NCJ Number
51723
Date Published
1976
Length
20 pages
Annotation
DRAWING ON EXISTING VICTIM COMPENSATION SCHEMES IN THE UNITED STATES, UNITED KINGDOM, CANADA, AUSTRALIA, AND NEW ZEALAND, VARIOUS CENTRAL ISSUES ARE DISCUSSED, AND SUGGESTIONS FOR IMPROVEMENT ARE OFFERED.
Abstract
IN EXAMINING THE HISTORY OF VICTIM COMPENSATION SCHEMES, IT IS NOTED THAT, IN CONTRADICTION OF DURKHEIM'S THEORY THAT PRIMITIVE SOCIETIES EMPHASIZED VENGEANCE AGAINST OFFENDERS AND ADVANCED SOCIETIES ARE CONCERNED WITH RESTITUTION, ANCIENT SOCIETIES INVOLVED THE VICTIM AS A CENTRAL FIGURE IN CRIMINAL PROCEEDINGS, WITH RESTITUTION TO THE VICTIM BEING OF MAJOR CONCERN. IN CONTRAST, MODERN SOCIETIES HAVE RELATIVELY RECENTLY TAKEN STEPS TO DEAL WITH THE FINANCIAL LOSSES INCURRED BY VICTIMS OF CRIME. ELEMENTS OF THESE EFFORTS IN VARIOUS COUNTRIES ARE DISCUSSED. THE TOPICS CONSIDERED ARE THE CIRCUMSTANCES FOR JUSTIFYING COMPENSATION; THE PROCESS OF ADJUDICATION, INCLUDING THE STANDARD OF PROOF REQUIRED, THE RIGHT OF APPEAL, AND EVIDENCE, PROCEDURE, AND SUBSTANTIVE LAW; RESPONSIBILITY OF THE CRIMINAL FOR COMPENSATION AND THE POSSIBILITY OF SUBROGATION; LIMITATIONS ON THE RIGHT TO CLAIM; THE TYPES OF CLAIMS AND THE MANNER OF PAYMENT; THE RIGHTS OF BYSTANDERS; SPECIAL COMPENSATION-INSURANCE SCHEMES; AND COMPENSATION FOR VICTIMS OF THE CRIMINAL PROCESS. IT IS ADVISED THAT THE FULL POTENTIALITIES OF VICTIM COMPENSATION WILL ONLY BE REALIZED WHEN IT CEASES TO BE A PERIPHERAL PART OF THE PENAL LAW AND REGAINS ITS FORMER VITAL POSITION AS AN INTEGRAL, CENTRAL ASPECT OF THE CRIMINAL PROCESS. SOME WAYS IN WHICH THIS MIGHT BE DONE ARE BRIEFLY SUGGESTED IN A CONCLUDING SECTION. (RCB)