NCJ Number
90703
Journal
Australian Police College Journal Dated: (1981) Pages: 34-63
Date Published
1981
Length
30 pages
Annotation
This study briefly examines victim compensation schemes in a number of western countries and makes recommendations for the use of victim compensation in Australian States.
Abstract
An historical review of victim compensation briefly examines traditional compensation, statutory remedies for victims, civil remedies, and moves for reform. Bases for the state's responsibility to provide victim compensation are discussed under the concepts of the state's responsibility to protect its citizens, the welfare principle, the necessity to provide as many resources for the crime victim as for the offender, and economic loss distribution. An overview is provided of major victim compensation schemes in New Zealand, Great Britain, New South Wales, Victoria, the United States, and some other Australian States. The general aspects of victim compensation schemes considered are compensation limits, medical and related expenses, pain and suffering, property loss, the relationship between the victim and the offender, the victim's contribution to the injury, the definition of a crime of violence, and provision for the compensation applicant to be represented by counsel. Provisions for financing a victim compensation scheme are discussed as well. General conclusions are that the state is responsible for ensuring that crime victims are compensated for their losses to the extent that they are restored as nearly as possible to their state prior to the crime. Further, although the state is ultimately responsible for ensuring that victims are appropriately compensated, every effort should be made to see that the offender renders restitution so that the taxpayers are not left to bear the financial consequences of criminal behavior. The appendixes contain details of Australian and U.S. compensation schemes, and 26 bibliographic entries are provided.