NCJ Number
47993
Date Published
1977
Length
7 pages
Annotation
THE VICTIM IS VIEWED AS THE NEGLECTED PARTY IN THE ADMINISTRATION OF CRIMINAL JUSTICE, AND IT IS ARGUED THAT RESTITUTION IS NOT THE MOST EFFECTIVE WAY OF COMPENSATING A VICTIM.
Abstract
THE CONTENTION OF THE ARTICLE IS THAT BEING VICTIMIZED WILL CAUSE THE VICTIM TO DOUBT THE LEGITIMACY AND USEFULNESS OF THE CRIMINAL JUSTICE SYSTEM. SHORT OF REDUCING THE CRIME RATE, THE ONLY WAY TO REGAIN THE SUPPORT OF THE VICTIM POPULATION IS TO DEVISE SOME MEANS OF MAKING THE VICTIM 'WHOLE' AGAIN AFTER VICTIMIZATION. IN MOST MODELS OF THE CRIMINAL JUSTICE PROCESS, OFFENDERS ARE CONCEPTUALIZED AS THE HUB OF A WHEEL TO WHOM ALL OTHER AGENTS AND AGENCIES ARE RELATED. WITH THE EXCEPTION OF SOME PROJECTS FUNDED BY THE LEAA AND SEVERAL SOCIOLOGICAL STUDIES OF THE RELATIONSHIP BETWEEN VICTIMS AND OFFENDERS, VICTIMS HAVE LARGELY BEEN IGNORED. THERE HAS BEEN GROWING CONCERN FOR VICTIMS, BUT THERE HAVE BEEN NO SCHOLARLY ATTEMPTS TO DELINEATE THEORETICALLY RELATIONSHIPS BETWEEN VICTIMS AND OTHER ACTORS IN THE CRIMINAL JUSTICE SYSTEM. A VICTIM-ORIENTED MODEL IS PROPOSED THAT DIRECTS THE SUPPORT OF THE COURTS, ADMINISTRATIVE SERVICES, AND THE POLICE TO VICTIMS AND THAT ALSO CONSIDERS CRIMINALS. BECAUSE ONLY A SMALL NUMBER OF VICTIMS ARE ELIGIBLE TO RECEIVE REPARATION UNDER A RESTITUTION PROGRAM, RESTITUTION IN ITS EXISTING FORM IS AN INEFFECTIVE WAY OF REGAINING VICTIM SUPPORT FOR THE CRIMINAL JUSTICE SYSTEM. THE MOST MENTIONED AND LOGICAL ALTERNATIVE TO RESTITUTION IS A STATE-SPONSORED COMPENSATION PROGRAM NOT TIED TO OFFENDER APPREHENSION OR THE ABILITY OF OFFENDERS TO PAY. ANY ALTERNATIVE SHOULD BE DESIGNED TO REHABILITATE OFFENDERS AND COMPENSATE VICTIMS. NOTES ARE INCLUDED. (DEP)