NCJ Number
54316
Date Published
1977
Length
17 pages
Annotation
RESTITUTION AND COMPENSATION PROGRAMS IN FLORIDA FOR VICTIMS OF CRIME ARE EXPLORED.
Abstract
ACCUSED CRIMINALS HAVE THE RIGHT TO COUNSEL SUPPLIED AT STATE EXPENSE IF INDIGENT, THE RIGHT TO BAIL UNTIL ADJUDGED GUILTY, THE RIGHT TO BE FURNISHED A COPY OF CHARGES AGAINST THEM, THE RIGHT TO HAVE A COMPULSORY PROCESS FOR WITNESSES, AND THE RIGHT TO A SPEEDY AND PUBLIC TRIAL BY AN IMPARTIAL JURY IN THE COUNTY WHERE THE CRIME WAS COMMITTED. IF ONLY THE RIGHTS OF ACCUSED CRIMINALS AND CONVICTED CRIMINALS ARE CONSIDERED, THE JUSTICE SYSTEM IS WEIGHTED AGAINST INNOCENT VICTIMS. THERE WERE 645,338 REPORTED INCIDENTS OF SERIOUS CRIME IN FLORIDA DURING 1976. A LARGE NUMBER OF THESE CRIMES INVOLVED FORCE OR VIOLENCE TO THE PERSON OF THE VICTIM. THE VALUE OF PROPERTY STOLEN AMOUNTED TO $191,643,470. THE LEGISLATURE HAS ATTEMPTED TO BALANCE THE SCALES IN ORDER TO PROVIDE THE VICTIM OF CRIME WITH SOME MEANINGFUL REDRESS FOR ECONOMIC AND OTHER LOSSES. ONE ENACTMENT GIVES THE VICTIM AN OPPORTUNITY TO APPEAR PERSONALLY BEFORE THE COURT AT THE SENTENCING HEARING AND PRIOR TO THE IMPOSITION OF SENTENCE OR TO SUBMIT A WRITTEN STATEMENT UNDER OATH TO THE STATE ATTORNEY'S OFFICE. AMENDMENTS PASSED IN 1976 RELATE TO CORRECTIONAL WORK PROGRAMS, ALLOWING COMPENSATION FOR WORK PERFORMED TO BE USED IN WHOLE OR PART TO SATISFY RESTITUTION TO THE VICTIM AS ORDERED BY THE COURT. SEVERAL LAWS PASSED IN 1977 HAVE PLACED A LIEN UPON ROYALITIES, COMMISSIONS, PROCEEDS FROM SALES, AND ANY OTHER THING OF VALUE ACCRUING TO AN INMATE OR TO ANY OTHER PERSON ON HIS OR HER BEHALF RESULTING FROM AN ACCOUNT OF THE CRIME FOR WHICH CONVICTION WAS OBTAINED. VICTIM RESTITUTION IS A SIGNIFICANT AND VIABLE SENTENCING ALTERNATIVE IN THE STATE. WHEN MAKING RESTITUTION A CONDITION OF PROBATION, THE COURT MUST CONSIDER THE FINANCIAL RESOURCES OF A DEFENDANT. THE FLORIDA CRIMES COMPENSATION ACT ESTABLISHES AN INDEPENDENT COMMISSION EMPOWERED TO HEAR AND DETERMINE ALL CLAIMS FOR AWARDS. THE CONCEPT OF CRIME COMPENSATION, AS ENACTED, PROVIDES AN OPPORTUNITY TO INCLUDE VICTIMS WITHIN THE FUNCTIONAL CONCEPT OF REHABILITATION, WHICH HAD BEEN RESERVED EXCLUSIVELY FOR IMPRISONED CRIMINALS OR PERSONS ON PROBATION. FOOTNOTES ARE INCLUDED. (DEP)