NCJ Number
61043
Date Published
1975
Length
94 pages
Annotation
THIS AUSTRALIAN LAW JOURNAL PRESENTS THREE ARTICLES AND A REPORT ON THE 1974 BUDAPEST CONVENTION ON PENAL LAW. DISCUSSION AND RECOMMENDATIONS ABOUT COMPENSATION FOR CRIME VICTIMS ARE INCLUDED.
Abstract
THE PROCEEDINGS DESCRIBE COMPENSATION FOR CRIME VICTIMS AS THE OUTGROWTH OF AN ANCIENT PENOLOGICAL PRINCIPLE NOW LONG FORGOTTEN; THE MODERN TREND IS TO KEEP AND REHABILITATE THE CRIMINAL. THE FIRST PAPER DISCUSSES RESTITUTION AND COMPENSATION IN NEW SOUTH WALES (NSW), AUSTRALIA. ALTHOUGH OFFENDERS CAN BE MADE TO COMPENSATE THEIR VICTIMS UNDER A 1900 LAW, THE LAW IS SELDOM INVOKED. IN 1967, PUBLIC FUNDS WERE APPROPRIATED FOR CRIME VICTIMS' BODILY INJURY TO PROVIDE CONSOLATION RATHER THAN FULL COMPENSATION; THE CEILING ON PAYMENT IS $4,000. COURTS MAY REQUIRE CONVICTED OFFENDERS TO PAY OR DIRECT THE CROWN TO PAY IF NO CONVICTION IS OBTAINED; AN ORDER TO PAY IS SUSPENDED UPON APPEAL. THE PAPER ON NATIONAL COMPENSATION SCHEMES FOR CRIME VICTIMS DISCUSSES THE HISTORY OF SUCH COMPENSATION (THE FIRST COMPREHENSIVE SCHEMES WERE INTRODUCED IN NEW ZEALAND AND THE UNITED KINGDOM IN THE 1960'S), BUT IT ARGUES THAT SUCH PLANS ARE CONTROVERSIAL AND THUS FAR APPLY ONLY TO PERSONAL INJURY. DETAILS OF SCHEMES OR PROPOSALS FROM SEVERAL COUNTRIES ARE EXAMINED. ALSO, DEALT WITH ARE PROBLEMS OF THE NSW 1967 COMPENSATION ACT. UNDER THIS ACT, COMPENSATION MAY BE INSUFFICIENT, SERIOUSNESS OF INJURY AND ECONOMIC LOSS ARE NOT CONSIDERED, VICTIMS' DEPENDENTS AND POLICE ARE NOT COVERED, AND PAYMENT NEEDS TO BE ADMINISTERED BY AN INDEPENDENT TRIBUNAL. RECOMMENDATIONS FROM THE BUDAPEST CONFERENCE PENAL LAW INCLUDE INVOLVING OFFENDERS IN PAYMENTS TO THEIR VICTIMS AND ESTABLISHING NATIONAL INSURANCE FOR COMPENSATION; MOST CONFERENCE PARTICIPANTS FAVORED THE USE OF PUBLIC FUNDS FOR COMPENSATION. A LIST OF OTHER PROCEEDINGS BY THE INSTITUTE IS INCLUDED. (PAP)