Victim Movement and Legal Reform (From Victims of Crime: A New Deal?, P 147-155, 1988, Mike Maguire and John Pointing, eds. -- See NCJ-113954)

• NCJ Number: 113968
• Author(s): P Duff
• Date Published: 1988
• Length: 9 pages
• Sale Source: Open University Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United Kingdom
• Note: An earlier version of this paper was presented at a 1984 conference in Cambridge on 'Victims, Restitution, and Compensation in the Criminal Justice System.'

Annotation

Reforms to improve the crime victim's legal position must address relationships between the state and the offender, the victim and the offender, and the state and the victim.

Abstract

Problems in such reforms are particularly evident in compensation of the victim by the offender and in state-funded compensation schemes. One difficulty in restitution schemes is that most offenders do not have the money to compensate their victims in full, and another problem is linking a restitution order to the rest of the sentence. Other difficulties that must be addressed in restitution are the standard of proof of a victim's loss, the victim's passive role, and the judiciary's lack of enthusiasm for restitution orders. A number of problems are also associated with state victim compensation schemes, such as how a victim is to be treated when an injurious attack is not deemed a crime by the criminal justice system due to the attacker's mental illness or young age; what constitutes 'violent crime,' how much should be paid as compensation, who should administer compensation schemes, and the problems raised by the administration of compensation schemes. Other difficulties are the relationship between victim compensation schemes and other compensation mechanisms, crime victims who do not apply for compensation, and denial of compensation to crime victims of dubious character. 10 notes.