OTHER NATIONS IS PRESENTED. AMERICAN COMPENSATION PLANS ARE EXAMINED BY STATE, RANGING FROM DIRECT PAYMENTS TO VICTIMS OF CRIME IN MARYLAND TO RESTITUTION BY THE CRIMINAL IN GEORGIA. THE INCENTIVE STRUCTURES OF VICTIMS, POLITICIANS, AND CRIMINALS ARE DESCRIBED AS THEY WOULD EVOLVE UNDER A TYPICAL VICTIM COMPENSATION SCHEME SUCH AS THAT PROPOSED BY THE 1978 CONGRESS. THE PROBABLE CONSEQUENCES ARE CRITICALLY EXAMINED BY USING THE TOOLS OF ECONOMIC ANALYSIS IN THE CONTEXT OF THE PARTICULAR LEGAL ARRANGEMENTS FOR VICTIM COMPENSATION. THE POTENTIAL COSTS, POLITICAL PRESSURES, AND INCENTIVES OF THOSE IMPLEMENTING AND ADMINISTERING COMPENSATION ARE DISCUSSED. EQUITY ARGUMENTS FOR PUBLIC COMPENSATION ARE CONSIDERED, AND COMPENSATION AT THE CONSTITUTIONAL AND POSTCONSTITUTIONAL STAGES IS EXAMINED. THE POSSIBLE RESPONSES OF CRIMINALS AND POTENTIAL VICTIMS TO TYPICAL COMPENSATION PLANS, INCLUDING MORAL HAZARD AND DETERRENCE, ARE TREATED. APPENDED MATERIALS INCLUDE A DISCUSSION OF PRISON LABOR RESTRICTIONS AND A MODEL OF BUREAUCRATIC SUPPLY OF PUBLIC OUTPUT. A BIBLIOGRAPHY AND AN INDEX ARE PROVIDED. (DAS)